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All Journal Ahkam: Jurnal Ilmu Syariah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Legal Protection for the Partnership Agreement Parties EKONOMIKA SYARIAH : Journal of Economic Studies Al Hurriyah : Jurnal Hukum Islam Al Ushuliy JUMANDIK Jurnal Manajemen & Pendidikan
Nofiardi, Nofiardi
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Legal Protection for the Partnership Agreement Parties

 1 
Adat Rantau as a Solution for Multi-Ethnic Marriage in Pasaman, West Sumatera Nofiardi, Nofiardi
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (570.018 KB) | DOI: 10.30631/alrisalah.v20i2.544

Abstract

Inter-ethnic marriages involving the Minangkabau and Mandailing people in the rantau region of Pasaman is increasingly unavoidable, even though people of the respective ethnicities keep preserving their customs. The issue about inter-ethnic marriage tradition in facilitating these two different regions between Minang and Mandailing in the rantau region is an interesting academic analysis. A comparison between it’s solutions with fiqh as well as the Compilation of Islamic Law (Kompilasi Hukum Islam) is also another issue that deserves a discussion. Therefore, the investigation of these issues applies a descriptive-qualitative research compiled through interviews with local figures and bundo kanduang and some sort of secondary sources. This article shows that adat rantau is a new alternative appeared as the solution raised from inter-ethnic marriages, especially between Minangkabau and Mandailing people. This emerging solution also opens up a pathway for the growth of bilateral or parental systems. This adat rantau is different from other regions in which inter-ethnic marriages occur, considering that some maintain the patrilineal system that resonates to fiqh and the Compilation of Islamic Law.
The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia Ismail, Ismail; Busyro, Busyro; Nofiardi, Nofiardi; Wadi, Fajrul; Alwana, Hanif Aidhil
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1243

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
Co-Authors Alwana, Hanif Aidhil Busyro, Busyro Habib, Fakhry Emil Helmy, Muhammad Irfan Ismail Ismail siadio, sidiq Wadi, Fajrul