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All Journal Iqra: Jurnal Ilmu Kependidikan dan Keislaman International Journal of Health, Economics, and Social Sciences (IJHESS) DIKTUM: JURNAL SYARIAH DAN HUKUM Al-Iftah: Journal of Islamic studies and society
Agus Muchsin
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Comparison between Law No. 1 of 1974 and Islamic Law Regarding the Customary Marriage System of Nikka Ada' in Mamuju Society Muh Ishar; Hannani; Saidah; Agus Muchsin; Suarning
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.5519

Abstract

he main issues addressed in this research are: 1) The meaning and process of Nikka Ada' implementation in Mamuju, 2) Islamic law's perspective on the practice of Nikka Ada' in Mamuju, and 3) The view of National Law No. 1 of 1974 on marriage regarding the practice of Nikka Ada' in Mamuju. This study adopts a qualitative approach with descriptive research, utilizing oral questioning. The theoretical frameworks employed include comparative theory, customary wisdom, and maslahah mursalah. The findings of this research conclude that: 1) The process of divorce marriage in Kalukku sub-district is similar to conventional marriage practices, with the groom providing a dowry, witnesses, a guardian, and other customary requirements. The local customs dictate that the marriage is considered complete upon dissolution (divorce). Pregnant women will divorce when the child is born. 2) The phenomenon of divorce marriage in Kalukku sub-district, considering its purposes, brings more benefits than harm. Therefore, based on Quranic verses, Hadiths, and Islamic legal principles, the practice of divorce marriage in Kalukku sub-district is permissible, provided it is undertaken out of necessity to bring about benefits. 3) Nikka Ada' marriages in Kalukku sub-district contradict the prevailing laws as they are not conducted through a court hearing. Divorce occurs solely based on the agreement of both parties, their respective families, and community and customary leaders.
Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang H. Mahmuddin; Sudirman; M. Ali Rusdi; Agus Muchsin; Suarning
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5786

Abstract

A The general aim of this research is to find out the culture and traditions in families in the district. Alla Kab. Enrekang, To find out the strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, and to find out the implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang. This type of research is qualitative research carried out at the Religious Affairs Office (KUA) Kec. Alla Kab. Enrekang. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; Culture and traditions in families in Kec. Alla Kab. Enrekang is a wedding tradition in Alla District, Enrekang Regency as a result of the integration of Islamic culture and local culture, producing local wisdom which contains Islamic values ??as the basis of life for the local community. The main values ??contained in it are the value of kamassangsuranan (brotherhood), the value of taratte' (manners), and the value of majiongan penawa (humbleness). Secondly; Strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, namely a) Pre-marital guidance through marriage age and suscatin programs, b) Routine counseling to the community, c) Guidance on religious aspects through taklim assemblies and Friday worship, and third; Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang shows positive results by improving the quality of family life through programs that focus on education, welfare and strengthening family values. This policy has succeeded in fostering harmonious relationships within families and strengthening community participation in social and economic activities, although there are still challenges in terms of adapting programs to specific local needs. Overall, PMA No. 3 of 1999 plays an important role in improving the social structure of families and encouraging the creation of a more stable and prosperous society in the district. Alla Kab. Enrekang.
The Phenomenon of Unregistered Marriages Due to Rejection of Marriage Dispensation: Study of the Enrekang Religious Court and KUA Kec. Baroque Abd Gaffar; Agus Muchsin; Fikri; Rusdaya Basri; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5791

Abstract

The general aim of this research is to find out the reality/phenomenon of unregistered marriages in the district. Baroko, To find out the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District Determination. Baroko, and to find out legal responsibility for marriage dispensations in Kec. Baroque. This type of research is qualitative research carried out at the Enrekang Religious Court and KUA District. Baroque. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; The reality/phenomenon of marriage is not recorded in Kec. Baroko, namely unregistered marriages in Baroko District, illustrates a complex social phenomenon, where a number of couples choose not to officially register their marriages. This phenomenon reflects various factors, ranging from a lack of understanding of the importance of marriage registration, administrative obstacles, to economic and social factors that influence individual decisions. The consequences of unregistered marriages can impact the legal rights of spouses and their children, as well as hinder access to public services and legal protection, secondly; The judge's consideration in rejecting the application for marriage dispensation in the Religious Court and KUA District Determination. Baroko, namely the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District. Baroko is based on the insufficiency of legal reasons, evidence, and fulfillment of the requirements stipulated by law. The judge assesses whether the application meets the best interests of the child and is in accordance with applicable legal norms, and thirdly; Legal responsibility for marriage dispensation in Kec. Baroko, namely legal responsibility for marriage dispensation in Baroko District includes the obligation to comply with legal requirements stipulated by statutory regulations. Marriage dispensation must be carried out on the basis of strong reasons and compliance with correct administrative procedures. Failure to comply with these provisions can have legal consequences for the parties involved, including protecting children's rights and enforcing legal norms.
Parental Responsibility for Children's Psychological and Social Development After Divorce in Tondong Tallasa District, Pangkep Regency Sikra; Agus Muchsin; Ali Rusdi; Hannani; Rahmawati
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 2: April 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.6852

Abstract

This study analyzes "Parents' Responsibility for the Psychological and Social Development of Children After Divorce in Tondong Tallasa District, Pangkep Regency", with the aim of finding outHow is the responsibility of parents towards the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency, What is the impact of psychological and social law on children after divorce in Tondong Tallasa District, Pangkep Regency, and also How is the resolution of parental responsibility towards the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency. The method used in this study is a qualitative method with data collection used, namely data by collecting from the results of observation, documentation, and interviews. The data source is from the Pangkajene Religious Court and documentation from the KUA Tondong Tallasa District, and the research instrument is the researcher himself and assisted by data collection tools, namely observation guide sheets, interview guidelines, data collection techniques are observation, interviews, and documentation; and testing the validity of the research results is the extension of participation, researcher persistence, and triangulation. The results of this study on parental responsibility for the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency explore how parents manage their roles in supporting children who experience major changes in their lives due to divorce. In addition, this study examines the legal impacts that can affect children's psychology and social, including possible shifts in social relationships and the emotional adaptation process faced by children after divorce. Finally, this study offers practical solutions for parents in fulfilling their responsibilities, including positive communication and engagement strategies.
The Debate Between Customary Traditions and Islamic Family Law: Parental Dominance in Arranged Marriages Following Divorce in Pangkep Al Bahri, Ulil Azmi; Agus Muchsin; Zainal Said
Al-Iftah: Journal of Islamic studies and society Vol 6 No 1 (2025): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/aliftah.v6i1.14412

Abstract

This study aims to examine the phenomenon of parental dominance in the practice of arranged marriages, specifically in the context of divorces resulting from such arrangements in Ma’rang District, Pangkep Regency. Employing a qualitative approach with a case study design, this research collects primary data from parents who have arranged marriages for their children, individuals who were involved in arranged marriages, religious leaders, and community figures. Secondary data were obtained from scholarly literature discussing similar themes. Data collection techniques include observation, in-depth interviews, and documentation. The analysis framework is built upon domination theory, conflict theory, and the concept of maqāṣid al-sharī‘ah. The findings indicate that parents exercise dominance through three approaches: persuasive, authoritative, and coercive. This dominance has significant implications, including marital disharmony, psychological distress, divorce, post-marriage trauma, and interfamily conflict. From the perspective of Islamic family law, arranged marriages that exclude the children's consent are inconsistent with the core values of maqāṣid al-sharī‘ah—specifically the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), and progeny (ḥifẓ al-nasl). It also violates Article 16 (1) and (2) of the Compilation of Islamic Law, which mandates the mutual consent of both parties in a marriage contract. Based on these findings, the study recommends that family decision-making processes prioritize open dialogue and individual autonomy in order to build marriages that reflect Islamic ideals of sakinah, mawaddah, and rahmah. In addition, the study encourages policymakers and religious authorities to strengthen community awareness regarding the legal and ethical dimensions of marriage decisions.
Co-Authors Abd Gaffar Akram Akkas Al Bahri, Ulil Azmi Amiruddin Asyrul Fikri Firman H. Mahmuddin Hannani Hannani M. Nasri Hamang Muh Akib Muh Ishar Muhammad Ali Rusdi Bedong Muhammad Qadaruddin Muhammad Sabir Mukhtar Yunus Mulki Sahnur Rahmawati Rukiah Rusdaya Basri, Rusdaya Saidah Saripuddin Sikra Soalehuddin Suarning Sudirman Sudirman L Suhera Sumiati Ulfa Zainal Said