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All Journal Maqasid: Jurnal Studi Hukum Islam
Masduqi, Ahmad
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(519/Pdt.P/2018/PA.Sby):نظر القضاة في رخصة النكاح المبكر (دراسة تحليلية عن قرار المحكمة الدينية سورابايا رقم Wahyudi, Agus; Mulyono, Mulyono; Masduqi, Ahmad
MAQASID Vol 9 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.946 KB) | DOI: 10.30651/mqsd.v9i1.6551

Abstract

ABSTRACT            In Indonesia, age is one of the requirements for someone who wants to get married. The existence of the law on marriage age restrictions is for the benefit of family and marriage as regulated in article 7 paragraph 1 of Law No.1 of 1974 that in marriage the bride must be 19 years old and the bride must be 16 years old If this is not fulfilled, the marriage dispensation provided by the Religious Courts must be used. In the Decision of the Surabaya Religious Court number (519/ Pdt.P/2018/PA.Sby) the judge granted the petition of the petitioner, namely giving a dispensation to the applicant's child who had not yet been sentenced to age for marriage. As for this study to determine the judge's consideration of early marriage dispensation based on the Decision of the Surabaya Religious Court number (519/Pdt.P/2018/PA.Sby) and to find out the decision in the perspective of Islamic law.            The method used by the authors in this study is a qualitative or empirical method with documentation data collection techniques which are then analyzed to obta           in conclusions            From the results of the research conducted it can be concluded that, the judge's consideration in deciding the case (519/Pdt.P/2018/PA.Sby) first though the applicant's child had not reached the age of 19 years as stipulated in law number 1 of 1974 but the applicant's child showed his ability to get married then in order to prevent the judge from being obedient, he granted the petitioner's request by providing a marriage dispensation. Both court rulings are in accordance with Islamic law because the Shari'a do not provide a certain age limit for marriage.Keywords: Judge Considerations, Marriage, Early Marriage Dispensation
(العادةيووانجعانتينفينظرالأحكامالشريعةالإسلامية (دراسةميدانية :حولالمجتمعكاجيجانجإسلامبوعايةكاعينباباندامكارانجاسامبالي Khalid, Idham; Anshori, Isa; Masduqi, Ahmad
MAQASID Vol 9 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (590.49 KB) | DOI: 10.30651/mqsd.v9i1.6554

Abstract

ABSTRACTIn the Balinese community, especially the people in the Kecicang Islam Village of Bungaya Village Kangin Bebandem Karangasem, there is a tradition in the marriage process called "Nyuang Nganten". This tradition one day before the contract of the prospective bridegroom brings the prospective bride to his residence at night. In this tradition, the bride and groom are picked up by the bridegroom's relatives and accompanied by the community while in this tradition the bridegroom's family brings something like betel leaves, sugar, prestige, coffee, tobacco and others.From the background of the problem, the writer formulates the problem into 2 questions, namely 1) How is the Nyuang Nganten tradition in the Islamic village of Kecicang? 2) What are the views of scholars and community leaders about the Nyuang Nganten tradition ?. This research is a field research using qualitative-descriptive method. The method used for data collection is by observation, interview, and documentation.The conclusion of this research is that the Nyuang Nganten tradition of the Kecicang Islam village of Bungaya Kangin Village is a hereditary heritage of ancestors so that it still exists. This custom is a prerequisite before holding a marriage in Kampung Kecicang Islam.  In the procession before the wedding there are several meetings required to bring up to smoothen the marriage. According to as community and religious leaders, the Nyuang Nganten custom is a necessity in marriage in the Kampung Kecicang Islam community and even if this custom is not implemented, we are not considered as respecting the custom and violate local regulations and this affects the psychological family. The views of scholars and community leaders in Kampung Kecicang Islam believe that the Nyuang Nganten custom does not violate Islamic law. In fact, this tradition may be worked on and/or abandoned.Keywords: Tradition, Nyuang Nganten, Islamic Law
(حكم مال فيسوكى في عملية الزواج العرفي (دراسة ميدانية، مقارنة بين أراء عظماء العادة وعلماء ساساك في قرية أيك داريك لومبوك الوسطى نوسا تنجرا الغربية Banani, Naoval; Wahab, Abdul; Masduqi, Ahmad
MAQASID Vol 9 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.285 KB) | DOI: 10.30651/mqsd.v9i1.6555

Abstract

ABSTRACTThis research was a study of a custom named Pisuke property located on the island of Lombok, the custom is about customary marriage process, and the Pisuke is a gift from the bridegroom in the form of a number of property such as money, rice fields, or animals for the guardian of the bride so that the custom could accept the marriage, it was a gratitude to the bride's guardian who has been taking care and giving her daughter a living since childhood, even though it forces the bridegroom.So, the researcher examined the views of traditional leaders and sasak religious leader in Aiq Darek about the custom, and the purpose of this study are: first, to find out their views, second, to find out the comparison between their views about the Pisuke property law.The method used by the author in this study was a qualitative or empirical method with the data collection techniques such as observation, interview, and documentation, then analyzed it to get conclusions.The conclusions of this study: first, the opinion between the traditional leaders and religious leader of Sasak in Aiq Darek about the Pisuke custom was vary on customary law. secondly, from the their opinion comparison, the custom contained elements of benefit and disadvantage, and the custom must be in line with the Shari'a. Keywords: Pisuke Property, Custom, Marriage
Co-Authors Abdul Wahab Agus Wahyudi Banani, Naoval Isa Anshori Mulyono Mulyono Sembiring, Rinawati