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Engineering (Hilah) Of Guardians For Child Marriage Of Admiral From an Islamic Law Perspective Luki, Muhsin; Madyan, Syamsu; Rodafi, Dzulfikar
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2372

The adulterous child marriage that occurred in Sreseh District, Sampang presents a dilemma between normative rules that require a guardian judge and the practice of engineering marriage guardians for social interests, so this empirical legal research through literature study, interviews, observations, and documentation examines the hilah pattern, motivation, impact, and Islamic legal review. Thus, four patterns were identified: taukil biological father to guardian judge, contract in a closed place that was then announced, double contract by biological father and guardian judge, and unregistered marriage with taqlid Hanafi school or walimuhakkam. Engineering is driven by the desire to cover up shame, maintain social conduciveness, prevent the annulment of the marriage by the groom, and guarantee the validity of the contract, but has an impact on reducing household harmony to divorce. From the fiqh perspective, a marriage remains valid because the contract is ratified by a judge or by the school of thought followed, while the validity of manipulation depends on the harm: it is permitted if it prevents disturbances or anarchy, but is forbidden if it is solely for the benefit of the bride's family so that the marriage is not considered.

The Taking and Use of Dowry by the Bride's Parents: A Sociological and Islamic Legal Perspective Muhsin, Adam; Rodafi, Dzulfikar; Madyan, Syamsu
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2374

One form of Islamic respect for women is the provision of a dowry, which is the wife's full property. Essentially, the dowry is an absolute right of the wife. However, in Padurungan Tanah Merah Village, Bangkalan, a predominantly Muslim village, a tradition still exists where the bride's parents take the gift in the form of money and may not use it for the wife. This prompted researchers to examine this issue in more depth using a juridical-empirical approach and qualitative methods using interviews, observation, and documentation. The results of the study revealed three patterns of dowry use by parents: it is considered the full right of the parents, it is distributed to unmarried relatives, or it is used to cover wedding expenses. Sociologically, this practice is motivated by the belief that it is taboo for the bride to use the dowry, although this tradition has no basis and tends to be superstitious (tathoyur). Under Islamic law, this act constitutes the taking of another person's property, which requires the wife's consent (thibi nafsi).

The Concept of Madurese Customary Inheritance from the Perspective of Anthropology and Islamic Law Masduki, Masduki; Rodafi, Dzulfikar; Madyan, Syamsu
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2384

The Pakaan Dajah Village community in Madura has a tradition of inheritance distribution that deviates from the faraid system of Islamic law. In other words, this village has an inheritance distribution system that does not conform to the distribution of inheritance as outlined in Islamic law. This study examines the implementation of customary inheritance from the perspective of legal anthropology and Islamic law using a juridical-empirical and juridical-sociological approach through qualitative methods. Data were collected through literature studies, interviews, observations, and documentation. The results show that inheritance distribution is carried out in two ways: during the testator's lifetime through a gift or will, and after the testator's death through deliberation and consensus among the heirs. This tradition tends to divide assets equally without distinction of gender, because men and women are considered to have equal value and roles in the family. This tradition is considered fairer and minimizes conflict, and is deeply rooted in society. Contextually, this inheritance practice can be justified because it is in line with the principle of deliberation and consensus in Islam and can be categorized as takharuj in Hanafi jurisprudence, although under certain conditions, the distribution can still be returned to the faroid system.

Engineering (Hilah) Of Guardians For Child Marriage Of Admiral From an Islamic Law Perspective Luki, Muhsin; Madyan, Syamsu; Rodafi, Dzulfikar
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2372

The adulterous child marriage that occurred in Sreseh District, Sampang presents a dilemma between normative rules that require a guardian judge and the practice of engineering marriage guardians for social interests, so this empirical legal research through literature study, interviews, observations, and documentation examines the hilah pattern, motivation, impact, and Islamic legal review. Thus, four patterns were identified: taukil biological father to guardian judge, contract in a closed place that was then announced, double contract by biological father and guardian judge, and unregistered marriage with taqlid Hanafi school or walimuhakkam. Engineering is driven by the desire to cover up shame, maintain social conduciveness, prevent the annulment of the marriage by the groom, and guarantee the validity of the contract, but has an impact on reducing household harmony to divorce. From the fiqh perspective, a marriage remains valid because the contract is ratified by a judge or by the school of thought followed, while the validity of manipulation depends on the harm: it is permitted if it prevents disturbances or anarchy, but is forbidden if it is solely for the benefit of the bride's family so that the marriage is not considered.

The Taking and Use of Dowry by the Bride's Parents: A Sociological and Islamic Legal Perspective Muhsin, Adam; Rodafi, Dzulfikar; Madyan, Syamsu
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2374

One form of Islamic respect for women is the provision of a dowry, which is the wife's full property. Essentially, the dowry is an absolute right of the wife. However, in Padurungan Tanah Merah Village, Bangkalan, a predominantly Muslim village, a tradition still exists where the bride's parents take the gift in the form of money and may not use it for the wife. This prompted researchers to examine this issue in more depth using a juridical-empirical approach and qualitative methods using interviews, observation, and documentation. The results of the study revealed three patterns of dowry use by parents: it is considered the full right of the parents, it is distributed to unmarried relatives, or it is used to cover wedding expenses. Sociologically, this practice is motivated by the belief that it is taboo for the bride to use the dowry, although this tradition has no basis and tends to be superstitious (tathoyur). Under Islamic law, this act constitutes the taking of another person's property, which requires the wife's consent (thibi nafsi).

The Concept of Madurese Customary Inheritance from the Perspective of Anthropology and Islamic Law Masduki, Masduki; Rodafi, Dzulfikar; Madyan, Syamsu
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2384

The Pakaan Dajah Village community in Madura has a tradition of inheritance distribution that deviates from the faraid system of Islamic law. In other words, this village has an inheritance distribution system that does not conform to the distribution of inheritance as outlined in Islamic law. This study examines the implementation of customary inheritance from the perspective of legal anthropology and Islamic law using a juridical-empirical and juridical-sociological approach through qualitative methods. Data were collected through literature studies, interviews, observations, and documentation. The results show that inheritance distribution is carried out in two ways: during the testator's lifetime through a gift or will, and after the testator's death through deliberation and consensus among the heirs. This tradition tends to divide assets equally without distinction of gender, because men and women are considered to have equal value and roles in the family. This tradition is considered fairer and minimizes conflict, and is deeply rooted in society. Contextually, this inheritance practice can be justified because it is in line with the principle of deliberation and consensus in Islam and can be categorized as takharuj in Hanafi jurisprudence, although under certain conditions, the distribution can still be returned to the faroid system.

The Obligation to Provide Iddah Maintenance in Article 152 of the Compilation of Islamic Law Rosihin, Rosihin; Madyan, Syamsu; Hasan, Nur
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2429

As stipulated in Islam, marital responsibilities will remain even after the marriage ends. Therefore, the term "maintenance" is known. The provision of maintenance is divided into two types: maintenance provided within marriage and maintenance provided outside of marriage. One type of maintenance provided outside of marriage is the iddah maintenance, which is the mandatory maintenance provided to the wife during her iddah period. However, its implementation deviates from the rules. The purpose of this study is to confirm the obligation of iddah maintenance for husbands. This type of research is an empirical juridical study with a case study approach. The research technique was conducted through observation and interviews with informants in Demangan Village, Bangkalan, using descriptive qualitative analysis techniques. Analyzing the applicable regulations, it is clear that the provisions of maintenance are well-regulated. However, in reality, many residents of Demangan Village deviate and refuse to fulfill their maintenance obligations. This study contributes to strengthening the sense of responsibility of providing iddah maintenance for husbands to their ex-wives during the iddah period of divorce

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