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Journal : Tasyri'

Dinamika Penyelesaian Permasalahan Wali Adhal: Studi Kasus Peran Kepala Kantor Urusan Agama di Kabupaten Sukoharjo Wahyono, Tri; Wibowo, Muhammad Kurniawan Budi; Baehaqi, Baehaqi
Tasyri' : Journal of Islamic Law Vol. 2 No. 2 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i2.84

Abstract

Marriages with adhal guardians still often occur in society, even though for prospective brides marriage guardians are a requirement for a valid marriage. However, in reality, in society there are still frequent marriage guardians who refuse or are reluctant to marry off their daughters for various reasons that are not acceptable according to Islamic law and the applicable laws and regulations. This research is a qualitative descriptive study aimed at getting an overview of the problems regarding marriage to an adhal guardian and the role of the KUA in resolving marriages with an adhal guardian in the Sukoharjo Regency area. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis. The results of this study drew the conclusion that the problem of the adhal guardian occurred at the KUA in the Sukoharjo Regency where from the incident of the adhal guardian's marriage where the bride-to-be who did not get the blessing or marriage guardian refused to become a marriage guardian for various reasons that were not legally acceptable,   the steps taken taken by the prospective bride and groom is by submitting a guardian judge to the Sukoharjo District Religious Court, so that the local KUA has the right to carry out the marriage and become the guardian judge for the prospective bride and groom in each sub-district. The role of the Head of KUA in the Sukoharjo Regency area in solving the problem of wali adhal basically is that the Office of Religious Affairs (KUA) only has the authority to carry out tasks according to what is stated in the Regulation of the Minister of Religion (PMA), where the Office of Religious Affairs (KUA) only plays a role in bridging the community in solving a problem including in overcoming the problem of marriage with the guardian adhal
Efektifitas Penerapan Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan di Kantor Urusan Agama Kecamatan Bendosari Kabupaten Sukoharjo Supriyanto, Supriyanto; Budi Wibowo, Muhammad Kurniawan; Baehaqi, Baehaqi
Tasyri' : Journal of Islamic Law Vol. 3 No. 1 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i1.105

Abstract

Marriage is a way for creatures to preserve life, after each partner is ready to play a positive role in realizing the goal of marriage. Phenomena related to the age limit for marriage in Indonesia are still an interesting matter to study, bearing in mind that legal regulations regarding marriage (Law No. 1 of 1974 which was renewed by Law No. 16 of 2019) are still not effective in preventing marriage under age (early marriage). This study aims to analyze the effectiveness of applying Law Number 16 of 2019 in controlling underage marriages and the factors that influence the effectiveness of implementing Law Number 16 of 2019 in controlling underage marriages.This research is a qualitative descriptive research aimed at getting an overview of the effectiveness and factors that influence the effectiveness of the application of Law Number 16 of 2019 in controlling underage marriages. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis.The results of this study draw the conclusion that the application of Law Number 16 of 2019 concerning Marriage has been effective in controlling early marriage in the KUA area of Bendosari Sukoharjo Sub-District which has been proven to be able to reduce the incidence of early marriage which was originally an average of 11 events per year to an average of 5 incidents per year, and the effectiveness of the application of Law Number 16 of 2019 Concerning Marriage in controlling early marriage in the KUA area of Bendosari Sukoharjo District is influenced by several factors such as the legal factor of the law itself, the factor of law enforcement agencies or the parties involved, the facility factor (facilities and infrastructure supporting law enforcement), cultural factors and community factors
Interfaith Marriage in Contemporary Islamic Family Law: Analysis of 2005 Indonesian Ulama Council (MUI) Fatwa Number 4 about Interfaith Marriage based on the Theory of Al-Maslahah Al-Mursalah Burhanudin, M.; Budi Wibowo, Muhammad Kurniawan; Pradana, Aditya Fajri Kurnia
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.262

Abstract

Purpose – This study aims to investigate the Fatwa of the 2005 Indonesian Ulama Council (MUI) Number 4 on interfaith marriage, which is based on al-Maslahah al-Mursalah theory, and determine its relevance and contribution to community well-being. This study will investigate how the Indonesian Ulama Council (MUI) sees interfaith marriage and how this fatwa can help achieve benefits while avoiding harm in national life. Methods – This study employs library research methods with a normative approach, with literature data serving as the primary source. In this case, the study focuses on the Indonesian Ulama Council (MUI) Fatwa No. 4 of 2005 on Interfaith Marriages, which is based on the al-Maslahah al-Mursalah theory. Findings – The findings of this study indicate that MUI strictly prohibits interfaith marriage because can destroying faith, social cohesion and family harmony. Several scholar such as Hamka, Quraish Shihab and Musdah Mulia have diverse opinions about interfaith marriages, reflects wider debates regarding modernity in the context of Islamic Law. This research confirms the relevance of fatwas in dealing with contemporary issues while maintaining religious principles and societal dynamics. Research limitation – This research is limited to a normative study regarding the MUI fatwa on interfaith marriage and the role of this fatwa in maintaining public welfare. Given these limitations, future research is expected to expand on the findings of this study by employing an empirical approach that integrates other sciences.