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All Journal Quru’: Journal of Family Law and Culture Jurnal Hukum Islam
Ali Geno Berutu
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Qanun Aceh Nomor 14 Tahun 2003 Tentang Khalwat (Mesum) (Studi Kasus Penerapan Syariat Islam di Kota Subulussalam) Ali Geno Berutu
Jurnal Hukum Islam Vol 15 No 2 (2017)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v15i2.763

Abstract

This paper discusses the implementation of Aceh’s Qanun (the regional law) Number 14 of 2003 on khalwat (mesum/adultery) in Subulussalam city. The current study aims to explain the strategies to deal with the cases of khlawat in Aceh. It was field and library research by carrying out qualitative method and socio-legal-historic approach. The research findings reveal that the cases of khlawat could be solved through the pivotal roles of the local customary court (Mahkamah Adat) and Islamic court (Mahkamah Syar’iyah). The roles arose an uncertainty in handling the cases, particularly for the law enforcement agencies (WH, police officers, prosecutors, and the Mahkamah Syar’iyah). Additionally, the Acehnese Qanun Number 9 of 2008 on the preservation of customary law has explicitly established the problem-solving of lawsuit and its mechanism in an exclusive chapter. The Article 13 Section 1 in this Qanun asserts that the types of lawsuit/dispute of local customs consist of 18 issues. Khalwat is one of the involved issues, and the Mahkamah Adat is the authorized party concerning the issue.
Matchmaking in Sunan Giri Salatiga Islamic Boarding School: A Review of J.S. Mill's Utilitarianism Muhammad Ova Lutfi Badrul Huda; Ali Geno Berutu
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.197

Abstract

This article analyses the concept of utilitarianism proposed by J.S. Mill and its application in the context of arranged marriages at Sunan Giri Islamic Boarding School in Salatiga. Furthermore, the purpose of this research is to analyse an arranged marriage that occurs in an Islamic boarding school using the theory of utilitarianism presented by J.S. Mill.  The research applied is field research with a qualitative method that is descriptive analytical, and uses a phenomenological approach using J.S Mill's theory. Data was collected through interviews conducted with the parties involved both online and offline, which in this case is the Kiai of the pesantren or Abah Rikul and senior students and students who have been successfully matched. It was found that in terms of the causes and effects of matchmaking that occurred in line with the ultimate goal to be achieved by utilitarianism. The results showed that the arranged marriage that occurred at Pondok Sunan Giri was actually to maintain the principles of utilitarianism, namely as follows: a) In the aspect of usefulness that arranged marriages are actually to maintain the dignity of the santri themselves. b) Then in the aspect of justice, that arranged marriages that occur at the cottage are democratic in which the final decision holder is fully in the approval of the prospective bride and groom, c) Then then there are individual interests. As a basic capital, to serve in the community, d) Then the last is the public interest. In this case it is contained in the purpose of matchmaking where according to Abah Rikul the matchmaking must be able to have a positive effect on the benefit of as many people as possible.
Co-Authors Muhammad Ova Lutfi Badrul Huda