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Legal Analysis of The Ideal Age of Marriage in Maintaining Marriage Is Reviewed from The Opinions of Psychologists and Scholars Fuad Hariri; Zainal Arifin Purba
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10239.44-51

This study examines the ideal marriage age in relation to maintaining marriage by examining the opinions of academics and psychologists. This research explores the limitations of the ideal marriage age, determinants of divorce at that age, and how the marriage age has been affected by the birth of Law No. 16 of 2019 and the opinions of psychologists and academics. It employs a qualitative technique with a case study approach. There are still a lot of divorces, according to the results, even if the legal marriage age is now 19 years old. The high divorce rate is due in part to people not being emotionally and financially prepared for marriage or not realizing its ultimate purpose. A spouse's emotional and spiritual maturity, rather than their chronological age, is the most important factor in a healthy marriage, according to psychologists and academics. As a means of prevention, they also advise having a comprehensive pre-nikah bimbingan and mental health education. The research indicates that society is not the only factor contributing to the success of marriage, including mental, spiritual, and understanding aspects that are related to marriage goals that are crucial.

Aktivitas Peran Mahasiswa dalam Meningkatkan Pendidikan di Nagori Purbasari Purba, Zainal Arifin; Walid, Muhammad; Ningsih, Devi Fitriya; Aprilla, Vanya
Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol 6 No 2 (2024): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Research and Strategic Studies Center (Pusat Riset dan Kajian Strategis) Fakultas Syariah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v6i2.5222

In an effort to make the nation's life more intelligent, one of the activities that KKN students need to carry out is activities in the field of education. KKN students are expected to be able to develop various community service activity programs, one of which also touches on educational aspects. One of the locations chosen was Purbasari Village, Tapian Dolok District, Simalungun Regency as a KKN location. Judging from the type of information, the research approach used in this research is a qualitative approach. This research shows that the KKN-32 group plays a good and influential role for village communities and for educational institutions in the village in improving children's education in the village and empowering the community. In this case, the KKN-32 group in Purbasari Village, Tapian Dolok District, Simalungun Regency has a good role in helping the community and village educational institutions in improving education.

Aktivitas Peran Mahasiswa dalam Meningkatkan Pendidikan di Nagori Purbasari Purba, Zainal Arifin; Walid, Muhammad; Ningsih, Devi Fitriya; Aprilla, Vanya
Reslaj : Religion Education Social Laa Roiba Journal Vol 6 No 2 (2024): Reslaj: Religion Education Social Laa Roiba Journal
Publisher : LPPM Institut Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i2.5223

In an effort to make the nation's life more intelligent, one of the activities that KKN students need to carry out is activities in the field of education. KKN students are expected to be able to develop various community service activity programs, one of which also touches on educational aspects. One of the locations chosen was Purbasari Village, Tapian Dolok District, Simalungun Regency as a KKN location. Judging from the type of information, the research approach used in this research is a qualitative approach. This research shows that the KKN-32 group plays a good and influential role for village communities and for educational institutions in the village in improving children's education in the village and empowering the community. In this case, the KKN-32 group in Purbasari Village, Tapian Dolok District, Simalungun Regency has a good role in helping the community and village educational institutions in improving education.

TINJAUAN ‘URF TERHADAP PRAKTIK MALANGKAHI DALAM PERKAWINAN ADAT MANDAILING (Studi Kasus Di Desa Mampang, Kec. Kotapinang, Kab. Labuhanbatu Selatan) Fikri Alwi Nasution; Zainal Arifin Purba
JAS : Jurnal Ahwal Syakhshiyyah Vol 7 No 1 (2025): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v7i1.23417

This study aims to examine the practice of malangkahi custom in Mandailing community marriage in Mampang Village, which is a tradition that prohibits younger siblings from marrying before their older siblings. This research uses a qualitative method with an empirical juridical approach through interviews with traditional leaders and the local community. The results show that the practice of malangkahi is still strongly applied with consequences in the form of fines or step wages (upa lakka) that must be paid to the stepped brother. The amount of the fine has no definite limit and is determined by the stepped party, usually in the form of cash, traditional cloth, and jewelry. This practice causes various negative impacts such as delayed marriage, elopement (marlojong), and pregnancy outside of marriage due to the inability to fulfill customary requirements. From the perspective of Islamic law, there is no explicit prohibition in the Qur'an or Hadith for younger siblings to marry before their elders. In conclusion, the malangkahi custom is divided into two categories: 'urf fasid' if its implementation causes harm that contradicts the principles of Islamic law and 'urf sahih' if its implementation meets the criteria of justice and the benefits of Islamic law. Kata kunci: urf, marriage, mandailing. Penelitian ini bertujuan untuk mengkaji praktik adat malangkahi dalam pernikahan masyarakat Mandailing di Desa Mampang, yaitu sebuah tradisi yang melarang adik menikah mendahului kakaknya. Penelitiaan ini menggunakan metode kualitatif dengan pendekatan yuridis empiris melalui wawancara dengan tokoh adat dan masyarakat setempat. Hasil penelitian menunjukkan bahwa praktik malangkahi masih kuat diterapkan dengan konsekuensi berupa denda atau upah langkah (upa lakka) yang harus dibayarkan kepada kakak yang dilangkahi. Besaran denda tidak memiliki batasan pasti dan ditentukan oleh pihak yang dilangkahi, biasanya berupa uang tunai, kain adat, dan perhiasan. Praktik ini menimbulkan berbagai dampak negatif seperti tertundanya pernikahan, kawin lari (marlojong), hingga kehamilan di luar nikah karena ketidakmampuan memenuhi persyaratan adat. Ditinjau dari perspektif hukum Islam, tidak ada larangan eksplisit dalam Al-Qur'an maupun Hadis bagi adik untuk menikah mendahului yang lebih tua. Kesimpulannya, adat malangkahi terbagi kedalam dua kategori yaitu urf fasid jika pelaksanaannya menimbulkan kemudharatan (bahaya) yang bertentangan dengan prinsip syariat Islam dan ‘urf sahih jika pelaksanaannya memenuhi kriteria keadilan dan kemaslahatan syariat. Keywords: ‘urf, nikah, mandailing

The Law of Adoption of a Child in the Womb and Its Status Panjaitan, Rizky Syahputra Azhar; Purba, Zainal Arifin
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i1.11339

There is a significant lack of research that specifically addresses the legal and social implications of adopting children while they are still in the womb, particularly within the intersection of Islamic Law, positive Law, and local customs in Indonesia. This study explores the Law of adoption of children in the womb and their status. Researchers conducted research in the Sei Merbau District, where there is a phenomenon of adoption of children in the womb in several communities. The method used in this study is a qualitative method using an interview approach with the research respondents. The findings of this study are that there has been adoption and change in the status of children in the womb in Sei Merbau District, Tanjungbalai. In the analysis of Islamic Law, inconsistencies were found, where the adoptive parents mixed up the nasab by using their names as the biological parents of the adopted child. This activity is prohibited because it can change the Law from the adoption of a child who was originally “mubah” to “haram” due to the emphasis on the integrity of nasab. Meanwhile, in Positive Law, it was found that the adoption process did not go through a valid court and that there was an unauthorised change in civil status documents. This research highlights the urgent need for a clear and integrated legal framework to regulate the adoption of unborn children, ensuring the protection of the child’s rights and the consistency of legal practices with religious and national laws. This study reveals legal loopholes in the adoption of children in the womb and the importance of integrating Islamic law, positive law, and customary law in Indonesia.Keywords: Adoption, Status, Islamic Law, Positive Law

Cryptocurrency Analysis Used as Marriage Dowry Based on the Views of Ulama in Asahan Regency Ahmad Zakaria Hasibuan; Zainal Arifin Purba
al-Afkar, Journal For Islamic Studies Vol. 8 No. 3 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i3.2327

This study aims to analyze the use of cryptocurrency as a dowry in a marriage contract based on the views of scholars in Asahan Regency. Cryptocurrency, as a form of digital currency that has no physical form and is not controlled by the state financial authority, has triggered a debate in the perspective of Islamic law, especially when used as a dowry which is an important pillar in the marriage contract. This research uses an empirical method with a qualitative approach. Data were obtained through in-depth interviews with scholars from various Islamic organizations in Asahan Regency, such as the local Indonesian Ulema Council (MUI), leaders of Islamic boarding schools, and other religious leaders. The results showed that the majority of scholars in Asahan Regency rejected the validity of cryptocurrency as a marriage dowry. The main reasons are the uncertainty of value (gharar), very high price fluctuations, and its uncertain legal status both in the state and sharia. Some scholars categorize it as a speculative tool and close to the elements of maisir (gambling), so it does not meet the requirements of assets that can be used as dowry according to Islamic law. However, there is a minority of views that are tolerant with a note: the cryptocurrency must be able to be measured in value clearly, mutually agreed upon, and does not contain elements of fraud. This study concludes that the aspects of clarity of value, usefulness, and legality are the main indicators of the scholars' assessment in determining the validity of an object as a dowry. Therefore, there is a need for a firmer and more uniform fatwa from religious authorities to provide legal and sharia certainty to the community.

Discrepancies Between Legal Norms and the Practice of Appointing ‘Wali Hakim’ for Legally Recognized Children at Medan Tembung Religious Affairs Office Harahap, Rahmat Hakim; Purba, Zainal Arifin
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study investigates the legal foundations and challenges surrounding the appointment of a judge guardian (wali hakim) in the marriage of children deemed legitimate under the Compilation of Islamic Law (KHI), with a particular focus on cases involving children born from adulterous relationships. Employing a juridical-normative methodology, the research combines literature review and regulatory content analysis with empirical data obtained through interviews to assess implementation at the Office of Religious Affairs (KUA). The findings reveal interpretive ambiguities in Articles 99 and 100 of the KHI, which have led to discretionary practices by KUA officials who appoint judge guardians even when the child fulfills the legal criteria of legitimacy. This inconsistency between normative law and administrative application results in legal uncertainty and underscores the need for regulatory reform concerning guardianship in cases involving children of illicit conception. The study contributes to the scholarly discourse by critically analyzing these legal gaps and proposing measures to reinforce legal certainty and civil protections for children in marriage. It advocates for a reformulation of KHI norms grounded in the principle of maslahah to ensure justice, clarity, and the protection of children’s rights in Islamic family law practices.

Marriage Annulment Petitions by KUA Officials: An Analysis from Islamic and Positive Law Perspectives Fatimah, Fatimah; Purba, Zainal Arifin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10696

The practice of marriage annulment petitions filed by KUA (Religious Affairs Office) officials, who were previously responsible for issuing the marriage certificate, raises complex legal and ethical issues. These include questions regarding administrative validity and the professional accountability of the marriage registrar (PPN). This study analyzes the submission of marriage annulment petitions by KUA officials from the perspectives of Islamic law and positive law in Indonesia, concerning Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). Employing a qualitative normative approach, data were collected through a literature review of statutory regulations, classical and contemporary fiqh sources, court decisions, and expert opinions. The findings reveal discrepancies between administrative practices at KUA and the legal standards, particularly in the verification of documents and the legal status of prospective spouses. Common causes of annulments include identity fraud, unlawful polygamy, and administrative errors. From the standpoint of maqashid shari'ah, such annulment actions may be justified to uphold the rights of spouses and their offspring, and to prevent harm resulting from invalid marriages. This research proposes an integrative approach combining Islamic legal principles and national law, and emphasizes the need to strengthen institutional procedures and legal literacy within KUA to ensure the integrity of the marriage system in Indonesia.

Putusan Hatobangon Tentang Sanksi Ingkar Janji untuk Menikah Perspektif ‘Urf (Studi Kasus di Desa Pasar Simundol Kec. Dolok Sigompulon) Aritonang, Siti Aisah; Purba, Zainal Arifin
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1095

Hatobangon in the Mandailing region is called natoras, meaning the core figures in the community who are appointed by several people in each huta. Hatobangon acts as an advisor concerned with matters of Batak customary life. The focus of this research leads to how the hatobangon pattern in establishing the sanction of breaking a promise to marry as a new case and the review of Islamic law regarding the sanction. This research was conducted based on field research, data needed in the community environment and emphasized the results of data collection from informants. To understand this research, the author uses a conceptual approach, namely the concept of hatobangon in determining sanctions and their conformity with Islamic law, then examining the case (case approach). The sanction of denial of jani in a customary manner (custom) that applies in community life as long as it does not contradict the teachings and rules of Islam, then the custom is permissible. The position of customary law ('urf) according to the provisions of Islamic fiqh, is allowed which is shahih or al-'adah ashahihah, i.e. 'urf which does not contradict Islamic law. The problem of custom, in fiqh analysis is related to the concept of benefit (maslahah mursalah). Benefits that are common and may not yet apply, even things that will be enforced. Regarding al-a'dah ashahihah this gives rise to the rule of "al-'adatu muhakkamah" (Customs can be made law). Adat is one of the elements considered in establishing a law, the appreciation of Islamic law for adat is a breakthrough for customary law which becomes law recognized by Islamic law. The establishment of sanctions for breaking promises to marry in Pasar Simundol village is a new breakthrough to educate local youths to love themselves more and maintain a more positive social quality. It is hoped that in the future Hatobangon or the local community will propose and set a fixed nominal sanction so that there will be no objections to one particular party, and there will be no comparison between one case and another in the future to achieve welfare and peace in the lives of the people in Pasar Simundol village.

Inheritance of Different Religions from the Perspective of Shaykh Yusuf Al-Qaradhawi Hutagaol, Khairul Hasbi; Purba, Zainal Arifin
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.35236

The provisions of inheritance in Islam are very clear, the provisions of the prohibition of inheritance between Muslims and non-Muslims have been agreed upon by classical jurists. The purpose of this study is to determine the Inheritance of Different Religions in the Perspective of Yusuf Al-Qaradhawi. This research uses descriptive analysis method. This type of research is qualitative then analysed normative juridical, namely by looking for the legal basis and regulations, by analysing the Supreme Court Decision Number 16K / AG / 2010, and Yusuf Al-Qardhawi's opinion in the book Fatwa Ma'ashira. problems that occur in families where the husband leaves an heir, namely a wife who is of a different religion from him, one of the obstacles for the heir to get his rights is due to different religious factors. The results of the study explain that according to Yusuf Al-Qaradhawi, inheritance of different religions can be given to heirs of different religions without the term mandatory will as has been determined by the Supreme Court decision Number: 16K / AG / 2010 related to the opinion of Yusuf Al-Qaradhawi about inheritance of different religions is supported by Ibn Taymiyyah.

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