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All Journal Risâlah, Jurnal Pendidikan dan Studi Islam Jurnal Ilmiah Al-Syir'ah
Marzuki Marzuki
Universitas Islam Negeri Datokarama Palu
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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JUDGE CONSIDERATIONS IN ACCEPTING UNDERAGE MARRIAGE APPLICATIONS IN LUWUK RELIGIOUS COURT N. A. Sustiono; Marzuki Marzuki; Sidik Sidik
Risalah, Jurnal Pendidikan dan Studi Islam Vol. 8 No. 1 (2022): Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Wiralodra Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/jurnal_risalah.v8i1.246

Abstract

This paper aims to explore the judge consideration to accept underage marriage aplication in Luwuk Religious Court. This reseach was qualitative approach. The result showed that Judges' considerations in giving marriage dispensation decisions to minors have several impacts, namely positive impacts which can avoid promiscuity, prevent a relationship, and learn to be responsible. The negative impact of dropping out of school, psychological and health impacts. In the Maslahah Perspective on Judges' Considerations in Giving Underage Marriage Dispensaation Decisions regarding the determination by judges in cases, it is in accordance with maslahah, especially in the context of maintaining, because it can avoid promiscuity and can realize legal goals, especially in the context of maintaining offspring.
Reconciling Customary Debt and Islamic Economic Law: A Legal-Anthropological Study of Mappajalang Dowi' in Tolitoli, Indonesia M. Taufan B.; Marzuki Marzuki; Nasaruddin Nasaruddin; Amiruddin Amrullah
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3776

Abstract

This article analyzes mappajalang dowi', a harvest-linked debt practice among Bugis farmers in Puse, Tolitoli, through a legal-anthropological lens that connects Islamic legal doctrine with community practice. Limited access to salaried employment and formal financial services sustains villagers' dependence on pre-harvest borrowing, with repayment due after the harvest season. Based on a qualitative case study employing observation, in-depth interviews, and document analysis, this research reconstructs the contractual structure of the practice, particularly ijab–kabul, mutual expectations, and the proportional ziyādah (increase) that may rise when repayment is delayed. A normative assessment grounded in classical Islamic jurisprudence covering benevolent lending (qardh al-hasan), gratuitous transactions (tabarru'), and unlawful gain (riba), as well as contemporary Indonesian Sharia economic regulations and fatwas, shows that the pre-agreed ziyādah converts the arrangement into a benefit-bearing loan and therefore constitutes indicators of riba. To maintain both Sharia compliance and rural social solidarity, the study proposes alternatives such as genuine benevolent lending with explicit anti-promise clauses, the use of sale-based contracts like salam and murābahah for agricultural inputs, and the establishment of community tabarru' funds. The study presents a context-sensitive framework for enhancing Islamic economic practices in agrarian smallholder contexts.
Co-Authors Amiruddin Amrullah M. Taufan B. N. A. Sustiono Nasaruddin Nasaruddin Sidik Sidik