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Compromising Paradigm in the Dialectic of Islamic Civil Law and Customary Law in Central Kalimantan Ariyadi, Ariyadi; Tanjung, Ardi Akbar; Dlaifurrahman, Muhammad; Susilo, Adib
TATHO: International Journal of Islamic Thought and Sciences Volume 2, Issue 4 (2025)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v2i4.146

Abstract

This study aims to describe Islamic family law, Sharia economic law, and customary law in marriage and inheritance practices in Central Kalimantan. This study uses a descriptive qualitative approach with literature studies and normative-sociological studies. The research data sources consist of legislation, the Compilation of Islamic Law (KHI), Islamic economic law literature, and Dayak and Malay customary law documents. Data analysis is interpretative. The results of the study show that the three legal systems interact dynamically. In marriage, Islamic law emphasizes the pillars and requirements of sharia. Meanwhile, Dayak customs add rituals and marriage expenses. This integration becomes both religious and social legitimacy. In inheritance, Islamic law rigidly regulates distribution according to the Qur'an. Meanwhile, customary law emphasizes deliberation and equality. In this context, Sharia economic law provides room for grants or wills. This study emphasizes that the practice of Islamic civil law in Indonesia can be dynamic and contextual even in the midst of existing social, cultural, and state norms.  
POLITIK HUKUM PERADILAN AGAMA DALAM PROSEDUR PENYELESAIAN SENGKETA EKONOMI SYARI’AH Tanjung, Ardi Akbar; Wahdini, Muhammad
Jurnal Hadratul Madaniyah Vol. 11 No. 1 (2024): Jurnal Hadratul Madaniyah
Publisher : ​Institute for Researches and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jhm.v11i1.7575

Abstract

The existence of the judiciary for the Muslims is a discretion. The religious courts as litigation institutions have absolute authority. Since the birth of Act No. 3 in 2006, Sharia economic disputes have fallen within the scope of absolute jurisdiction. However, the legislative provisions that have been introduced recently have reduced the authority in question. Based on the Law on Religious Justice and reinforced by the Constitutional Court Decision No. 93 of 2012 has its own advantages and constraints in the exercise of its role. The results of this study show that the Religious Court, in addition to limiting the forms of non-litigation settlement that can be chosen, also constitutes a new norm that the parties are granted rights by means of obstacles which it makes shift the power of the court in the environment of religious justice to power in the general environment of justice. In addition to the settlement of economic disputes of the Shariah: Sources of the Law of Events (Formal Law) and Material Law Sources, consisting of: Regulations of Laws-Laws, Fatwa-fatwa of the National Council of Shari'ah (DSN), Aqad Treaty (Contract), Fiqih and Ushul Fiqich, Customary Habits, and Jurisprudence.
HUBUNGAN DALAM PERNIKAHAN JARAK JAUH MENURUT HUKUM ISLAM Tanjung, Ardi Akbar; Ariyadi, Ariyadi
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2851

Abstract

Long distance relationship or called Long Distance Relationship is a relationship where the couple is separated by physical distance and it is not possible to meet. Opportunities to communicate are very limited in the individual view of each partner who undergoes, The condition of couples who undergo long-distance marriage relationships, married couples will usually experience a crisis in their proximity due to their different geographical distances and locations. Factors that cause couples to undergo long-distance relationships are work factors and educational factors. In undergoing a long-distance marital relationship will affect the conflict. Conflict can arise due to personal sources, physical sources, sources of interpersonal relationships, and environmental sources. Commitment is something that makes someone want to be attached to something or someone and be with him until the end of the journey. Commitments made to be agreed upon in marriage in order to help married couples stay in harmony in building a harmonious family. This study intends to examine more deeply about Long Distance Marriage according to Islamic law and how to study the law through the Qur'an, Hadith and solutions. The research was conducted using research methods. Library research is a series of activities related to the methods of collecting library data, reading and taking notes and processing research materials. this is a study that utilizes library resources to obtain research data. namely research that intends to be experienced regarding a social reality by describing a number of data results studied between the phenomena tested in order to gain in-depth understanding, develop theories, describe those that trace references in the printed and electronic Islamic world about long-distance marriage according to Islamic law. The results of the study state that long-distance marriage relationships in Islamic law are allowed as long as husband and wife who undergo it are equally sincere and do not violate Islamic law and the process. According to Quraish Shihab, marriage is husband and wife who should accompany each other physically and mentally, marriage is together physically, mentally, mentally, and so on, that's why the physical separation is not fully appropriate. In Islam there is a rule of taklik talak which falls on certain conditions or hanging divorce. One thing that is emphasized is that if the husband leaves his wife within a period of months/years (according to the agreement) and the wife is not willing, it will result in divorce. This means that the willingness of both parties is the most important point before undergoing a long-distance marriage.