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Dynamics of Marriage Dispensation at The Sidenreng Rappang Religious Court After Law No. 16 of 2019: A Comparative Study of Family Law Masyhud, Luthfiah; Fikri, Fikri; Aris, Aris; Basri, Rusdaya; Sunuwati, Sunuwati
Al-Iftah: Journal of Islamic studies and society Vol 6 No 1 (2025): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/aliftah.v6i1.13232

Abstract

This research examines social facts related to marriage dispensation before and after the enactment of Law No. 16/2019 at the Sidenreng Rappang Religious Court. The focus of the research is on the factors causing the increase in marriage dispensation applications and the response of law enforcers in the religious courts. The method used is field research with a qualitative descriptive approach and case study method. The results showed that after the enactment of Law No. 16/2019, which raised the minimum age of marriage to 19 years, there was a significant increase in marriage dispensation applications at the Sidenreng Rappang Religious Court. The main factors influencing the high number of applications include family economic conditions, low levels of education, strong local social and cultural norms, pregnancy outside marriage, and lack of supervision and education from parents. In addition, fear of violating religious norms and a desire to maintain the family's reputation are also important reasons for marriage dispensation applications. Despite various education and socialization efforts by the Sidenreng Rappang Religious Court, the effective implementation of the minimum age of marriage still faces challenges due to deep-rooted social and cultural factors in the community. This study recommends the need for increased legal education, strengthening the role of parents, and synergy between agencies to reduce marriage dispensation.
KONSEP HUKUM ISLAM DALAM MEWUJUDKAN STABILITAS DAN PERUBAHAN DALAM MASYARAKAT Bahar, Sunuwati; Saudi; Luthfiah; Kurniati; Musyahid, Achmad
KURIOSITAS: Media Komunikasi Sosial Keagamaan Vol 16 No 2 (2023): Kuriositas: Media Komunikasi Sosial dan Keagamaan (Sinta 3)
Publisher : LPPM IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/kur.v16i2.6243

Abstract

Sharia is a system of laws which has been in force for millennia, whereas jurisprudence specifies the specific formulation of Islamic law to be implemented on an individual case at a particular place and time. Both are distinguishable, but they're inseparable. In order to avoid confusion as to the meaning of Islamic law, It is suggested that the meaning of Islamic law itself be renewed either as a result of teaching or as a consequence of interpretation, interpretation, or thought of the mujtahids. In this study, qualitative descriptive was used. Interviews, observation, and documentation were used to gather data. Data gathering, data reduction, data presentation, and data conclusions are all used in this study's data analysis methodologies. The findings demonstrated that, if Islamic law has grown to be regarded as necessary for a society to maintain its stability, alterations to the law may result in social transformation. Islamic law's goal and essence are reflected in the notion of legal transformation it has brought about.
Dialektika al-Qur’an dalam al-Urf: Studi Kritis Pergeseran Makna Budaya Mappasikarawa pada Perkawinan Bugis di Era Modern Sunuwati; Hasnani; Aris; Abdullah, Baharuddin; Darwis, Rizal
Al-Ulum Vol. 25 No. 1 (2025): Al-Ulum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/au.v25i1.6867

Abstract

This study examines the transformation of meaning in the Bugis society’s mappasikarawa culture, which has undergone significant shifts in values due to modernity. It employs a dialectical approach between the Qur’an and local cultural context as al-urf to map the dynamic relationship between universal Islamic values and local wisdom. Using a qualitative analytical-critical method, data was gathered through in-depth interviews, participant observation, and document analysis in Bugis regions. Findings show that mappasikarawa serves not only as a symbolic ritual but also integrates Qur’anic values sakinah, mawaddah, and rahmah. Thus, a contextual reinterpretation based on maqaṣid al-shariah and hifz al-nafs is essential to maintain its relevance and harmony with Islamic law.
Examining the Istinbat Systems of the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah Jamaluddin, Samsidar; Hannani; Sunuwati; BN, Andi Muh. Taqiyuddin
Jurnal Marital: Kajian Hukum Keluarga Islam Vol 2 No 2 (2024): MARITAL: Kajian Hukum Keluarga Islam
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/marital_hki.v2i2.9472

Abstract

The purpose of this research is to study the Istinbat system of the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah. This research is a qualitative research, the type of research is library research. The data collection method is literature review. The results showed that; Istinbat method of the Fatwa Commission of the Indonesian Ulema Council (MUI) refers to the Qur'an, Hadith, consensus, Qiyas and other legal arguments. In its fatwa, the MUI also does not reject other legal arguments that are not debated by the ulama, such as: istihsan, istishab, sad al-dzari'ah, and other arguments that are still disputed by scholars. The Istinbat method of Nahdatul Ulama Bahtsul Masail Institute implements the concept that Istinbat is not taken directly from the original source, namely the Qur'an and Hadith. However, the extraction of the law is done by dynamically mentatbiqkan (harmonizing) the texts expressed in the book in the context of the problem for which the law is sought. Meanwhile, the istinbat method of tarjih and tajdid assembly refers to the benefit as a priority benchmark without ignoring sociological and anthropological aspects. And in istinbat not bound to a particular school of fiqh.