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All Journal International Journal of Contemporary Islamic Law and Society
M. Taufan B.
Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
Religion Social Sciences

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Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court Alhamid Baharuddin; M. Taufan B.; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (716.541 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.18

Abstract

The aim of this paper is to discuss Judges’ consideration in making decision in the case of judicial divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that there were two basic considerations for judges in deciding a lawsuit for divorce at the Palu Religious Court Class 1A, namely written law and unwritten law. Written laws include Al-Qur'an, Hadith, Laws, and Compilation of Islamic Laws, while the unwritten law is the customs and values ​​that live in society. Based on the decision Number 452/Pdt.G/2019/PA.Pal, these laws were used as the basis for the judge's consideration in deciding this case, because continual disputes and quarrels occurred between husband and wife, that resulted to the separation of residence which has lasted for about 11 months, and it is no longer possible to live in harmony in the household.
The Role of Executors in Mariage Properties Sharing Based on Islamic Law Syuaib Syuaib; M. Taufan B.; Ermawati Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (926.607 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.32

Abstract

This study discusses the duties and functions of court bailiff in the settlement of marriage properties or gono gini in the religion court. This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.
Inheritance Sharing System in Tinombala Village from the Perspective of Islamic Law M. Taufan B.; Muhammad Yusuf Surya; Nasaruddin Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.025 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.39

Abstract

The legal system in Indonesia is plural in nature of the existence of customary law, Islamic law, and laws in Western traditions. The customary law system seems to be dominantly used by rural communities in solving private problems, such as the distribution of inheritance. Considering Indonesia has a Muslim majority population, this article discusses the inheritance distribution system in rural communities from the perspective of Islamic law. The research location is Tinombala Village in Parigi Mautong Regency. This study uses qualitative methods with three data collection techniques: observation, interviews, and documentation. Primary and secondary data were analyzed using data reduction, presentation, and verification methods. The results of this study indicate that the distribution of inheritance carried out by the villagers is determined based on customary law, even though the majority of the population is Muslim. Based on local customary law, the assets left by the deceased parents are distributed only to the children who died. The last child often gets the most share. Such practice is not following the principle of inheritance distribution in Islamic law.
Co-Authors Alhamid Baharuddin Ermawati Ermawati Muhammad Yusuf Surya Nasaruddin Nasaruddin Syahabuddin Syahabuddin Syuaib Syuaib