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All Journal International Journal of Contemporary Islamic Law and Society
Syahabuddin Syahabuddin
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.
Gender Analysis of Marriage Guardians in the Compilation of Islamic Law Abd. Rasyid Sidiq; Rusli Rusli; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.913 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.24

Abstract

The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.
Polygamy from Quraish Shihab’s View in the Tafsir Al-Mishbah Syamsuddin Syamsuddin; Zainal Abidin; Syahabuddin Syahabuddin
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 (952.207 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.31

Abstract

This paper aims to find out the method used by Quraish and the factors that influenced his interpretation of polygamy in the Tafsir of Al-Mishbah. This research is a literature research using Arkoun's hermeneutic approach in analyzing the Quraish interpretation of Polygamy in his Tafsir. Data collection was carried out by citing and analyzing relevant literature on the issue discussed, then reviewing and concluding it. The results of this study indicate that polygamy is pictured as a small emergency exit that can only be conducted in emergency situation. The method used by Quraish Shihab in his interpretation of polygamy is the tahlili method, and the approach is more dominantly contextual. Likewise, the factores that influenced his interpretation include his social settings, schools of thought, and such figures such as Al-Biqai, Muh. Abduh, Tabataba'i, and Al-Farmawy.
Co-Authors Abd. Rasyid Sidiq Alhamid Baharuddin M. Taufan B. Rusli Rusli Syamsuddin Syamsuddin Zainal Abidin