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All Journal International Journal of Contemporary Islamic Law and Society
Muhammad Akbar
Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
Religion Social Sciences

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Muslim Society Perception of The Unregistered Divorce Lutfi Lutfi; Muhammad Akbar; Marzuki Marzuki
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 (831.705 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.21

Abstract

The aim of this paper is to discuss the view of Muslim people in Marawola, district of Sigi, towards unregistered 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 the understanding and view of the Marawola community towards unregistered divorce was that of divorce carried out outside a religious court involving only husband and wife and religious leaders. On other occasions, it also involved village officials, where the divorce was only confirmed by a letter of freedom signed by the husband and wife, two witnesses and sometimes also signed by the village head as the one who knew.
Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife Aryati Yahya; Rusli Rusli; Muhammad Akbar
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 (774.63 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.34

Abstract

The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.
Divorce Mediation at Religious Courts in Pasangkayu during the Covid-19 Pandemic: Socio-Juridical Analysis Gasim Yamani; Nazil Fahmi; Muhammad Akbar
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 (1440.751 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.37

Abstract

This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.
Co-Authors Aryati Yahya Lutfi Lutfi Marzuki Marzuki Nazil Fahmi Rusli Rusli Yamani, Gasim