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

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Islamic Law Perspective on Settlement of Inheritance Disputes Arsyam Arsyam; Siti Musyahidah; Malkan Malkan
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 (206.64 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.25

Abstract

This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.
Sociologies Perspectives on Unregistered Marriages in Muslim Socities Zed Bachmid; Malkan Malkan; Ali Imron
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 (999.147 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.35

Abstract

The study focuses on the practical concept of the unregistered marriage at the Marawola Sub-district. It seeks to understand factors that cause the practices and their sociological impacts. The study aims to recognize the practical concept of the unregistered marriage, factors affecting the practices, and their sociological impacts. 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 the Marawola Sub-district. The findings of the study show that there were a lot of people in the community under the authority of the Marawola Sub-district practiced unregistered marriages. They made mention that the reasons for their practices which were derived from their interviews were legal because they believed that the unregistered marriages have fulfilled terms and conditions for lawful marriages. They argued that a marriage registration is only for the legalization of the marriage. The reasons for the unregistered marriage practices covered many factors. First, it is due to the ignorance of the community in regards to procedures for a marriage registration at the Marawola Sub-district. Other reasons are related to administrative requirements for a marriage registration and marriages by accident due to pregnancies. In addition, unlawful actions of irresponsible individuals in the community who helped perpetrators to find a shortcut for the Unregistered Marriages could also cause the insurgence of the practices. These all brought sociological impacts in their society especially for wives and children where there is no legal protection for them. Hence, there was no recognition from formal law which then resulted in long-term social impacts and negative turmoil in the community.
Co-Authors Ali Imron Arsyam Arsyam Siti Musyahidah Zed Bachmid