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Abu Sanmas

Institut Agama Islam Negeri (IAIN) Ternate

Author-ID : 5425756

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

Pembatalan Izin Poligami di Pengadilan Tinggi Agama Maluku Utara Rugaya Alkatiri; Abu Sanmas
Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

This study was conducted to Analyze and Correct the verdict No: 41/Pdt.G/2007/PA. Tte and Verdict No: 12/Pdt.G/2007/PTA. MU, which is the consideration of the Judges of the Ternate Religious Court and the North Maluku Religious High Court against the Verdict on polygamy permit cases that occurred in North Maluku Province. The Research Method used is Literature Research, namely: Activities to obtain Information relevant to the Consideration of judges of the Ternate Religious Court and the North Maluku Religious High Court against the ruling of polygamy permit cases. The result of this study is that the case of the Polygamy Permit Application filed by the F.A. who is domiciled as the Applicant, where the Judge in the First Level looks at the Sitting Case and Its Legal Considerations, so that the Panel of Judges in the First Level Court granted the Polygamy Permit Application. While at the Court of Appeal filed by M.A. who is domiciled as the Respondent at the First Level, but in the Appeal Level M.A domiciled as a Comparison, but in the Decision of the Panel of Judges at the Appeal Level by looking at the Sitting Case and Legal Considerations that the Verdict at the First Level is not acceptable on the grounds that the polygamy application case is a Case that is Voluntair (unilateral) not Contentiosa (has opponents where The existence of the Respondent, the First Wife) then the case is considered Obscur Libel (Escape), because the Lawyer does not include the name of the Prospective Wife of the Applicant orbanding in the contents of the Application at the First Level and on the Counter Memory Appeal so that the Panel of Judges decides the Case is unacceptable.

Zakat Profesi dan Pemanfaatannya di Kota Ternate: Analisis Hukum Islam dan Undang-Undang Nomor 23 Tahun 2011 Burhanuddin Onde; Basaria Nainggolan; Abu Sanmas
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

This study aims to answer the problem of how professional zakat and its utilization in the city of Ternate and how the analysis of Islamic law and Law Number 23 of 2011 on professional zakat and its utilization in the city of Ternate. The method used is qualitative with an empirical juridical approach. The data analysis method used is qualitative data analysis using inductive and deductive thinking frameworks. Based on the results of the discussion, it can be concluded that the collection and management of zakat by the Amil Zakat Agency of the City of Ternate, especially professional zakat for ASN within the Ternate City Government is maximized because many muzakki (Civil State Civil Apparatuses of Ternate City) have complied with the Circular and Regional Regulations from the Government. The results of the collection of professional zakat are widely felt by the community, especially the eight groups who are entitled to receive it and those in need. In Islamic law, in essence, zakat issued from the results of one's profession (work) is an obligation, this is in line with the regulations made by the government through Law number 23 of 2011. In addition, the utilization in its distribution is in accordance with the provisions of Islamic law and the demands of the law, namely that it is given to eight groups and people who need it for their needs.

Customary Authority and Islamic Family Law Governance under Legal Pluralism: Toward a Limited Integration Model in the Sultanate of Ternate, Indonesia Samad Umarama; Syaifuddin; Mahmudah; Jonatan Lassa; Abu Sanmas; Rusmiyanti Wontami
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.8987

Purpose – This study aims to analyze the customary authority of the Sultanate of Ternate in the governance of Islamic family law in Indonesia within the framework of legal pluralism. This study is based on the fact that disputes within Muslim families are not always resolved through the religious courts but through community-based social mechanisms, such as customary mediation, family consultations, and the roles of customary and religious leaders. Methods – This study employs a socio-legal approach with a qualitative research design. Data were obtained through in-depth interviews with traditional leaders, religious figures, and members of the community, as well as through an analysis of relevant academic literature. The analysis was conducted using thematic analysis, integrating empirical findings with the theory of legal pluralism. Findings – The research findings indicate that customary authorities in the Sultanate of Ternate function as informal actors in the administration of Islamic family law through three main roles: establishing socio-cultural legitimacy, facilitating pre-litigation mediation, and providing customary consultation in family disputes. However, these roles do not supersede the authority of the Religious Courts but rather complement dispute resolution mechanisms through social reconciliation and the strengthening of legal processes. Further findings of this study indicate that legal pluralism carries risks of legal uncertainty, gender bias, forum shopping, and the politicization of customary practices if not accompanied by clear boundaries on authority. This study proposes a Model of Limited Integration of Customary Authority, namely a model that positions the Sultanate’s authority as a non-litigious consultative and mediatory institution while maintaining the constitutional authority of the Religious Courts to adjudicate cases. This model is built upon five key principles: accountability, documentation, voluntariness, gender protection, and child protection. Research implications – Theoretically, this study contributes to the integration of the theories of legal pluralism, the semi-autonomous social field, and ‘justice in many rooms’ in explaining the relationship between customary legitimacy and the national legal system in the context of Islamic family law.

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