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All Journal Indonesian Journal of Disability Studies YUSTISI Journal on Education Jurnal Pengabdian kepada Masyarakat Nusantara Yustisi: Jurnal Hukum dan Hukum Islam DINAMIKA ILMU: Jurnal Pendidikan Qonun Jurnal Hukum Islam dan Perundang-Undangan HIKMATUNA: Journal for Integrative Islamic Studies Hikmatuna Jurnal Intelek Dan Cendikiawan Nusantara Tijarah Jurnal Intelek Insan Cendikia Journal of Family Law and Islamic Court JURMA YUSTISI
Muktashim Billah
Hukum Keluarga (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar, Makassar, Indonesia
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JURMA YUSTISI

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Islamic Jurisprudence Perspective on the Post-Marriage Grave Visiting Tradition in Kou Village, Curio District, Enrekang Regency Mardiana, Mardiana; Hamzah, Nur Asia; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1904

Abstract

This study examines the tradition of visiting graves after marriage from the perspective of Islamic jurisprudence, prompted by differing public opinions regarding its legal status and permissibility. The research focuses on two main issues: (1) the practice of post-marriage grave visiting in Kou Village, Curio District, Enrekang Regency; and (2) the Islamic jurisprudential view on this tradition. A qualitative research method was applied, utilizing both primary and secondary data sources. Data collection techniques included interviews, documentation, and literature review from books, journals, and articles. Data were analyzed through reduction, presentation, and verification processes. The findings reveal that: (1) The tradition is considered permissible by the local community, though its practice is optional; some couples observe it while others do not. (2) From an Islamic jurisprudence perspective, grave visiting is generally recommended in Islam as a reminder of death and as a means to pray for the deceased, which extends to the post-marriage grave visiting practice.
Marriage Law with Stolen Property as Dowry: An Islamic Jurisprudence Perspective through the Lens of Maslahah Fadlan, Fadlan; Juhani, Hasan Bin; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1905

Abstract

This study aims to examine: (1) the legal framework of mahar (dowry) in marriage according to Islamic jurisprudence, and (2) the legal implications of using stolen property as mahar, analyzed through the principle of maslahah (public interest). This research employs a library-based methodology, drawing from primary and secondary sources including classical and contemporary fiqh works, Qur’anic exegesis, and scholarly articles. Data collection follows systematic steps of editing, organizing, and concluding, followed by comparative-verificative analysis. Findings reveal that in Islamic law, ownership of wealth is divine in nature (milkiyyah ilahiyyah), carrying moral and legal obligations. Using stolen property, even without direct involvement in theft, is strictly prohibited if its unlawful origin is known. All major Islamic schools agree that stolen property remains the rightful possession of its original owner and must be returned or compensated. Regarding marriage, the majority of scholars assert that the contract remains valid if its other pillars and conditions are met, but the haram mahar is void and must be replaced with an equivalent lawful dowry (mahar al-mithl). The tarjih approach supports this position to uphold the validity of the contract, preserve public interest, and prevent greater harm (mafsadah). The study concludes that the use of haram wealth in dowry is a violation of Islamic principles with moral and social consequences, requiring repentance, restitution, and lawful substitution.
The Role of the Office of Religious Affairs in Central Mawasangka District, Central Buton Regency, in Addressing Early Marriage Usaimin, M. AL –; Miro, Abbas Baco; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1907

Abstract

This study explores the role of the Office of Religious Affairs (Kantor Urusan Agama/KUA) in Central Mawasangka District, Central Buton Regency, in preventing early marriage. Early marriage remains a significant social and legal issue in several regions of Indonesia, including Southeast Sulawesi, due to factors such as cultural traditions, economic hardship, and limited access to education. The research applies a qualitative descriptive method, using interviews, documentation, and library research to analyze the preventive strategies implemented by KUA officials. Findings indicate that the KUA plays a strategic role not only in administering marriage registration but also in providing premarital counseling, community education, and coordination with local government agencies. The study also reveals several obstacles, including deeply rooted cultural norms, lack of awareness among parents, and limited resources for outreach programs. Nevertheless, the proactive engagement of KUA in socialization campaigns, religious lectures, and policy advocacy has contributed to a gradual reduction in early marriage cases. This study concludes that strengthening institutional capacity, enhancing inter-agency collaboration, and increasing public awareness are essential to achieving sustainable prevention.
Co-Authors Abbas Abbas Abdul Rahman Sakka Ahmad Harakan AM, Erfendi Amin, Saifuddin Amirah Amirah Amirah, Amirah Dahlan Lama Bawa Dahlan Lamabawa Devina Armelia Erfandi AM Erfandi Erfandi Fadlan Fadlan Gassing HT, Abdul Qadir Hamzah, Nur Asia Irmansyah Ramadhan Jamal, Mukhlisah Juhani, Hasan Bin Kahar, Andi Satrianingsih Kasbaib, Zalda Kemala, Rosmalina Larhzizer, Fouad Mahenra, Usril Asyar Mardiana Mardiana Mardiana Mardiana Maryam Qurrota Ayun Miro, Abbas Baco Muchtar, M Ilham Muhammad Ibrahim Muhammad Ilham Muchtar, Muhammad Ilham Muhammad Yasin Nur Asia Hamzah Usaimin, M. AL – Zainal Abidin Zulfahmi Alwi Zulfahmi Alwi