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All Journal Al-Ulum Al-Mizan (e-Journal) Jurnal Studi Agama dan Masyarakat Jurnal Ilmiah Al-Syir'ah International Journal of Health, Economics, and Social Sciences (IJHESS) DIKTUM: JURNAL SYARIAH DAN HUKUM Al-Iftah: Journal of Islamic studies and society Innovative: Journal Of Social Science Research SAMAWA: Jurnal Hukum Keluarga Islam
H. Sudirman L.
Institut Agama Islam Negeri Parepare
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Dwangsom: Investigate the Conceptual Basis of Religious Court on Child Custody Rulings Sudirman L; Sunuwati Sunuwati; Muh. Alim Fasieh
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2500

Abstract

This study aims to investigate the philosophical underpinnings of the law regarding the issue of religious court judges' decisions regarding the right to control and care for children. Various Religious Court decisions cannot be obeyed voluntarily by the party controlling the child (the Defendant) because the mother provides the finest care for children under 12. Based on the decision of the party entitled to care for the child (Plaintiff), and according to the survey, several respondents found the decision to be hollow (illusion). It is a normative study with a conceptual approach that is then descriptively and qualitatively analyzed. Initially, the application of Dwangsom in child support cases was psychological pressure on the Defendant to voluntarily carry out the provisions of the decision and psychological protection for the child, according to the results. Despite this, Dwangsom must be provided upon request. Second, a court decision grants a Dwangsom petition, effectively legalizing the practice in cases of religious child-rearing. Thirdly, the Judge's approval of the Plaintiff's request to establish Dwangsom positively affects the renewal of Islamic family law in Indonesia because numerous decisions regarding child support are not made voluntarily.
Maqāṣid Al-Sharīʿah Analysis of Legal Protection for Wives from Domestic Sexual Violence Aidil Mustain; Sudirman L; Saidah Saidah; Syafrullah Syafrullah
Al-Iftah: Journal of Islamic studies and society Vol. 7 No. 1 (2026): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/aliftah.v7i1.15850

Abstract

Sexual violence against wives in marriage is a serious problem that occurs frequently but remains difficult to uncover due to deeply entrenched cultural, psychological, and patriarchal power relations within the household. Although Indonesia has established legal instruments, namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, the implementation of legal protection for victims faces multifaceted obstacles. This study aims to analyze the implementation of legal protection for wives experiencing domestic sexual violence and evaluate it through the contemporary systems approach of Maqāṣid al-Sharīʿah. Employing an empirical legal research method with a qualitative case-study approach, data were obtained through observation, in-depth interviews with law enforcement officers and religious court judges in Parepare, and analysis of specific court verdicts. The findings reveal that while the positive legal framework aligns with the Maqāṣid objectives of protecting life (hifz al-nafs) and reproductive autonomy (hifz al-nasl), implementation is severely hindered. Patriarchal misinterpretations of theological texts often conflate marital obligations with unconditional sexual access, complicating the enforcement of Compilation of Islamic Law (KHI) articles regarding marital rights. Furthermore, law enforcement practices lack a victim-centric perspective, often dismissing psychological violence. To address this gap, this study recommends that future Islamic law scholars and legal practitioners investigate and formulate specific evidentiary standards for marital rape within Religious Courts to ensure that the systemic objectives of Maqāṣid al-Sharīʿah are practically realized in protecting women's bodily autonomy.
Mabbolo Possi Bola as a ‘Urf Ṣaḥīḥ: A Living Sunnah Study of Bugis-Mandar Tradition Noercholis Rafid A.; Muhammad Yunan; Nurpadila Nurpadila; Sudirman L; Aulia Naufal
Jurnal Studi Agama dan Masyarakat Vol 22 No 1 (2026): JURNAL STUDI AGAMA DAN MASYARAKAT
Publisher : UIN Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jsam.v22i1.10529

Abstract

This study examines the prayer ritual at the central pillar of the the house (mabbalo possi bola or posi’ boyang) among the Bugis and Mandar communities through the perspective of Living Sunnah. It aims to explain the meaning, practice, and religious relevance of the ritual in local Muslim society. This research employs a descriptive qualitative approach using normative theological and ethnographic methods. The study was conducted in Luyo District (Polewali Mandar) and Pammana District (Wajo). Data were collected through in-depth interviews, participant observation, and documentation, and analyzed through triangulation. The findings show that the ritual combines the recitation of basmalah, shalawat, adhān, Barzanji, and supplications as expressions of gratitude and prayers for protection to Allah, while strengthening social solidarity through communal cooperation and shared meals. Interview findings also indicate that the tradition is understood by the community as not contradicting Islamic principles and may be categorized as ‘urf ṣaḥīḥ because it remains consistent with the principle of tawḥīd.
Co-Authors Ahmad Nawir Aidil Mustain Andi Bahri S Aris Aris Aulia Naufal Faisal, Ahmad Fajriany Jabbar Fikri Firman Firman Fitriyani Hannani Islamul Haq Muh. Alim Fasieh Muhammad Ali Rusdi Bedong Muhammad Yunan Noercholis Rafid A. Nurpadila Nurpadila Ririn Erisyam Rusdaya Basri, Rusdaya Saidah Saidah Suarning Suarning Sunuwati Sunuwati Syafrullah Syafrullah Zainal Said