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All Journal Management of Zakat and Waqf Journal (MAZAWA)) Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Abdul Wahab Naf'an
Suez Canal University, Egypt
Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Forced Marriage: The Authority of Custom Law in The Practice of Marriage In Kerinci, Jambi Mega Puspita; Abdul Wahab Naf'an
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 1 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i1.1540

Abstract

This study discusses the authority of customary law in the practice of forced marriage in the community of Lekuk Limapuluh Tumbu Lempur, Kerinci, Jambi. Forced marriages were carried out against men and women who went out together and only returned after 20.00. They have to get married, even though they are not willing to do so, they are not even asked to be willing at all. This study uses a qualitative descriptive method. Data collection is done by observation, interviews, and documentation. This study shows that the decision to implement forced marriages was issued by four elements holding customary authority, namely the depati, ninik mamak, alim ulama, and cerdik pandai. This punishment is enforced in order to maintain religious rules, because a man and a woman who travel together until late at night have the potential to commit various violations of religious norms, especially adultery. The application of the forced marriage rule is intended as a preventive measure against these violations. Here the role of adat is to make forced marriage as a customary punishment intended to maintain religious norms.
Contextualization of Mustahik fii Sabilillah at BAZNAS East Java Province Abdul Wahab Naf'an
Management of Zakat and Waqf Journal (MAZAWA) Vol. 5 No. 1 (2023): Manajement of Zakat and Waqf Journal (MAZAWA)
Publisher : Universitas Islam Negeri Sunan Ampel Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mzw.2023.5.1.66-84

Abstract

fii sabilillah is one of the criteria for mustahik zakat. In several regions in Indonesia, mustahik fii sabilillah is an active incidental mustahik and ranks third in priority mustahik. However, in the modern context, who is called fii sabilillah is ambiguous and has multiple interpretations. This is because fii sabillah contains a general meaning and changes the context of the past to the present. Therefore, this research seeks to reveal the contextual meaning of the definition of fii sabillah as applied at the BAZNAS East Java Province zakat institution, Sidoarjo, Indonesia. Apart from that, this research also reveals the relevance and analysis of ijtihadiyah used by these zakat institutions. Research data was explored qualitatively to produce in-depth data in a natural social setting. Apart from interviews, Data mining is complemented by documentation studies. Interviews were conducted with the Director, Distribution Division and several other officials at BAZNAS East Java Province. The findings are: From the results of the discussion above, two important things can be concluded in this research, ar: first, the contextualization of fii sabilillah as mustahik is categorized into three typologies; 1) typology of people who fight in the way of Allah to uphold the Islamic religion; 2) typology of people who spread Islam through da'wah; 3) typology of people who study religion and teach it. Second, analysis of contemporary interpretation shows that the contextualization carried out by BAZNAS East Java Province has similarities and relations to legal objectives. The fii sabilillah paradigm is given for the general benefit, not for individuals in need.
Co-Authors Mega Puspita