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Journal : JURNAL MAHKAMAH

PENDAPAT PARA FUQOHA DAN MAJELIS ULAMA INDONESIA (MUI) TENTANG FILOSOFI DAN HIKMAH LARANGAN PERNIKAHAN BEDA AGAMA SERTA DAMPAKNYA Farida, Annikmah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v1i1.42

Abstract

Marriage as in islamic law is not civil case alone. But ties saint to mistaqan ghalizhan is a firm covenant and strong. For that marriage be maintained well, so what be the goal marriage namely the formation of family couple mawaddah wa mercy can be achieved. According to the indonesian ulemas council one of a barrier the formation of the purpose of marriage as above, is marriage different religion .But phenomena marriage different religion occurring dimasyarakat actually of an increasing and as if becomes regular issues. Remembering how the importance of problems marriage different religion widespread in indonesia.Hence, the indonesian ulema menguluarkan fatwa on prohibition of different religion marriage.Focus of study this writing is: (1) Think fuqoha and the indonesian ulema about a philosophy and wisdom ban different religious marriage? (2). How the impact of marriage different way?
Customary Sanctions in the Kitab Simbur Cahaya Ratu Sinuhun Study of Dark Pregnant Women in Indigenous Communities Inland South Sumatra Farida, Annikmah; Setiawan, Agus
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.4844

Abstract

This article is to analyse the practice of customary sanctions for women who are dark pregnant in the Kitab Simbur Cahaya as practised by the Inland Communities of South Sumatra. Then analyse the reasons why the people of the interior of South Sumatra still apply customary sanctions for women who are dark pregnant. This article is qualitative. The research was conducted field research supported by library research. The object of research was conducted in the inland communities of South Sumatra. The approach used in this research is a case approach. Data collection techniques by means of observation, interviews and documentation. The results of the discussion are, the form of customary sanctions for dark bunting women, namely fines and mbasuh dusun sanctions. The implementation of the mbasuh dusun sanction is by slaughtering livestock in the form of male goats whose bellies are striped with white fur. The blood of the goat is used to wash the hands and feet of the adulterer. Sanctions for adultery perpetrators in the form of mbasuh dusun are customary sanctions that are complaints. Regarding the status of illegitimate pregnant women victims of rape, the Kitab Simbur Cahaya does not explain in detail, but in fact in the inland community, illegitimate pregnant women victims of rape are still given sanctions. The reason why the people in the interior of South Sumatra apply customary sanctions for women who are illegally pregnant is as a preventive measure, as an effort to educate women, while the mbasuh dusun sanction is to avoid all kinds of calamities that will occur in the village.