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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Lentera:Indonesian Journal of Multidisciplinary Islamic Studies
Asrizal Saiin
STAIN Sultan Abdurrahman Kepulauan Riau, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining Malay Customary Marriage Law in the Malay Countries: An 'Urf Perspective Asrizal Saiin; Mohamad Azmi Karuok; Moh. Zaidi Hajazi; Anwar M. Radiamoda
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.4725

Abstract

The purpose of this paper is to find out more clearly about the position of customary law for the Malay community, which can be said to be all Muslim, by analyzing it through the study of ‘urf in Islamic law. This research is categorized as qualitative research. Qualitative research intends to understand the phenomenon of what is experienced by the research subject, for example, behavior, perception, motivation, action, and others, thoroughly and descriptively in a special natural context by utilizing the scientific method. The findings in this paper are that Malay customary marriage law, which has been practiced so far in Malay countries, is in accordance with Islamic law. The Malay customary marriage law that may be applied is a law that does not conflict with Islamic values, or 'urf al-sahih. Meanwhile, Malay customary marriage law that cannot be applied is a law that is contrary to Islamic values, or 'urf al-fasid, because it can damage the purpose of the shari'a to be passed down (maqashid shari'ah).
Relevansi Hukum Perdata Islam dalam Merespons Perubahan Sosial di Indonesia: Analisis Yuridis dan Filosofis Muhammad Yayad Ari Hidayat; Muhammad Taufiqurrahman; Pebriyan Nugroho; Asrizal Saiin
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 7 No 1 (2025): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v7i1.12585

Abstract

Islamic Civil Law plays a significant role in regulating social, economic, and religious relations in Indonesia. In the context of rapid social transformation, the application of Islamic civil law within Indonesia’s pluralistic society requires critical examination from both juridical and philosophical perspectives. One of the main challenges lies in ensuring that Islamic civil law remains responsive to dynamic social change while preserving its foundational religious and moral principles. Accordingly, this study aims to analyze the relevance of Islamic civil law in addressing social change in Indonesia and to examine its application through juridical and philosophical approaches. This research employs a qualitative library-based method with normative analysis, drawing on legal literature, scholarly books, academic journals, and other relevant sources related to Islamic civil law and social change in Indonesia. The findings indicate that Islamic civil law remains highly relevant in responding to social change, particularly in the regulation of family relations, economic activities, and social interactions. From a juridical perspective, Islamic civil law demonstrates adaptability in accommodating evolving societal conditions. Philosophically, it maintains a balance between adherence to religious values and responsiveness to contemporary social needs. This combination of juridical flexibility and philosophical consistency is essential to sustaining the effectiveness and relevance of Islamic civil law within Indonesia’s continually evolving social context.
Co-Authors Anwar M. Radiamoda Moh. Zaidi Hajazi Mohamad Azmi Karuok Muhammad Taufiqurrahman Muhammad Yayad Ari Hidayat Pebriyan Nugroho