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Menelisik Legalitas Perkawinan Beda Agama di Indonesia: Analisis Yuridis dan Implikasinya dalam Hukum Perkawinan Muzakkir, Muzakkir; Muzakir, Kahar; Muhazir, Muhazir
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15260

Abstract

The legality of interfaith marriage in Indonesia remains a controversial issue, reflecting the legal uncertainty faced by couples of different religious backgrounds. Regulatory ambiguity has led to an increase in applications for marriage validation in court, indicating the need to re-evaluate the principle of legality within the national legal system. This study aims to offer a new perspective that distinguishes it from previous research by analyzing and highlighting the regulatory ambiguity surrounding interfaith marriage in Indonesia. This is a normative legal study employing a juridical-normative approach. Primary data is derived from Law No. 1 of 1974 on Marriage and Law No. 23 of 2006 on Population Administration; secondary data includes legal literature, journals, and empirical research directly related to the topic. Data is collected through literature review and analyzed using a descriptive-analytical method. The findings indicate a legal vacuum and normative inconsistencies that complicate the registration and legal recognition of interfaith marriages. From the perspective of Islamic law, the majority of scholars declare such marriages invalid, particularly when the woman is a Muslim, based on Qur'anic verse Al-Baqarah 2:221. In judicial practice, jurisprudence such as Supreme Court Decision No. 1400 K/Pdt/1986 affirms that the validity of marriage must be based on the provisions of each party’s religion. Meanwhile, actual cases show that some couples marry abroad and subsequently register the marriage in Indonesia as a shortcut to bypass domestic legal barriers. This study recommends harmonizing regulations between the Marriage Law and the Population Administration Law, formulating specific norms on interfaith marriage, and strengthening the role of religious and judicial institutions in providing legal clarity, certainty, and inclusive justice.
DUALISME PERATURAN PERCERAIAN DI ACEH: Kontestasi Fatwa dan Hukum Negara Muhazir, Muhazir
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 13 No. 2 (2020)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2020.13208

Abstract

The law of divorce in Indonesia comfirmed that a marriage breakdown imposed by a religious court categorized into talak ba'in sugrha, although outside court the husband has divorced his wife with three word divorce.Otherwise, Aceh Ulama Consultative Council (MPU) issued a fatwano 2 of 2015 on talak stating that talak with three talakword spoken at once (talak tiga sekaligus) is categorized as three talak. This research aims to analyze the contestation between the Marriage Law and Fatwa MPU on three times divorce. This article argued that the difference between the fatwa and Indonesian marriage law on the case was caused by several factors. They arethe understanding of divorce law; the different in mazhab of law; the legal approach to divorce; and the differences in legal culture.AbstrakAturan hukum Perceraian di Indonesia menegaskan bahwa putusnya perkawinan yang dijatuhi Mahkamah Syariyah tergolong talak ba'in sughra meskipun diluar pengadilan suami telah mentalak tiga istrinya. Konsep cerai talak tersebut berbeda dengan Fatwa Majelis Permusyawaratan Ulama Aceh (MPU) yang menegaskan bahwa talak tiga termasuk ba'in kubra baik itu sekali ucap maupun sekaligus. Tujuan penelitian ini yaitu untuk menganalisis kontestasi hukum perceraian antara Undang-Undang Perkawinan dan Fawa MPU Aceh. Hasil penelitian menunju bahwa kontestasi yang terjadi antara undang-undang perkawinan dan fatwa MPU Aceh disebabkan oleh beberapa faktor, antara lain; Pertama, pemahaman terhadap hukum talak; Kedua, perbedaan pemilihan mazhab hukum; Ketiga, perbedaan pendekatan hukum perceraian; Keempat, perbedaan budaya hukum.
Pembinaan Tahsin Alquran dengan Metode Tilawati bagi Mahasiswa Hukum Tata Negara Fakultas Syariah IAIN Langsa Muhazir, Muhazir
Jurnal Dedikasia : Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2022): Desember 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/dedikasia.v2i2.5869

Abstract

The Quran became an identity for the Islamic community because the Quran was the principal source of law in Islam. The ability to read the Quran is one of the benchmarks for understanding the content of the Quran. The ability to read the Quran for sharia faculty students has become a must, good and correct reading quality following the rules of tajweed science is an identity for sharia faculty students, even students who have not been able to read the Quran will be sanctioned in the form of not being able to take part in the thesis trial. This guidance is carried out to see and improve students' ability to read the Quran and provide guidance for those who have not been able to read the Quran well. The method used in this research is Participatory Action Research (PAR) because in this study the researcher is directly involved in coaching activities. This coaching is carried out for one month with a duration of 16 face-to-face meetings with the number of fostered participants reaching 20 students. The results of this guidance illustrate that Constitutional Law students have increased in learning using the tilawat method. The increase can be seen from the value obtained during the pre-test and post-test. this method is very suitable for learning the Quran because this method combines the science of recitation, makhroj, and recitations by following the science of recitation. The stages used in this coaching method consist of 3 stages; first, learning makhroj; second, learning recitation; third, recitations. While the coaching model is in the form of a class with the classical method, namely the teacher reads the student's following.
Pemberdayaan Limbah Biji Durian: Pengabdian Masyarakat Melayu Serumpun di Gampong Jering Kecamatan Serbajadi, Aceh Ula, Tafrihatul; Muhazir, Muhazir
Jurnal Dedikasia : Jurnal Pengabdian Masyarakat Vol. 4 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/dedikasia.v4i1.8611

Abstract

Limbah biji durian sering diabaikan, padahal memiliki potensi ekonomi dan lingkungan. Penelitian ini bertujuan memberdayakan limbah biji durian di Gampong Jering, Aceh, melalui program pengabdian masyarakat. Program ini melibatkan pelatihan untuk mengolah biji durian menjadi tepung dan pakan ternak, serta keripik sehat. Menggunakan pendekatan Penelitian Tindakan Masyarakat, kegiatan ini meliputi sosialisasi, pelatihan, dan pendampingan. Hasilnya diharapkan meningkatkan pengetahuan, keterampilan, dan pendapatan masyarakat, sekaligus mengurangi dampak lingkungan dari limbah biji durian. Durian seed waste is often overlooked, though it holds economic and environmental potential. This study aims to empower durian seed waste management in Gampong Jering, Aceh, through a community service program. The program involves training to process durian seeds into flour, animal feed, and healthy chips. Using a Community-Based Participatory Research approach, the activities include socialization, training, and assistance. The expected outcomes are increased community knowledge, skills, and income, along with reduced environmental impact from durian seed waste.
Islam, Fatwa dan Negara: Pluralisme Hukum Perceraian di Aceh, Indonesia Muhazir, Muhazir
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.3217

Abstract

This article examines the Legal pluralism of divorce in Aceh, even though the government has regulated divorce laws that apply nationally. However, the Ulama Consultative Assembly (MPU) of Aceh Has issued a fatwa whose legal substance was different from the divorce regulations made by the government, coupled with the legal conditions for divorce in Acehnese people who are fanatical to the school (mazhab) of Shafi'i which is theoretically different from the divorce law in Indonesia. This type of research is doctrinal with a legal pluralism approach. This article aims to analyze the dynamics of divorce law in Acehnese society. The results show that there are three kinds of law that normatively and sociologically apply in Aceh, namely fikih munakat, fatwa and state law, and each has its own legal concept regarding divorce.
Living Together in Difference: Enhancing Intercultural Communication through Religious Moderation in Post-Conflict Aceh Zulkarnain, Zulkarnain; Muhazir, Muhazir
MUHARRIK: Jurnal Dakwah dan Sosial Vol. 8 No. 2 (2025): Muharrik: Jurnal Dakwah dan Sosial
Publisher : Fakultas Dakwah Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/muharrik.v8i2.7979

Abstract

The implementation of Islamic law in Aceh has often been perceived as restricting the rights of religious minorities and fostering intolerance. In Langsa City, however, the reality of interreligious interaction demonstrates a more tolerant, harmonious, and cooperative communication dynamic. This study aims to analyze the practice of religious moderation in Langsa City by focusing on interreligious communication strategies within the framework of Islamic law. The research employs a phenomenological approach guided by Face Negotiation Theory. Data were collected through in-depth interviews, participant observation, and document analysis, and interpreted to identify recurring patterns of communication. The findings show that religious moderation in Langsa is enacted through strategies of face management—maintaining both self-face and other-face—visible in formal arenas such as government programs (Gampong Moderasi), inclusive policies, and interfaith forums, as well as in everyday social interactions. The practice of moderation is sustained by local cultural and religious values, accommodative legal frameworks, interreligious education, and social expectations that encourage harmony. The study concludes that moderation in Langsa is not merely the outcome of regulation but emerges from ongoing interreligious communication and negotiation. The theoretical contribution extends Face Negotiation Theory from intercultural to interreligious communication. At the same time, the practical implication offers a communication-based model of moderation that can guide inclusive interfaith policies in multicultural societies.
Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh Muhazir, Muhazir; Azwir, Azwir
At-Tafkir Vol 17 No 1 (2024): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v17i1.9491

Abstract

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.
Marriage Requirements for Cadres of Pondok Pesantren Gontor: Exploring the Concept of Kafa’ah Wahyudani, Zulham; Muhazir, Muhazir
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.27460

Abstract

This study aims to analyze the marriage requirements for cadres of Pondok Pesantren Gontor. Each cadre who wishes to marry must choose their own partner and obtain approval from the pesantren's leadership. If the leaders, including the kyai, does not grant approval, the cadre is not permitted to marry the chosen partner. In the tradition of Pondok Pesantren Gontor, approval from the pesantren's leaders is crucial to receiving blessings in the marriage. Such a practice has been in place for many years to maintain the pesantren's existence. This study seeks to analyze these unique marriage conditions for Gontor cadres and how these requirements are viewed from the perspective of kafa'ah. This research is empirical and uses a qualitative approach. Data was collected through interviews with the cadres and teachers at Pondok Pesantren Gontor, as well as an analysis of the pesantren's website. The concept of kafa'ah was derived from several sources of literature. The study finds that a potential wife must agree to adhere to the conditions applicable to cadres throughout their lives, including obedience to the pesantren's leaders, being ready to work at the pesantren 24 hours if needed, and being prepared to be assigned anywhere according to the pesantren leaders's orders. The concept of kafa'ah in this context can be justified as the alignment of the potential wife’s vision and mission with those of her husband (a Gontor cadre). This concept of kafa'ah differs from the textual understanding found in traditional fiqh texts and the Compilation of Islamic Law (KHI). This alignment is seen as essential for achieving welfare and as a form of self-dedication at Pondok Pesantren Gontor in Ponorogo, East Java, although this concept differs from the textual interpretation found in fiqh texts and the KHI.
Islamic Law Politics in The Contemporary Era (Revealing The Struggle for The Positivization of Islamic Law in Indonesia) Muhazir, Muhazir
Alhurriyah Vol 6 No 1 (2021): January - June 2021
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v6i1.3956

Abstract

This paper will discuss the politics of Islamic law until now, which still leaves debates between pros and cons parties, this debate is based on differences in views between secular Islamic groups and traditionalists, plus global political conditions increasingly influence the direction of Indonesian government legal policies. Library research is the method used in this paper, the legal policy approach and statute approach are used to analyze data found in various literature. The results of this study indicate that the struggle for the positivists of Islamic law in Indonesia is still reaping polemics, these polemics are based on three things; first, differences in understanding of the relationship between religion and state; second, the contemporary Indonesian political system is influenced by western politics; third, liberalism and communism have helped to hinder the positivists process of Islamic law in IndonesiaTulisan ini akan mendiskusikan tentang politik hukum Islam hingga saat ini yang masih menyisakan perdebatan antara pihak pro dan kontra, perdebatan ini didasari oleh perbedaan pandangan antara kelompok Islam sekuler dan Islam tradisionalis, ditambahkan lagi dengan kondisi politik global semakin mempengaruhi arah kebijakan hukum pemerintah Indonesia. Library research merupakan metode yang digunakan dalam tulisan ini, pendekatan legal policy dan statute approach digunakan untuk menganalisis data yang ditemukan dalam berbagai literatur. Hasil penelitian ini menunjukan bahwa pergulatan positivisasi hukum Islam di Indonesia masih menuai polemik, polemik tersebut didasari oleh tiga hal; pertama, perbedaan pemahaman tentang hubungan antara agama dan negara; kedua, sistem politik indonesia masa kontemporer dipengaruhi oleh politik barat; ketiga, paham liberalisme dan komunisme turut menghambat proses positivisasi hukum Islam di Indonesia Kata Kunci: Politik, Hukum Islam, Positivisasi
Legal Institutions in Resolving Divorce Cases in Aceh Muhazir, Muhazir; Azwir, Azwir; Zubir, Zubir
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8529

Abstract

This study aims to examine the legal institutions involved in divorce settlement in Langsa City. Apart from that, this study also analyzes the influence of each institution on the solution to the divorce problem in Aceh. Empirical legal studies are carried out using social and legislative frameworks. A statute approach is used to examine the legal elements in the process of resolving divorce cases, while a sociological approach is used to examine the social components of divorce practice. This study found that the Gampong traditional institution has more influence than the Sharia Court in resolving divorce cases. Even though state law does not allow divorce outside of court, the community believes that the Gampong traditional institution can resolve divorce cases more quickly, cheaply, easily, and with ease. more sacred. This differs from divorce in religious courts, which usually takes time, and filing takes time. Divorce through religious courts is used by the community when the parties want to legalize their new marriage. This study concludes that the influence of traditional institutions is very strong for the people of Langsa City because traditional institutions are able to resolve divorce problems easily and quickly. This study contributes to a distinct viewpoint on divorce by demonstrating that, in addition to state institutions, traditional institutions play an essential role in resolving divorce cases. Without disobeying state laws, the government need to respect traditional institutions' rulings in divorce situations. This implies that a conventional institution's decision may serve as a basis for the law in divorce situations. Aside from that, a court divorce still carries a bad reputation in society because of the length, difficulty of the procedure, and perceived difficulty of the operations.