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All Journal DE JURE El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Kamaya: Jurnal Ilmu Agama Al-Maslahah SIGn Jurnal Hukum Sakina: Journal of Family Studies Al-Manhaj: Journal of Indonesian Islamic Family Law Community Development Journal: Jurnal Pengabdian Masyarakat Jurnal Pengabdian kepada Masyarakat Nusantara Tafkir: Interdisciplinary Journal of Islamic Education Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) JURIS (Jurnal Ilmiah Syariah) Akademika : Jurnal Pemikiran Islam Jurnal Ilmu Syariah dan Hukum Jurnal Pengabdian Masyarakat Charitas Hikmayo: Jurnal Pengabdian Masyarakat Jurnal Penelitian dan Pengabdian Masyarakat Ta'dib Taruna Law Al-Hukama: The Indonesian Journal of Islamic Family Law Rahmah
Ahmad, Sabarudin
Institut Agama Islam Negeri Palangka Raya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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TRACING RELIGIOUS TRANSFORMATIONS IN URBAN SOCIETY DURING THE KUTARINGIN KINGDOM ERA Anwar, Khairil; Hartati, Zainap; Ahmad, Sabarudin; Husain, Muhammad Zidni
AKADEMIKA: Jurnal Pemikiran Islam Vol 29 No 1 (2024)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v29i1.8618

Abstract

This research article aims to explore the traces of religious transformation in the urban society during the Kutaringin Kingdom era. The current population of Kutaringin, now located within the West Kotawaringin Regency, is predominantly Muslim. The Islamic influence is palpable in both the daily lives of the people and the Islamic symbols present during the current governance. This study adopts an empirical (field research), utilizing both historical and religious approach. The findings indicate that the process of religious transformation occurred peacefully without any acts of violence. Some individuals who were previously adherents of Kaharingan converted to Islam and integrated into the urban society of the Kutaringin Kingdom. Meanwhile, those who remained steadfast in their beliefs chose to reside in the hinterlands. However, their relationship with the kingdom remained strong, and the kingdom sought their opinions and approval, represented by the leaders of their communities, in addressing issues. The role of religious leaders, especially Kyai Gede, played a significant part in this transformation. Kyai Gede, whose passing is commemorated annually, played a crucial role in shaping the religious landscape. Presently, the kingdom's territory is divided into several regencies, including West Kotawaringin regency, Lamandau regency, and Sukamara regency, with the majority of the population adhering to Islam.
Modernizing Divorce in Courts: How to Realize Justice in Diverse Geographical Conditions? Lisnawati, Lisnawati; Ahmad, Sabarudin; Safrut, Bariah
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11836

Abstract

The modernization of Islamic family law requires divorce to be carried out in court. However, it causes problems of injustice in its implementation, especially for some people in Central Kalimantan Province. For example, a wide geographical condition makes the location of the court and the community not always easy to reach, which makes it difficult for people to propose and administer divorce through the court. The study aimed to analyze how to realize divorce justice in court in diverse geographical conditions. The study was a juridical-empirical legal study with analysis using the theory of legal objectives and maslahah. The findings showed that divorce in court in its implementation causes injustice, especially in Central Kalimantan Province, due to geographical conditions that make it difficult for people to access the court. The wide area and far distance, and the condition of terrain (broken road) in some areas make the community fall into a dilemma. They must choose the least mudharat (disadvantage/harm). Also, the findings offer optimization of two things that can minimize harm and injustice for the community, namely optimization of the implementation of mobile courts and the use of the e-Court system. The alternative solution is proposed because these two things have limitations in both facilities and infrastructure and their implementation. In addition, it needs to have further study on the idea of isbat talak as another alternative to overcome this problem
Tindak Pidana Penganiayaan terhadap Hewan Perspektif Fikih Jinayah Qamariah, Zannuba; Halimatusyadiah, Halimatusyadiah; Natun, Dwi Us; Ahmad, Sabarudin
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.84

Abstract

Animals are often humans' pets, which are useful for playing, making friends, or acting as guardians. but some people actually use animals, exploit, abuse, and even kill them for certain interests. Currently, the problem of mistreatment of animals is increasingly apprehensive. Through information in various media, cases of mistreatment of animals can be identified. Islam as the majority religion in Indonesia teaches to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems in the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the jarimah ta'zir, in which the level and punishment is determined by the government (ulil amri).
Reconfiguring Justice: Judicial Discretion and the Validation of Underage Marriages in the Modern Era Khotimah, Khusnul; Ahmad, Sabarudin; Suriansyah, Eka
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.11808

Abstract

This research examine the legal reasoning of the judge in Supreme Court decision Number 481 K/Ag/2021 after being declared unacceptable determination or N.O (Niet Ontvankelijk verklaart) in Ujung Tanjung Religious Court Order Number 14/Pdt.P/2021/PA.Utj. This research aims to find out the legal reasoning of the judge in granting the appeal for cassation of underage marriage isbat in Supreme Court Decision Number 481 K/Ag/2021 and analyzing from Islamic law review. The type of research used in this research is normative legal research with a statutory approach and a case approach. This research examines and studies various literature sourced from secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The method of analysis used is descriptive analytical. The results in this study show: (1) The judge in his decision has applied freedom in examining and deciding cases, in Supreme Court Decision No. 481 K/Ag/2021 the judge considered that the petitioners had fulfilled the conditions and pillars of marriage according to Islamic law, and for the sake of legal certainty and protection, the judge felt that there were sufficient reasons to grant the cassation request. (2) The judge has fulfilled the purpose of maṣlaḥah, which is to maintain primary needs or maintenance of basic human elements in accordance with the objectives to be achieved in maṣlaḥah ḍarūriyah.
Bapalas as Alternative Dispute Resolution of Fighting on Muslim Dayak Community in Muara Teweh, Central Kalimantan Helim, Abdul; Ahmad, Sabarudin; Padlianor, Padlianor
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.12379

Abstract

This study discusses the tendency of the Muara Teweh Muslim Dayak community, who prefers bapalas in resolving fighting disputes over other legal remedies. Bapalas is a traditional dispute resolution of fights with the help of mantir and community leaders and is attended by the families of both parties. In the Dayak community, there are various bapalas, such as midwives bapalas, marriages bapalas, births bapalas, death bapalas, and fights bapalas. This research focuses on studying the fight bapalas as an alternative dispute resolution for fights in the community. Fighting is part of criminal law, usually resolved through litigation by repressive settlements. However, it is different in the Muslim Dayak community in Muara Teweh. They prefer to settle the dispute through this bapalas tradition. The research was conducted using empirical legal research methods using an Islamic law approach. The theory used is the theory of ‘urf and the concept of iṣlāḥ in Islam. The study result indicates that the Muslim Dayak community in Muara Teweh prefers this settlement because, first, it has become customary law that has been passed for generations. Second, bapalas minimize the grudges between the conflicting parties. Third, compared to other resolutions, primarily through litigation, bapalas are much easier dan more effective in resolving conflicts, especially in terms of time. This dispute resolution model aligns with Islamic law according to 'urf and the concept of Islam.‘Urf can be a source of law as long as it does not conflict with sharia and is in line with the sadd al-żarī‘ah method, which means if the customs in society can prevent or block the harm, then it is allowed. It is also in line with the concept of iṣlāḥ that bapalas is a conflict resolution method that can eliminate and stop hostility and conflict between humans.  
Between Theoretical Sharia and Practical Realities: A Critical Analysis of Interfaith Marriage in Classical Texts and Contemporary Legal Contexts Nasrulloh, Muhammad; Witro, Doli; Baskoro, Aji; Ahmad, Sabarudin; Ermawan, Muhammad Zakky Ubaid; Alghani, Raid
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): June
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.1.1-35

Abstract

Islamic law does not categorically prohibit all forms of interfaith marriage. However, this permissibility requires critical re-examination in light of contemporary socio-legal realities. In the Indonesian context, the increasing occurrence of interfaith marriages, compounded by the issuance of Supreme Court Circular (SEMA) No. 2 of 2023, which explicitly prohibits their recognition, raises urgent questions regarding the relevance and applicability of classical Islamic legal doctrines in modern legal systems. This article explores whether the permissibility of interfaith marriage in Islamic law is both theoretically coherent and practically feasible, or whether it remains a doctrinal ideal with limited applicability in real-world contexts. Utilizing a normative legal methodology that incorporates conceptual, statutory, and historical approaches, and employing a contemporary fiqh-based analysis, the study argues that the marriage of a Muslim man to a Christian or Jewish woman (ahl al-kitāb) remains valid under classical Islamic jurisprudence (fiqh). Nevertheless, such permissibility should not be generalized as a communal norm, especially within Muslim-majority societies. Instead, interfaith marriages should be addressed on a case-by-case basis, particularly in exceptional circumstances, such as in non-Muslim majority societies where access to Muslim partners is severely limited, including certain localities in Indonesia. The findings highlight the significance of contextual legal reasoning (ijtihād) and the discretionary application of Islamic legal norms in accommodating interfaith marriages within Indonesia's pluralistic legal and social framework.
Kebijakan Dinas Perhubungan Kota Palangkaraya Dalam Penertiban Juru Parkir Liar Perspektif Siyasah Syar’iyah Adnan, Muskhan; Syarifuddin, Syarifuddin; Ahmad, Sabarudin
Kamaya: Jurnal Ilmu Agama Vol 8 No 3 (2025)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/kamaya.v8i3.4740

Abstract

The development and enforcement of parking regulations in Palangka Raya is an ongoing effort aimed at increasing local revenue. To prevent the rise in illegal parking violations, the Palangka Raya City Transportation Agency is taking enforcement action. This research was conducted in Palangka Raya City using the Normative legal research method and Empirical legal research, as well as a descriptive qualitative approach. The results of this study indicate that parking supervision in the city of Palangka Raya has been running although not optimally, parking supervision is carried out by forming a special team that will supervise, monitor and control in the field every day and involve other agencies. as well as creating new innovations by including a fast and accurate supervision system using the Si-Takir application (Parking Arrangement System) to improve parking management and accountability, as well as public complaint tools. The Retribution Management System Based on Palangka Raya Mayor Regulation No. 24 of 2022 in organizing parking on the side of public roads can be managed directly by the Palangka Raya City Regional Government and/or can collaborate with individuals and/or business entities. Before the cooperation of individuals or business entities, the Palangka Raya City Regional Government through the Palangka Raya City Transportation Agency conducts a parking potential survey and makes technical considerations. Obstacles that can hinder and support the Palangka Raya City Transportation Agency in implementing the regulation of illegal parking violations on the road are weak citizen participation in maintaining order, or resistance to changes related to the values of discipline and collective responsibility, reflection of social ethics, public policy without the support of the community's moral culture will be difficult to implement optimally. From a sharia perspective, illegal parking management can be seen as a government policy, implemented through the Palangka Raya City Transportation Agency, aimed at realizing public welfare and preventing harm. The government has a responsibility to regulate and regulate public spaces, including roads and parking facilities. Controlling illegal parking is part of this responsibility.
Babilangan in the Marriage Traditions of the Banjar Community in South Kalimantan: A Legal Pluralism Perspective Helim, Abdul; Ilmi, Muhammad; Ahmad, Sabarudin; Vennovary Benevolent, Wafid Syuja’
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/9tr8na63

Abstract

Babilangan is an effort by the people of South Kalimantan to find out a person's compatibility with their potential partner, before getting married. However, in North Hulu Sungai Regency, Babilangan has been responded to with prolonged pros and cons. The main problem studied in this research is the practice of babilangan in pre-wedding Banjar communities in South Kalimantan. This research uses empirical legal methods with a legal pluralism approach. Data was collected by means of in-depth interviews and literature study. The informants interviewed were religious leaders, traditional and community leaders, while the literature study referred to journal articles, books and supporting references. This research concludes that although there are pros and cons to Babilangan, they are resolved using al-jam'u wa at-taufiq and legal pluralism. The way Babilangan works and the dialogue with other scientific theories means that Babilangan's function today is relevant as research through inner channels into the profile of a potential household partner. If we refer to the theory of legal pluralism, then babilangan is in accordance with Islamic law because it has mashlahat value and no legal violations have been found, in fact, babilangan can be categorized as 'urf sahih, namely a custom that is acceptable by the Islamic law. Its function is as part of a prediction regarding the profile of a prospective partner before the marriage takes place, which can still be used today. Meanwhile, in customary law, the Babilangan tradition is a cultural practice with the aim of a happy marriage and physical and spiritual prosperity.
The Dynamics of Rights and Obligations in Long-Distance Marriages: An Islamic Law Perspective on a Case Study in Palangka Raya City Rizky, Ghina Aulia; Syaikhu, Syaikhu; Ahmad, Sabarudin
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.467

Abstract

Long-distance marriage presents serious challenges to the fulfillment of spousal rights and obligations, potentially triggering conflict and household disintegration. This study aims to conduct an in-depth analysis of these dynamics through a qualitative-empirical case study of a couple in Palangka Raya City. Data were collected through in-depth interviews, observation, and documentation, and subsequently analyzed interpretively using the frameworks of the Compilation of Islamic Law and Maqāṣid al-Syarī’ah. The key finding of this research reveals that the husband’s sustained failure to fulfill his obligation of financial support triggered an extreme role reversal, wherein the wife became the sole financial provider. This imbalance became the root of communication erosion, the creation of emotional distance, and the accumulation of conflicts culminating in divorce. It is concluded that the marital disintegration was not caused solely by physical distance; the primary factor was the couple’s inability to renegotiate their roles and responsibilities equitably. This situation, both juridically and philosophically, contradicts the principles of justice and benefit in Islamic family law. This research contributes fundamental empirical data to the contemporary discourse on fiqh concerning modern marriage.
THE ROLE OF THE KATINGAN REGENCY GOVERNMENT TOWARDS ILLEGAL GOLD MINERS IN HAMPALIT VILLAGE Novi Lidiyasari; Surya Sukti; Sabarudin Ahmad
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i6.3507

Abstract

The rise of Unlicensed Gold Mining (PETI) activities in Hampalit Village, Katingan Regency, has created an environmental crisis and complex socio-economic dilemmas. Regional policies such as Katingan Regent Regulation No. 44 of 2023 have not been able to effectively overcome this problem, mainly because of the community's dependence on mining as the main livelihood and the limited regional authority after the enactment of the Minerba Law. Using empirical and sociolegal legal approaches, this study examines the dynamics of the policy and its implementation through literature studies, legal documentation, and in-depth interviews with the Environmental Agency, community leaders, law enforcement officials, and local miners. The results show that despite efforts to curb mining and environmental rehabilitation programs, weak synergies between levels of government and the lack of viable economic alternatives are the main obstacles. A sustainable strategy that includes the establishment of a People's Mining Area (WPR), local economic empowerment, and more adaptive regulatory coordination between local, provincial, and central governments is needed to create a fair, legal, and environmentally friendly solution to PETI practices in this region.
Co-Authors Abdul Helim Abdul Khair Adnan, Muskhan Ahmidi, Ahmidi Alghani, Raid Arifa, Herfina Nur Awaliyyah, Annisa Tri Baskoro, Aji Emzaed, Ali Murtadho Ermawan, Muhammad Zakky Ubaid Faida, Roijatul Fathkur Rhozi, Arista Fitri Purwanti Hafifah, Wafiq Halimatusyadiah, Halimatusyadiah Hamdi, Fahmi Helmina, Helmina Hotija, Siti Nur Husain, Muhammad Zidni Ihsan, Reza Noor Ilmi, Muhammad Iskandar Dzulkarnain Jamilah Jayanti, Irma Khairil Anwar Khairil Anwar Khoirul Hidayat khusnul khotimah Koko Joni Kumalasari, Mai Ratih Lisa Andriani Lisnawati Lisnawati Lucia, Waredayani Anisa Magfirah, Al-Khalifi Nazila Mahmuda, Mutiarani Manahim, Bisma Nurillah Mariadi Mariadi, Mariadi Maulana, Achmad Muhammad Luthfi Muhammad Luthfi Setiarno Putera Mulayadi, Mulayadi Muslimah Muslimah muslimah Nasrulloh, Muhammad Natun, Dwi Us Nor Harika Novi Lidiyasari Novita Anggraeni Orisa Febriana Padlianor, Padlianor Pambudi, Andrian Kukuh Purwitasar, Elvina Qamariah, Zannuba Rahman, Alief Aulia Rahmatiah Rahmatiah Retno Indriartiningtias Rina Rina Rizky, Ghina Aulia Roby, Roby Safrudin Safrudin Safrut, Bariah Siti Khairun Nisa Suhartatik Suhartatik Suriansyah, Eka Surya Sukti Syaikhu Syaikhu Syaikhu, Syaikhu Syarifuddin Syarifuddin Ulin Nuha, Ulin Vennovary Benevolent, Wafid Syuja’ Wahyuda, Muhammad Witro, Doli Zainap Hartati, Zainap