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PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF KEPASTIAN HUKUM PASCA TERBITNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 Mahbub Ali, Amum
Ta'dibiya Vol 3 No 2 (2023): Ta'dibiya: Jurnal Agama dan Pendidikan Islam
Publisher : Staisman Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61624/japi.v3i2.57

The purpose of this study is to analyze several regulations related to marriage between people of different religions in Indonesia, especially based on the regulations of Marriage Law No. 1 of 1974 concerning Marriage, Law No. 23 of 2006 concerning Administration and Supreme Court Circular No. 2 of 2023 concerning instructions for judges in order to adjudicate cases of applications for registration of marriages between people of different religions and beliefs. In addition, it is also to explain how the legal certainty of marriage between people is after the issuance of SEMA Number 2 of 2023. Research methods used by analyzing literature data qualitatively through legal and conceptual approaches on legal certainty of marriage between people of different religions. The results showed that Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Marriage does not regulate firmly and clearly about interfaith marriage. Article 2 paragraph 1 of the regulation only states whether or not marriage is valid and not submitted based on the law of their respective religions and beliefs, Article 35 (a) of Law No. 23 of 2006 which is a reference for judges in determining marriage between people of different religions contrary to the marriage law, there is a discrepancy between the two regulations that causes uncertainty in the law of marriage between people of different religions in Indonesia. The issuance of SEMA No. 2 of 2023 provides fresh air in an effort to end the polemic of marriage between interfaith couples in Indonesiaso that there is certainty and similarity in the application of law related to cases of marriage registration applications carried out by couples of different religions, even though the problem of marriage between people of different religions has not ended because article 35 (a) of Law No. 23 of 2006 concerning Administration and its explanation is still valid today.

Manajemen Pendidikan Pada Masa Rasulullah Sampai Khulafau Rasyidin Dan Aplikasinya Di Era Millenial: Manajemen Pendidikan Pada Masa Rasulullah Sampai Khulafau Rasyidin Dan Aplikasinya Di Era Millenial Suheri; Zaenuri; Adindan, Wiwik; Mahbub Ali, Amum; Anshori, Irfan
JURNAL PENDIDIKAN ISLAM AL-ILMI Vol. 7 No. 2 (2024)
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/al-ilmi.v7i2.3500

Educational management that is currently developing contains many crucial problems so that a reflection of ideal educational management is needed. This research aims to find out and understand how education was managed during the time of the Prophet to the Rasyidin Khulafau; and its application in the current era. The method used in this research is a qualitative method. This type of research is descriptive qualitative. Data collection techniques were obtained through interviews and documentation analysis which was not measured by numbers. This research was carried out over a period of 6 months; starting from January 2024 to June 2024. The subjects of this research include students, lecturers and religious figures. Data analysis techniques use the Miles & Huberman model; includes data reduction, data presentation and drawing conclusions. The data validity technique used in this research is the triangulation technique. The results of this research are that someone who is in charge of education must have the characteristics of analyzing, planning, problem solving, predicting. Apart from that, you must also have good management characteristics, measurable targets, optimal processes and appropriate targets. The managerial reflection of the Prophet's time has been continued into the current millennial era; such as only a leader must have a good personality, understand the concept of Islamic education management, understand management strategies, have long-term Islamic education planning, have a strong determination in managing human resources, have the attitude of an educational organizer, have the qualities of a leader and education supervisor.

PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF KEPASTIAN HUKUM PASCA TERBITNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 Mahbub Ali, Amum
Ta'dibiya Vol 3 No 2 (2023): Ta'dibiya: Jurnal Agama dan Pendidikan Islam
Publisher : Staisman Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61624/japi.v3i2.57

The purpose of this study is to analyze several regulations related to marriage between people of different religions in Indonesia, especially based on the regulations of Marriage Law No. 1 of 1974 concerning Marriage, Law No. 23 of 2006 concerning Administration and Supreme Court Circular No. 2 of 2023 concerning instructions for judges in order to adjudicate cases of applications for registration of marriages between people of different religions and beliefs. In addition, it is also to explain how the legal certainty of marriage between people is after the issuance of SEMA Number 2 of 2023. Research methods used by analyzing literature data qualitatively through legal and conceptual approaches on legal certainty of marriage between people of different religions. The results showed that Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Marriage does not regulate firmly and clearly about interfaith marriage. Article 2 paragraph 1 of the regulation only states whether or not marriage is valid and not submitted based on the law of their respective religions and beliefs, Article 35 (a) of Law No. 23 of 2006 which is a reference for judges in determining marriage between people of different religions contrary to the marriage law, there is a discrepancy between the two regulations that causes uncertainty in the law of marriage between people of different religions in Indonesia. The issuance of SEMA No. 2 of 2023 provides fresh air in an effort to end the polemic of marriage between interfaith couples in Indonesiaso that there is certainty and similarity in the application of law related to cases of marriage registration applications carried out by couples of different religions, even though the problem of marriage between people of different religions has not ended because article 35 (a) of Law No. 23 of 2006 concerning Administration and its explanation is still valid today.

Tri Education Center Collaboration in Tackling Juvenile Delinquency in the Era of Globalization Zaenuri, Zaenuri; Jenal, Ujang; Ali, Amum Mahbub; Yansyah, Dedy; Wahyudin, Mohamad
International Journal on Advanced Science, Education, and Religion Vol 7 No 3 (2024): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v7i3.898

Educational responsibility cannot be done unilaterally, it requires collaboration and cooperation of three components which Ki Hajar Dewantara called the three centers of education: family, educational institutions, and society. The three are a complete unit and complement each other. The involvement and role of parents and society in overseeing children's education in the era of globalization is very urgent.This journal aims to discuss the importance of the Three Centers of Education as a solution to overcome the increasing juvenile delinquency in this era of globalization. The writing of this journal uses the library research method, or often also called library study or library research, collecting data from various literatures. The three centers of education equally play an important role in the success of education, which are basically all interrelated and cooperate with each other. The three must indirectly provide close guidance in the education process. The relationship between the three can be seen from: Parents carry out their obligations to educate children in the family, educational institutions facilitate teaching various sciences. knowledge and skills with full support from parents of students, and the community is expected to become a facilitator for students to be able to actualize their knowledge and skills

Tri Education Center Collaboration in Tackling Juvenile Delinquency in the Era of Globalization Zaenuri, Zaenuri; Jenal, Ujang; Ali, Amum Mahbub; Yansyah, Dedy; Wahyudin, Mohamad
International Journal on Advanced Science, Education, and Religion Vol 7 No 3 (2024): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v7i3.898

Educational responsibility cannot be done unilaterally, it requires collaboration and cooperation of three components which Ki Hajar Dewantara called the three centers of education: family, educational institutions, and society. The three are a complete unit and complement each other. The involvement and role of parents and society in overseeing children's education in the era of globalization is very urgent.This journal aims to discuss the importance of the Three Centers of Education as a solution to overcome the increasing juvenile delinquency in this era of globalization. The writing of this journal uses the library research method, or often also called library study or library research, collecting data from various literatures. The three centers of education equally play an important role in the success of education, which are basically all interrelated and cooperate with each other. The three must indirectly provide close guidance in the education process. The relationship between the three can be seen from: Parents carry out their obligations to educate children in the family, educational institutions facilitate teaching various sciences. knowledge and skills with full support from parents of students, and the community is expected to become a facilitator for students to be able to actualize their knowledge and skills

Tri Education Center Collaboration in Tackling Juvenile Delinquency in the Era of Globalization Zaenuri, Zaenuri; Jenal, Ujang; Ali, Amum Mahbub; Yansyah, Dedy; Wahyudin, Mohamad
International Journal on Advanced Science, Education, and Religion Vol 7 No 3 (2024): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v7i3.898

Educational responsibility cannot be done unilaterally, it requires collaboration and cooperation of three components which Ki Hajar Dewantara called the three centers of education: family, educational institutions, and society. The three are a complete unit and complement each other. The involvement and role of parents and society in overseeing children's education in the era of globalization is very urgent.This journal aims to discuss the importance of the Three Centers of Education as a solution to overcome the increasing juvenile delinquency in this era of globalization. The writing of this journal uses the library research method, or often also called library study or library research, collecting data from various literatures. The three centers of education equally play an important role in the success of education, which are basically all interrelated and cooperate with each other. The three must indirectly provide close guidance in the education process. The relationship between the three can be seen from: Parents carry out their obligations to educate children in the family, educational institutions facilitate teaching various sciences. knowledge and skills with full support from parents of students, and the community is expected to become a facilitator for students to be able to actualize their knowledge and skills

Child Adoption and Custody in Islamic Law: A Meta-Analysis And Systematic Review Amum Mahbub Ali
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i01.32

Child adoption remains a complex and sensitive issue within Islamic legal discourse, particularly due to its tension with Western legal frameworks that often permit full adoptive rights, including name changes and inheritance. This study addresses the central problem: how can Islamic law reconcile child protection needs with religious norms that prohibit altering a child’s lineage (nasab)? The research aims to investigate how the concept of kafalah in Islamic jurisprudence serves as an alternative to formal adoption and how Muslim-majority countries navigate the duality between sharia and civil legal systems. Employing a meta-analysis and systematic review approach based on PRISMA guidelines, this study synthesizes 42 peer-reviewed articles from the past decade sourced from Scopus, PubMed, ScienceDirect, Springer, and Wiley. Inclusion criteria focused on works discussing Islamic legal perspectives, national law, and practical implementations of adoption or child custody. The results reveal five dominant themes: the incompatibility of Western-style adoption with classical Islamic fiqh, kafalah as a legal-religious framework, the roles of guardianship (wali), financial support (nafaqah), and inheritance, the legal challenges posed by dual legal systems, and the emerging hybrid models in countries such as Morocco and Indonesia. The findings suggest that while Islamic law strictly preserves genealogical integrity, there is room for innovation through kafalah-based mechanisms that ensure child welfare. This study contributes to both scholarly debate and legal reform by offering an evidence-based understanding of how Islamic norms and child rights can be harmonized in contemporary legal systems.

Relevansi Batas Usia Perkawinan dalam Hukum Islam dan Hukum Positif terhadap Pencegahan Pernikahan Dini di Pandeglang Guntur Gusti Nugraha; Amum Mahbub Ali; Fauzi Rahmat Pamula
JAS : Jurnal Ahwal Syakhshiyyah Vol 7 No 1 (2025): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study examines the phenomenon of early marriage in Pandeglang District, a region with one of the highest rates of child marriage in Banten Province, Indonesia. Rooted in socio-cultural traditions, economic hardship, and low levels of education, early marriage persists despite the revision of Indonesia's Marriage Law through Law No. 16 of 2019, which sets the minimum marriage age at 19 for both genders. Positioned at the intersection of Islamic legal norms and national law, this research explores how early marriage is legitimized or challenged through both religious and state frameworks. Using a qualitative socio-legal approach, data were collected through in-depth interviews with religious leaders, judges, families, and underage spouses, alongside analysis of legal documents and classical Islamic jurisprudence. The findings reveal a gap between legal norms and community practices, where dispensations granted by religious courts often undermine protective legislation. Moreover, interpretations of Islamic law that emphasize baligh (puberty) over psychological readiness contribute to the persistence of early marriage. This study highlights the urgency of contextualizing Islamic legal principles—particularly the maqāṣid al-sharī‘ah—to align with child protection standards in national law, emphasizing that legal harmonization must be supported by educational and cultural transformation at the grassroots level. Keywords: Child Marriage, Islamic Law, Positive Law, Abstrak Penelitian ini mengkaji fenomena pernikahan dini di Kabupaten Pandeglang, sebuah wilayah dengan tingkat pernikahan anak tertinggi di Provinsi Banten, Indonesia. Praktik ini berlangsung karena tradisi sosial-budaya, tekanan ekonomi, dan rendahnya tingkat pendidikan, meskipun Undang-Undang Perkawinan telah direvisi melalui UU No. 16 Tahun 2019 yang menetapkan batas usia minimal perkawinan 19 tahun bagi laki-laki dan perempuan. Penelitian ini berada pada titik temu antara norma hukum Islam dan hukum positif, dengan tujuan memahami bagaimana praktik pernikahan dini dilegitimasi atau ditentang oleh kedua kerangka hukum tersebut. Dengan pendekatan yuridis-sosiologis kualitatif, data dikumpulkan melalui wawancara mendalam dengan tokoh agama, hakim, keluarga, dan pasangan usia dini, serta analisis dokumen hukum dan literatur fiqh klasik. Hasil penelitian menunjukkan adanya kesenjangan antara norma hukum dan praktik masyarakat, di mana dispensasi yang diberikan oleh Pengadilan Agama sering kali melemahkan perlindungan hukum. Selain itu, penafsiran hukum Islam yang menitikberatkan pada baligh dibanding kesiapan psikologis turut memperkuat praktik ini. Penelitian ini menegaskan urgensi kontekstualisasi prinsip hukum Islam khususnya maqāṣid al-sharī‘ah, agar selaras dengan standar perlindungan anak dalam hukum nasional, serta perlunya harmonisasi hukum didukung oleh pendidikan dan transformasi budaya di tingkat akar rumput. Kata Kunci: Pernikahan Anak, Hukum Islam, Hukum Positif

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