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All Journal Al-'Adalah Al-Ihkam: Jurnal Hukum dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Potret Pemikiran Al-Mujtahid: Journal of Islamic Family Law Indonesian Journal of Shariah and Justice Al-Istinbath: Jurnal Hukum Islam Antmind Review: Journal of Sharia and Legal Ethics
Bilalu, Naskur
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Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Pewarisan Tradisional dalam Masyarakat Muslim: Analisis Hukum Adat Suku Tengger dari Perspektif Islam Widiatmoko, Kukuh; Bilalu, Naskur; Lamaluta, Fani
Al-Mujtahid: Journal of Islamic Family Law Vol 3, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v3i2.1960

Abstract

 This study details the inheritance system prevalent in the Muslim community of the Tengger tribe while conducting a thorough analysis of customary law from the perspective of Islam. Using a qualitative descriptive design approach, this research summarizes a series of observations and interviews conducted directly by the researcher. The main findings assert that the inheritance process in the Tengger tribe does not adhere to Islamic law principles but is instead based on local customary legal rules. Within the framework of Tengger customary law, the role of parents is central in regulating the distribution of wealth, the amount of inheritance, and gifts to heirs. This indicates that traditional values substantially influence the regulation of inheritance in this community, demonstrating the complexity of social structures and the sustainability of traditions in the context of their adherence to Islam in general. This analysis opens up a deeper understanding of the dynamics between customary law and Islamic teachings in the specific context of the Tengger tribe, emphasizing their relevance in understanding inheritance and property rights within the community.Keywords: Customary Inheritance; Tengger Muslims; Islamic Law.  ABSTRAK Kajian ini merinci sistem pewarisan yang berlaku di masyarakat Muslim suku Tengger, sambil menjalankan analisis mendalam terhadap hukum adat yang terperinci dari perspektif Islam. Dengan menggunakan pendekatan desain deskriptif kualitatif, penelitian ini merangkum serangkaian observasi dan wawancara yang dilakukan secara langsung oleh peneliti. Temuan utama menegaskan bahwa proses pewarisan di suku Tengger tidak mengacu pada prinsip-prinsip hukum Islam, tetapi justru berdasarkan aturan hukum adat setempat yang kental. Dalam kerangka hukum adat Tengger, peran orang tua memegang peranan sentral dalam pengaturan pembagian harta, besaran bagian, dan pemberian kepada para ahli waris. Hal ini mengindikasikan bahwa nilai-nilai tradisional secara substansial mempengaruhi regulasi pewarisan harta di lingkungan masyarakat ini, menunjukkan kompleksitas struktur sosial dan keberlanjutan tradisi dalam konteks agama Islam yang mereka anut secara umum. Analisis ini membuka ruang pemahaman yang lebih mendalam terkait dinamika hubungan antara hukum adat dan ajaran Islam dalam konteks spesifik suku Tengger, menggarisbawahi relevansinya dalam pemahaman tentang pewarisan harta dan hak-hak waris di dalam komunitas tersebut. 
Adaptation of Islamic Law through Gotong Royong Tradition in Minority Communities of Tomohon and Tana Toraja Bilalu, Naskur; Jamal, Ridwan; Subeitan, Syahrul Mubarak; Purwadi, Wira; Gómez, José Manuel Naranjo
Potret Pemikiran Vol 28, No 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v28i2.3266

Abstract

This research explores the adaptation of Islamic law through local wisdom, particularly the gotong royong tradition, in Muslim minority communities in Tomohon and Tana Toraja. Using a qualitative approach and case study method, the research involved 20 informants, including Islamic religious leaders, traditional leaders, and active Muslim community members. The findings show that the gotong royong tradition facilitates the practice of Islamic law in marriage, zakat management, and religious celebrations by integrating the values of inclusivity and local cultural solidarity. Harmony is created through intensive dialogue between Islamic and Christian religious leaders, strengthening interfaith relationships. Adjustments, such as the use of moderate adhan volume and distribution of zakat to all levels of society regardless of religion, serve as tangible evidence of this adaptation. This research contributes to the development of Fiqh Nusantara, demonstrating the flexibility of Islamic law that can align with local culture while supporting social inclusion. Practically, these results provide insights for policymakers to design policies that support religious harmony in multicultural regions. This research affirms that Islamic law not only maintains its essential teachings but can also become an integral part of pluralistic society. The implications of this research open opportunities for further studies on the harmonization of Islamic law in other minority communities.
THE EFFECTIVENESS OF SIMKAH IN ENHANCING SERVICES AT THE OFFICE OF RELIGIOUS AFFAIRS IN MANADO CITY Subeitan, Syahrul Mubarak; Kartoredjo, Ireniza; Sarib, Suprijati; Yusuf, Nasruddin; Bilalu, Naskur
Indonesian Journal of Shariah and Justice Vol. 4 No. 2 (2024)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v4i2.144

Abstract

The development of information technology presents opportunities for government institutions to enhance the quality of public services, including marriage administration. This study aims to analyze the effectiveness of implementing the Marriage Management Information System (SIMKAH) at the Office of Religious Affairs (KUA) in Wenang District, Manado City, in improving the efficiency, accuracy, and transparency of marriage registration. This research employs a qualitative descriptive method with a normative-empirical approach, where data is collected through direct observation and in-depth interviews with the Head of KUA, marriage registrars, and SIMKAH operators. The findings reveal that SIMKAH facilitates marriage registration and supports data integration with the Civil Registry Office (DUKCAPIL) to verify the identities of prospective brides and grooms, thereby reducing the risk of data manipulation. Additionally, using SIMKAH accelerates data access, enhances transparency, and contributes to better administrative governance in the KUA. Implementing SIMKAH in the Wenang District KUA has significantly improved the quality of marriage registration services, making SIMKAH an efficient and reliable system for supporting digital-based marriage administration.
Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia Bilalu, Naskur; Jamal, Ridwan; Harun, Nurlaila; Subeitan, Syahrul Mubarak
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (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.v6i2.12441

Abstract

This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.
Analysis of Inheritance Restrictions in Islamic Law: Slander in the Perspective of Qiyas Musawi and Legal Istinbath Makka, Misbahul Munir; Saleh, Muhammad; Mamonto, Feraningsih; Yusuf, Nasruddin; Bilalu, Naskur
Antmind Review: Journal of Sharia and Legal Ethics Vol. 1 No. 1 (2024): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/66jg0f10

Abstract

This study discusses slander in the context of inheritance according to Islamic law, especially in the context of inheritance restrictions from the perspective of Qiyas Musawi and Istinbath. The focus is on the issue of interfaith inheritance that is increasingly important in contemporary Islamic legal thought. The debate over the division of inheritance between non-Muslim heirs and the principles of traditional Islamic law is in the spotlight. This research uses an in-depth literature analysis method of relevant Islamic Legal sources to understand the views and solutions proposed by him. The results highlight the complexity and tension between traditional views of scholars and challenging contemporary perspectives, particularly in the context of Indonesia's religiously diverse society. This study provides a deep understanding of the issue of interfaith inheritance in Islamic law, investigating the perspectives of Qiyas Musawi and Istinbath, as well as their implications in the context of inheritance law in Indonesia.
Reevaluating Inheritance Distribution in Indonesia: The Role of Hibah as a Preventive Measure Bilalu, Naskur; Bukido, Rosdalina; Subeitan, Syahrul Mubarak; Zakariah, Asril Amirul
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.12530

Abstract

This study examines the understanding of wealth distribution during the testator's lifetime under Article 187, paragraphs (1) and (2) of the Compilation of Islamic Law. The purpose is to understand the distribution of wealth during the testator's lifetime and the construction of the implementation of wealth distribution during the testator's lifetime as a legal option. This research employs a qualitative approach using juridical-normative methods. The data sources consist of articles in the Compilation of Islamic Law (KHI) that regulate Islamic law in Indonesia. The findings reveal that understanding wealth distribution during the testator's lifetime is a legal option based on two considerations: first, wealth distribution after the testator's death may lead to conflicts; second, it may cause unfairness among heirs. The construction of wealth distribution implementation involves three aspects: 1) verifying the estate of the deceased, 2) validating the expenses incurred by the testator, and 3) distributing wealth to the heirs through four legal options, namely: the testator and heirs agree to a settlement, the testator considers gifts previously given to the heirs as part of the inheritance, the testator revokes gifts previously given to their children, and the testator distributes the inheritance according to the provisions of inheritance law.
Mapalus Tradition: North Sulawesi Muslim Society in the Maqashid Syariah Discourse Yusuf, Nasruddin; Usup, Djamila; Tumiwa, Anisa Jihan; Bilalu, Naskur; Isima, Nurlaila
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i1.14025

Abstract

This research explores the alignment and divergence of the principles of Mapalus with Islamic legal and ethical frameworks, contributing to the broader discourse on integrating local wisdom with Islamic values in multicultural societies. Mapalus, a communal tradition rooted in the Christian-majority Minahasan society, has been adopted by the Muslim minority by applying Maqāṣid Syarī’ah principles, particularly in community well-being, justice, and property protection. Through empirical data from interviews with religious leaders and community members, the study highlights how Islamic jurisprudence guides modifications to traditional Mapalus practices, ensuring compliance with religious obligations while preserving core cultural values. The research reveals that while Islamic values of justice, reciprocity, and mutual assistance align with Mapalus' cooperative ethos, certain rituals require adaptation or exclusion to adhere to Islamic law. This integration is facilitated by the involvement of religious leaders, who mediate potential conflicts and help maintain social harmony. The study concludes that Mapalus is a model for successfully integrating local wisdom with Islamic values in a multicultural context, demonstrating the flexibility of cultural practices and religious principles in fostering unity and cooperation across diverse communities.
The Authority of Ex Officio Judges in Protecting Women's and Children's Rights Post-Divorce at the Manado Religious Court Salma, Salma; Subeitan, Syahrul Mubarak; Bilalu, Naskur; Zakariah, Asril Amirul; Muhammad, Adamu Abubakar
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3318

Abstract

This study examines how judges' ex officio authority is applied to secure the rights of ex-wives and children following a divorce at the Manado Religious Court and the challenges judges face in exercising this authority. It focuses on fulfilling iddah alimony, mut'ah, and child support by the ex-husband and applying ex officio authority in divorce cases. Using an empirical legal approach, the research collects data through in-depth interviews, observations, and documentation. Primary data was gathered from interviews with Manado Religious Court judges and relevant parties, while secondary data was sourced from legal literature and regulations. The findings show that, although legal provisions exist to protect the rights of ex-wives and children, their implementation is hindered by social and economic factors, as well as difficulties in enforcing court decisions. Furthermore, ex officio authority is not always consistently applied, with some judges rarely using it or relying solely on trial evidence. Key challenges include claims of financial incapacity by the ex-husband and lengthy, costly execution processes, undermining the effectiveness of fulfilling these rights. The study also reveals the lack of clarity regarding criminal sanctions for ex-husbands neglecting their alimony obligations.
The Role of Masturah Da'wah in Forming a Sakinah Family in The Jamaat Tablighi of Manado City Bilalu, Naskur; Purwadi, Wira; Subeitan, Syahrul Mubarak
al-'adalah Vol 19 No 2 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i2.11268

Abstract

This paper discusses the formation of the sakinah family through the role of da'wah Masturah, a Jamaat Tablighi's program, namely da'wah efforts among women. Because the task of reviving religion lies not only on men but also on women, a sakinah family will be formed when every family member is obedient to Allah SWT. This study aims to determine the role of da'wah Masturah in forming a sakinah family in Jama'ah Tablighin Singkil District, Manado City. This research is field research with a qualitative nature whose data is collected through observation, interviews, and documentation related to the focus of research on the Jama'ah Tablighin Singkil District, Manado City. The results of this study show that da'wah Masturah is very influential in forming a sakinah family in Jama'ah Tabligh in Singkil District, Manado City. There are 3 (three) indicators that da'wah Masturah plays an important role in forming a sakinah family: First, every family member is obedient in carrying out religious orders; Second, husband and wife understand their rights and obligations; and; Third, children are expected to be a pious and/or pious generation
Co-Authors Bukido, Rosdalina Gómez, José Manuel Naranjo harun, nurlaila Jamal, Ridwan Kartoredjo, Ireniza Lamaluta, Fani Makka, Misbahul Munir Mamonto, Feraningsih Muhammad Saleh Muhammad, Adamu Abubakar Mursyid, Salma Nasruddin Yusuf, Nasruddin Nurlaila Isima Purwadi, Wira Salma Salma Sarib, Suprijati Subeitan, Syahrul Mubarak Tumiwa, Anisa Jihan Usup, Djamila Widiatmoko, Kukuh Zakariah, Asril Amirul