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All Journal Briliant: Jurnal Riset dan Konseptual Haqqiyyah: Journal of Islamic and Legal Studies
Mochammad Arifin
Universitas Nahdlatul Ulama Blitar
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Peran Penyuluh Agama Islam dalam Pencatatan Nikah di KUA Mochammad Arifin; Slamet Slamet; M. Abdul Hakim
BRILIANT: Jurnal Riset dan Konseptual Vol 11 No 1 (2026): Volume 11 Nomor 1, Februari 2026
Publisher : Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/briliant.v11i1.2245

Abstract

Marriage registration is not merely an administrative procedure but a legal instrument that determines the formal validity of a marriage and serves as the foundation for protecting the civil rights of spouses and children within the national legal system. Legal issues arise when the limited number of Marriage Registrars (Pegawai Pencatat Nikah/PPN) at the Office of Religious Affairs (KUA) leads to the involvement of Islamic Religious Counselors in the marriage registration process, even though the normative authority to register marriages is formally vested in the PPN. This study aims to analyze the legal standing of Islamic Religious Counselors in the KUA of Kanigoro District and to examine whether the authority exercised is attributive, delegative, or merely administrative in nature. The research employs a qualitative case study combined with a normative-empirical juridical approach. Data were collected through interviews, observations, and document analysis, and interpreted using statutory and conceptual approaches. The findings indicate that the involvement of Islamic Religious Counselors is administrative-assistive and lacks an explicit attributive or delegative legal basis under Law No. 1 of 1974 and Minister of Religious Affairs Regulation No. 20 of 2019, underscoring the need for clearer regulatory mechanisms to prevent administrative defects affecting legal validity.
Legitimacy of Islamic Law on the Khataman Al-Qur'an Tradition in the Bangai Village Community Cemetery Aflah Agan Hasibuan; Mochammad Arifin; Aswar
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 2 No. 1 (2026): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v2i1.218

Abstract

This study examines the legitimacy of Islamic law against the tradition of khataman Al-Qur'an in cemeteries carried out by the people of Bangai Village, Torgamba District, South Labuhanbatu Regency, for three days and two nights after the funeral. This research is an empirical legal research with a case and historical approach, where primary data is obtained through direct observation and in-depth interviews with local religious leaders, while secondary data is excavated from jurisprudence literature, hadith, and relevant classical books. The findings of the study show that this tradition has been going on since the time of Sheikh Maksum Hasibuan, the founder of the Tarbiyah Islamiyah Islamic Boarding School, and is carried out in turn with a juz distribution system through lotteries, which then ends with a joint prayer on the third day. From the perspective of Islamic law, this tradition has a strong normative foundation, both through hadith that advocates the recitation of the Qur'an at the grave and the opinions of mu'tabarah scholars such as Imam Nawawi, Imam Zainuddin Al-Malibary, and Ibn Hajar Al-Haitami who state the sunnah of reciting the Qur'an in the cemetery and the arrival of the reward of reading the Qur'an to the deceased. In addition, because it has been cultured for generations and does not contradict the principles of sharia, this tradition can be categorized as 'urf sahih which is loaded with beneficial values. Thus, the Qur'an khataman in the cemetery of the people of Bangai Village has legitimacy in Islamic law and can be seen as a living form of Islamic law that lives and develops in the community.
Co-Authors Aflah Agan Hasibuan Aswar M. Abdul Hakim Slamet slamet