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All Journal Wawasan : Jurnal Ilmiah Agama dan Sosial Budaya Literatus Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Elsyakhshi
Daharis, Ade
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam Daharis, Ade; Putra, Deri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2492

Abstract

The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.
The Reunion as a Catalyst for Divorce: A Case Study of the Padang Religious Court, Indonesia Halim, Syaflin; Asmaret, Desi; Mursal, Mursal; Daharis, Ade; Hebondri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9752

Abstract

The occurrence of reunions has been recognized as a contributing reason to the increasing divorce rates in Padang City, with evidence of infidelity frequently associated with these gatherings. This paper examines the research gap about the function of reunions in divorce proceedings within the Religious Court jurisdiction of Padang City. The main aim is to investigate the impact of Islamic legal principles on divorce cases prompted by considerations connected to reunion. The study use a descriptive qualitative methodology to collect empirical data from real-world examples for comprehensive examination. This research distinctly emphasizes the convergence of social activities, such reunions, with legal and theological contexts, providing innovative insights into their role in marital strife. The results suggest that reunions may serve as a catalyst for marital breakdown, especially when preexisting relational difficulties are present. Court proceedings frequently exhibit elevated emotional tension, with judges and legal practitioners crucially responsible for upholding civility. Mediation efforts are often impeded by mistrust arising from reunion situations. Nonetheless, the application of Islamic law principles, including the prevention of harm and the promotion of justice, provides fair resolutions for both parties while striving to uphold the sanctity of marriage when possible. This research enhances the debate by recognizing reunions as a distinct and consequential social catalyst in divorce cases and suggesting Islamic legal strategies to alleviate their effects. These findings offer a novel viewpoint for policymakers and legal professionals to tackle rising issues in family law.
Five Husbands' Negligence in Fulfilling Their Child Maintenance Obligations after Divorce: A Phenomenological Study in a Muslim Community Purnanda, Defri; Burhanuddin, Burhanuddin; Hamdi, Isnadul; Daharis, Ade
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.65

Abstract

One of the phenomena that often occurs after the divorce of a husband and wife is related to the fulfillment of child support by the husband. Typically, the husband is still obligated to provide child support to ensure that the child’s rights are properly met. However, in Muslim communities, there are still cases where husbands do not fulfill this responsibility, creating a polemic for the children and wives left behind. Therefore, this study aims to explore the phenomenon within Muslim communities related to the issue of a husband's responsibility for child support after divorce. This research uses qualitative methods with a phenomenological approach. Data were collected through individual interviews with fourteen informants, consisting of three husbands, six wives, and five family members. All informants were selected using a snowball sampling technique, and data were analyzed using the Miles & Huberman technique. Overall, the research findings reveal five types of negligence by husbands regarding child maintenance after divorce. The types of negligence include: i) the husband remarries and subsequently neglects his responsibility to provide for the child, ii) loss of communication with the family due to relocation, iii) financial instability, iv) lack of commitment to fatherly responsibilities, and v) shifting the full burden of child maintenance to the wife. These findings serve as a lesson and a strong moral message for Muslim communities, especially for divorced husbands, about the importance of responsibility and commitment in fulfilling child support obligations after divorce.
Partial Reality in Local Modern Indonesia: Interethnic Marriage Preferences among Young Minangkabau Migrants in Yogyakarta Azwar, Zainal; Armi, Mhd. Ilham; Daharis, Ade; Febria, Thomas; Aryanti, Yosi
Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya Vol 9 No 2 (2024)
Publisher : the Faculty of Ushuluddin, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jw.v9i2.36629

Abstract

The preference for same-ethnic marriage in Minangkabau society is an ideal marriage pattern to preserve customs and traditions in the customary marriage system. This preference changes when juxtaposed with the tradition of migration by the Minangkabau society, which influences other preferences (interethnic) in the customary marriage system. This research explores interethnic marriage preferences among young Minangkabau migrants in Yogyakarta, an area with cross-cultural characteristics. This research hypothesises that migration influences interethnic marriage preferences among young Minangkabau migrants in Yogyakarta. This research utilises a quantitative-explanative method, and data were collected through a Likert scale questionnaire and literature on Minangkabau marriage culture and traditions. The research involved 100 single Minangkabau migrants aged 19-24 in Yogyakarta as respondents April 20, 2024, to May 6, 2024. Simple linear regression analysis and social reality construction were used as data analysis techniques. The results showed a significant influence of migration on interethnic marriage preferences among young Minangkabau migrants in Yogyakarta, with a regression coefficient of 0.307 and a significance level of 0.002 (p < 0.050). This finding indicates that an increase in the migration variable correlates with an increase in interethnic marriage preference (dependent variable). In terms of social reality, this finding shows the emergence of a partial reality in customary marriage preferences resulting from secondary socialisation internalised by young Minangkabau migrants in Yogyakarta.
Analysis of the Use of Technology from the Perspective of Islamic Family Law in Era 4.0 Daharis, Ade; Rizal, Deri; Stiawan, Thoat; Iskandar, M. Yakub
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.31

Abstract

Industrial revolution 4.0. causing a shift in lifestyle from a social, religious pattern to a materialistic and secular individual pattern. Apart from that, the cultural sector has been disrupted due to the development of social media which has reconstructed the cultural structure of society. Social relations between communities are now more closely established in the virtual world, so that relationships in the real world have become relative. This results in a lack of direct communication with family members because they focus on seeking their own pleasure. In the era of the industrial revolution 4.0, parents have also given gadgets to their children aged around 4-6 years. This research uses a social approach method and structural functionalism as its theory. The results of the research are that families do not reject revolution and use technology to help their daily lives. Apart from that, there are implications of structural functionalism theory with the occurrence of disruption in the era of the industrial revolution, especially in the social and cultural fields of society. The Industrial Revolution Era 4.0 is an era where various things in life are filled with sophisticated technology. Several families that the author studied have used technology produced by the industrial revolution 4.0. They use it in their daily lives so that it is felt as a need and urgency. As a result, there is a shift in perspective and lifestyle in society in various areas of life, one of which is social and cultural, resulting in disruption. The disruption process has gone through a process of externalization, objectification and internalization as per the theory of structural functionalism so that both are relevant.
The Reunion as a Catalyst for Divorce: A Case Study of the Padang Religious Court, Indonesia Halim, Syaflin; Asmaret, Desi; Mursal, Mursal; Daharis, Ade; Hebondri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9752

Abstract

The occurrence of reunions has been recognized as a contributing reason to the increasing divorce rates in Padang City, with evidence of infidelity frequently associated with these gatherings. This paper examines the research gap about the function of reunions in divorce proceedings within the Religious Court jurisdiction of Padang City. The main aim is to investigate the impact of Islamic legal principles on divorce cases prompted by considerations connected to reunion. The study use a descriptive qualitative methodology to collect empirical data from real-world examples for comprehensive examination. This research distinctly emphasizes the convergence of social activities, such reunions, with legal and theological contexts, providing innovative insights into their role in marital strife. The results suggest that reunions may serve as a catalyst for marital breakdown, especially when preexisting relational difficulties are present. Court proceedings frequently exhibit elevated emotional tension, with judges and legal practitioners crucially responsible for upholding civility. Mediation efforts are often impeded by mistrust arising from reunion situations. Nonetheless, the application of Islamic law principles, including the prevention of harm and the promotion of justice, provides fair resolutions for both parties while striving to uphold the sanctity of marriage when possible. This research enhances the debate by recognizing reunions as a distinct and consequential social catalyst in divorce cases and suggesting Islamic legal strategies to alleviate their effects. These findings offer a novel viewpoint for policymakers and legal professionals to tackle rising issues in family law.
Peranan Orang Tua dan Ninik Mamak Sebelum Perkawinan di Nagari Sibarambang dalam Perspektif Hukum Islam Daharis, Ade; Putra, Deri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2492

Abstract

The research background is that parents and Ninik Mamak Ampek Jinih in Nagari Sibarambang in Nagari Sibarmabang, where parents and Ninik Mamak play a role in managing the administration of the marriage of the prospective bride and groom who want to get married where in managing the administration of marriage. This type of research is field research using qualitative research methods. The research was conducted in Nagari Sibarambang, X Koto Diatas District, Solok Regency. Primary data sources are parents who are going to marry off their children, the bride and groom, and Ninik Mamak Ampek Jinih in Nagari Sibarambang. Data collection techniques are observation, interviews, and documentation. The results of the study show that (1) The role of parents and Ninik Mamak before the wedding in Nagari Sibarambang is not only a mere witness but has a very important role from the administration of marriage to walimah of marriage, and in terms of the conditions that may become guardians of marriage are parents and Ninik Mamak as witnesses wedding. The law of marriage carried out by married couples in Nagari Sibarambang can be classified into 3, namely obligatory, sunnah and mubah.
Jaminan Hak Nafkah Anak dalam Hukum Keluarga Islam Daharis, Ade
LITERATUS Vol 5 No 2 (2023): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v5i2.1471

Abstract

This research was motivated by the negligence of a father regarding his obligation to provide support for his children after a divorce. The Marriage Law and the Compilation of Islamic Law state that child support is the obligation of a father. Divorce does not result in the loss of a father's obligation to provide support for his children. This research uses qualitative field research methods. The data sources used include primary sources in the form of interviews with divorced married couples. Secondary data sources include books, journals about divorce and post-divorce child support as well as statutory regulations. Data collection techniques were carried out by interviews. The analysis technique used is data management and data transcription.
Peran dan Kedudukan Perempuan dalam Keluarga Menurut Hukum Islam: Kajian Kritis Terhadap Praktik Kontemporer Daharis, Ade
LITERATUS Vol 5 No 2 (2023): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v5i2.1475

Abstract

This research conducts a nuanced examination of women's roles within Islamic families by dissecting the intersection of Islamic doctrine and modern societal practices. Utilizing an in-depth qualitative literature review, this study scrutinizes the application of gender equality as postulated in Islamic jurisprudence vis-à-vis the evolving socio-economic milieu. The findings reveal that while Islamic law inherently endorses gender parity, its practical execution is often skewed by the interplay of cultural customs and localized traditions. Key insights point to specific cultural practices and regional interpretations of Islamic law that have historically marginalized women's roles in familial hierarchies. Examples include inheritance customs in certain regions that deviate from Quranic stipulations, as well as the societal expectations placed on women to forgo professional aspirations for domestic responsibilities. These cultural impositions are juxtaposed with the Islamic principles of equity, often leading to a dichotomous existence for women who strive to fulfill their roles within the family while adhering to their faith. The methodology encompasses a comparative analysis of canonical Islamic texts and field studies from diverse Islamic societies, providing a comprehensive perspective on the disparities between scriptural teachings and lived experiences. The study also interrogates the shifts in gender roles precipitated by increased access to education for women, resulting in a reconfiguration of traditional family structures and the emergence of new challenges. Policy implications drawn from this research underscore the necessity of educational reform and advocacy that promote the reconciliation of religious tenets with contemporary gender norms. The recommendations advocate for the integration of gender-sensitive pedagogy within religious education, as well as community outreach programs that aim to align societal perceptions with the egalitarian ethos of Islam. In essence, this research delineates a complex tapestry of faith, culture, and gender, offering a substantive foundation for strategies aimed at fostering gender equality and justice within Islamic families.
Co-Authors Armi, Mhd. Ilham Aryanti, Yosi Asmaret, Desi Azwar, Zainal Burhanuddin Burhanuddin Febria, Thomas Halim, Syaflin Hamdi, Isnadul Hebondri Iskandar, M. Yakub Mursal Mursal Purnanda, Defri Putra, Deri Rizal, Deri Thoat Stiawan