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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Parewa Saraq: Journal of Islamic Law and Fatwa Review
Mahmusin, Muhammad Arash bin
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Religion Humanities Social Sciences

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The Legal Discourse of Al-Ādah Muhakkamah on Mappanini Bosi Tradition in Bone Regency Widjaja, Abdi; Mahmusin, Muhammad Arash bin; Abdulrazak, Fahri Asyudi; Nazaruddin, Rezkiawati
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 2, DECEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.39918

Abstract

The inhabitants of Pattiro Village, situated within the Dua Boccoe Subdistrict of Bone Regency, are renowned for their customary practice known as "mappanini bosi." However, it has been observed that adherence to the established rules of this tradition is frequently breached by community members. This research aims to explore the use of mappanini bosi tradition within Bugis society and to examine perspective of Islamic law on the jurisprudential rule of al-ādah muhakkamah. Accordingly, this empirical qualitative research was conducted in Pattiro Village, situated within the Salomekko District of Bone Regency in South Sulawesi Province. The methodology used adopted a synthesis of two theoretical frameworks, namely the reception-exit theory and al-'urf. To achieve the research aim, data were gathered through field studies and literary sources, and subsequently processed and analyzed using reduction, presentation, and conclusion methods. The obtained results showed the significance of mappanini bosi tradition within Bugis community, which was recognized as integral for achieving success in their various endeavors. It was also observed that not all individuals in Pattiro Village actively engage in this custom. Ritual stages of mappanini bosi include the use of leaves, millipede animals, sharpening stones, burning dippers, and underwear. In accordance with this, the fiqh rule al-ādah muhakkamah concerning the practice of mappanini bosi was evaluated in this research. From this evaluation, it was found that some elements deviated from certain Muslim beliefs, but not all aspects contravened mappanini bosi principles. Ritual process comprised the use of specific materials, and intentions, and attributing significance to ritual items believed to influence rainfall. This research urges practitioners of rain-charming ritual and Bugis community to regard mappanini bosi as local wisdom while concurrently respecting Islamic law as an integral component of community life.
Comparison of Judges' Decisions on Isbat Nikah in the Marriage of Minors in the Religious Courts of Bulukumba Tarimana, Sitti Fatimah; Rahmi; Mahmusin, Muhammad Arash bin
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 2 (2023): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v2i2.21

Abstract

Isbat nikah (isbat of marriage) is needed by some people who do not have a marriage book, because with the approval of the Judge's decision, the party applying for isbat can register their marriage book. This study aims to reveal the judge's consideration in deciding the isbat nikah case of marriage of minors at the Bulukumba Religious Court. This empirical research was conducted at the Bulukumba Religious Court. The research approach is juridical-normative by observing the decision. Data collection techniques in this study are interviews, observation and documentation. The results of the study indicate that the Judge's consideration in deciding the Isbat Nikah Case for Marriage of Minors remains based on Law Number 1 of 1974 on the amendment of Law Number 16 of 2019. Whatever the reason for the litigant in applying for Isbat Nikah when violating the existing law, the judge has the right to decide the case accordingly. The causes of child marriage in Bulukumba Regency are caused by a number of factors, including economy, education and socio-culture. Socio-cultural factors are more often used as a reason by perpetrators of early marriage, with following in the footsteps of parents as the most frequently mentioned factor. An understanding of the changes in the age of marriage rules in Indonesia must be socialised so that there are no violations of the marriage law.
Co-Authors Abdulrazak, Fahri Asyudi Nazaruddin, Rezkiawati Rahmi Tarimana, Sitti Fatimah Widjaja, Abdi