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Midodareni Transformation in Jawa Tondano: Cultural Adaptation and Islamic Integration Makka, Misbahul Munir; Djafar, Moh. Ali Akbar; Hasan, Faradila; Kolopita, Abdul Fajri
Potret Pemikiran Vol 28, No 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v28i1.2881

Customs in every place often experience changes because they are flexible. Activities, habits, and religion that impact good or bad moral values can change what occurs. Researchers identify the occurrence of cultural change midodareni; in addition, researchers get the problem of these changes by looking at the side of Islamic law. The research was conducted in Jawa Tondano (Jaton), North Sulawesi Province, with a sociological approach and the concept of sari. Data was collected by interviewing religious leaders and traditional community leaders. The analysis carries out using theory tradition. The findings are that midodareni became one of the traditions that experienced significant changes. This change influences factors of marriage, ethnicity/tribe immigrants who incidentally are the majority of Muslims in the sense that there is the influence of religion, namely Islam, so that the tradition is readjusted so as not to eliminate ancestral heritage and does not conflict with beliefs. In terms of analysis, the practice includes traditional authentic or changes allowed in Islamic teachings; midodareni is one example of a form of development of Islam that adapt to existing rules. So that this custom can be an innovation against other traditions where customary changes if they meet the moral values the local community believes.

The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence Muhammady, Alfian; Kolopita, Abdul Fajri
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.v4i1.2477

This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.

Endogamous Marriages in Kiai Sukorejo's Family: Sufi Social Fiqh Transformation and Implications for Islamic Jurisprudence Mirwan, Mirwan; Firmansyah, Mohammad; Al Munawar, Faishal Agil; Kolopita, Abdul Fajri
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2363

Marriage with the principle of endogamy in the context of arranged marriages, as observed within the family of Kiai Sukorejo in Situbondo, is influenced by religious, cultural, and Sufi tradition factors. The research uses the phenomenological method to delve into the meaning behind the phenomenon. Marriage is regarded as a means to follow the Sunnah of the Prophet, strengthen religious devotion and Faith, reinforce family bonds, and preserve the existence of the Islamic boarding school (Boarding School). Aspects of lineage, religious commitment, and scholarly qualifications take precedence in arranged marriages as an implementation of the concept of kafa'ah in Islamic jurisprudence (Fiqh). The mystical understanding derived from Sufi teachings also affects perspectives and actions in accepting arranged marriages. This research provides a significant contribution to understanding social Sufi jurisprudence (Fiqh) and the practice of endogamous marriages within the context of Islamic boarding schools. The study's findings offer valuable recommendations for developing social fiqh understanding, remarkably grounded in Sufi teachings. It is important to note that this study has a limitation in that it did not involve female informants, which should be a crucial consideration in analyzing and exploring the meaning of arranged marriages.

Cultural and Language Context in Banggai Wedding Ritual: A Hermeneutic Approach Makka, Misbahul Munir; Kolopita, Abdul Fajri; Tumiwa, Anisa Jihan
Indonesian Journal of Shariah and Justice Vol. 4 No. 1 (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.v4i1.97

Wedding rituals occupy a central position in the culture of the Banggai people, Central Sulawesi. The traditional ceremony is full of elements of oral and written traditions that reflect the outlook on life and local wisdom of the Banggai tribe. This paper aims to interpret and understand the traditional wedding ritual of Banggai in the context of its local culture and language through the application of a hermeneutic approach. The research data was sourced from various transcripts and traditional Banggai documents related to the wedding procession, including pantun, syair, prayer, dance, and other traditional practices. These data are then analyzed in depth to uncover the implied meaning behind traditional symbols and texts by always considering the historical background and oral traditions of the Banggai people so that the resulting interpretation is contextual and proportional. The results showed that the traditional Banggai marriage ritual was full of philosophical content and represented the values and views of life upheld by the community. This ritual also acts as a medium for cultural regeneration and transfer of knowledge passed down between generations. With a comprehensive meaning, this study hopes to enrich readers' insights about the nature and essence of the Banggai wedding tradition.

Elektronik Siap Nikah, Siap Hamil (Elsimil): Peluang dan Tantangannya di Masyarakat Bukido, Rosdalina; Subeitan, Syahrul Mubarak; Sutrisno, Melissa; Kolopita, Abdul Fajri; Tumiwa, Anisa Jihan
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 2 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i2.8925

Penelitian ini menginvestigasi peran dan signifikansi sertifikat Elsimil dalam konteks administrasi perkawinan di Kantor Urusan Agama (KUA) Kota Selatan, Gorontalo, Indonesia. Dengan mengadopsi pendekatan sosiologis, penelitian ini menggunakan wawancara mendalam dengan calon pengantin, petugas KUA dan tokoh agama setempat, serta analisis dokumen terkait kebijakan dan regulasi. Temuan penelitian menunjukkan bahwa sertifikat Elsimil memiliki peran strategis dalam pencegahan stunting, memberikan pendampingan kepada calon pengantin, dan memastikan kelayakan untuk melangsungkan pernikahan. Namun, tantangan implementasinya adalah kurangnya informasi yang merata di masyarakat dan rendahnya pemahaman calon pengantin menunjukkan perlunya penyuluhan yang lebih massif dan intensif. Implikasinya mencakup perlunya perubahan regulasi administrasi perkawinan, tata kelola administrasi perkawinan, dan peningkatan penyuluhan efektif di masyarakat. Penelitian ini menjadi referensi bagi masyarakat terhadap evaluasi kebijakan dan program edukasi guna mendukung hak dan kewajiban calon pengantin demi kesejahteraan generasi mendatang.

Legal Protection of Minority Groups within Patriarchal Structures: The Rights of Women and Children Post-Divorce Alim, Firmansyah Pratama; Maripah, Emma; Kolopita, Abdul Fajri
Kawanua International Journal of Multicultural Studies Vol 6 No 1 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i1.1336

Divorce produces significant impacts on women and children as minority groups within patriarchal structures, particularly within Indonesia's plural legal system that integrates Islamic law, national law, and social practices. This research aims to analyze legal protection mechanisms for women and children as minority groups post-divorce in the Muslim community of Manado City, identify structural patriarchal factors that hinder the fulfillment of rights, analyze the intersectionality of oppression within the plural legal system, and evaluate the effectiveness of existing protection mechanisms. Using a descriptive qualitative approach, this empirical juridical research integrates a framework for minority studies and structural patriarchal analysis. Primary data were obtained from 106 talaq divorce cases at Manado Religious Court in 2021, focusing on 15 reconvention cases and 46 complaint cases at the UPTD for Women and Child Protection. Data collection through document study, observation, and in-depth interviews was analyzed using thematic analysis. As many as 85.8% of cases were decided in absentia without the wife's presence, reflecting systemic marginalization. Hindering factors include limited legal knowledge, economic dependency, masculinity construction that avoids responsibility, and institutional monitoring vacuums. The reconvention mechanism shows 66.7% success, but is limited by unequal accessibility. Legal protection for women and children requires systemic transformation, integrating minority rights perspectives through strengthening integrated databases, rights-based legal aid, Family Court Monitoring Units, and intersectionality-based capacity building for law enforcement.

Exploring Harmonization Challenges Between Islamic and Positive Law on Polygamy in Indonesia Bukido, Rosdalina; Makka, Misbahul Munir; Tumiwa, Anisa Jihan; Kolopita, Abdul Fajri
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8635

The harmonization between Islamic law and positive law regarding polygamy in Indonesia presents significant legal and social challenges. This study aims to explore the complex interactions and conflicts between these legal systems using a structuralist epistemological approach. The research is conducted through an in-depth literature review that analyzes the intersections of Islamic doctrines and civil regulations, specifically focusing on how these structures influence the interpretation and implementation of polygamy-related laws. Findings reveal that while Islamic law allows polygamy under strict conditions, positive law imposes additional constraints to ensure fairness and protect the rights of all individuals involved. The study underscores a significant gap between the legal provisions and their practical enforcement, often influenced by cultural perceptions and social norms. Conclusively, the research suggests that achieving harmonization requires not only legal reforms but also cultural and educational efforts to address the disparities in polygamy's practice and regulation, aiming to uphold both religious traditions and human rights standards. The outcome emphasizes the necessity for a nuanced approach that considers both legal frameworks and the socio-cultural context of Indonesia

The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence Muhammady, Alfian; Kolopita, Abdul Fajri
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.v4i1.2477

This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.

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