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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Muh Zaitun Ardi
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Economics, Econometrics & Finance Public Health Social Sciences

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The Islamic Legal Perspective on A’Matoang in the Marriage Process (Exploring Agreements within the Monromonro Utara Community, Jeneponto Regency) Abdul Aziz Khotibul Umam; Muh Zaitun Ardi; Samsidar Jamaluddin
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i1.4662

Abstract

The research delves into the A’matoang customary tradition within marriage from the perspective of Islamic law. Conducted as a field study, it directly engages with subjects to gather pertinent data. Employing a juridical-empirical approach, the study incorporates data collection methods such as observation, interviews, documentation, and subject-object identification. In accordance with the Urf theory (Customary Tradition) in Islamic Law, the A’matoang tradition in marriage has long prevailed in the Jeneponto region. This tradition involves the bride's family visiting the groom's family, presenting various gifts as expressions of gratitude or reciprocation for the dowry given. From the Islamic legal standpoint, A’matoang is deemed an Urf or customary tradition consistently practiced. The Islamic legal perspective emphasizes that this tradition is an established Urf or customary practice, considered valid as it aligns with Islamic teachings and avoids elements of polytheism. The implications of this research underline the importance of preserving the A’matoang Tradition while prioritizing well-being and adherence to Islamic teachings. If this cultural practice potentially brings significant harm to its participants, abandonment is deemed advisable. Ideally, the post-marriage A’matoang Tradition should not merely signify respect or a gift to the groom's family in response to the dowry, but also serve as a prayer for Allah’s blessings in fostering a harmonious marital life (sakinah, mawadah, warahmah).
Permission For Polygamy Because Teaching Islam To Converts From Maslahah Perspective: Study Decision No. 3728/PDT.G/2017/PA.DPK Azis Dwi Utomo; Muh Zaitun Ardi; Nadyatul Hikmah Shuhufi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i2.4724

Abstract

This article discusses the considerations of the Depok religious court judge in granting permission for polygamy in case No. 3728/Pdt.G/2017/PA.Dpk. In this case, the applicant asked for permission to marry his partner, whom he married in an unregistered marriage in 2014. Previously, in 2003, this couple had been blessed with a child. they face legal problems to obtain their children's birth certificates; and this is one of the reasons the applicant applied for a polygamy permit. Even though this application does not meet the provisions of marriage law in Indonesia regarding the requirements for polygamy (Article 4 paragraph (2) Marriage Law No. 1/1974), the panel of judges in this case still granted permission for polygamy to the applicant. The consideration of the panel of judges was that the permission granted was of greater benefit than complying with the provisions of marriage law: legalizing unregistered marriages and the welfare of the child. This case once again shows that religious court judges are not only fixated on the provisions of positive law in Indonesia but also explore the laws that exist in society, including here the principles of sharia and fiqh.
Co-Authors Abdul Aziz Khotibul Umam Azis Dwi Utomo Nadyatul Hikmah Shuhufi Samsidar Jamaluddin