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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam International Journal of Contemporary Islamic Law and Society COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Jurnal Ragam Pengabdian
Jumat, Gani
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Religion Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TINJAUAN HUKUM ISLAM TERHADAP HAK PEREMPUAN DALAM MEMILIH PASANGAN HIDUP: Studi Kasus di Desa Dolago Padang Kecamatan Parigi Selatan Kabupaten Parigi Moutong Rahmadani; Jumat, Gani; Mursyid, Besse Tenriabeng
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 2 (2023)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v4i2.144

Abstract

Islam provides women with rights under the Prophet Muhammad SAW. With the changes, women have full freedom of ownership rights in all permitted ways and have full rights to express opinions when they are asked to express their opinions. This research uses sociological research methods on law using empirical data collected through techniques. observation, interviews and documentation, the data analysis techniques used are data reduction, data presentation and checking the validity of the data. From women's opinions regarding the implementation of women's rights in choosing a life partner, not all implementations of women's rights have been implemented because they are still held by those closest to them. Therefore, the importance of communication and education in determining life choices. As the Hanafi school of thought emphasizes that women have the right to choose. The Prophet also said "marry someone you like". However, the facts on the ground contradict the existing theory. The supporting factors for reviewing Islamic law towards women are socio-economic background, education, mature age and parents. Inhibiting factors are the will or choice of parents, lack of readiness of men chosen by women, men who are economically disadvantaged, women who are still in the process, social and family factors and others.
Implementation of Bride and Groom Courses In North Balantak District, Banggai Regency In The Perspective Decision of The Director General of Islamic Community Guidance Number 379 of 2018 Jarudin, Jarudin; Yamani, Gasim; Jumat, Gani; Raden, Sahran
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.72

Abstract

Implementing the Sakinah family movement program has improved and strengthened people's lives. This program then became a national movement that has grown and developed strong roots in friendly, polite, and peaceful Indonesian society. Despite its success, it turns out there are still severe problems, such as the high divorce rate, the large number of applications for marriage registration, the increase in domestic violence, and unregistered marriages. In the bride and groom course, pre-marital guidance participants gain knowledge and skills as preparations for entering a new household. The main problem of the research is what the process of implementing the bride and groom course looks like in the North Balantak sub-district, Banggai Regency. This research aims to determine the process of implementing the bride and groom course to find out how the review of the Director General of Islamic Community Guidance Number 379 of 2018 regarding the process of implementing the bride and groom course in North Balantak sub-district, Banggai district. The method used is qualitative research with data collection techniques through observation, interviews, and documentation. Using the theoretical basis of John McLeod's counseling and the Social Welfare of Harold L. Wilensky and Charles N. Lebeaux. Research results (1). Coaching consists of three stages: the first is coaching at the Religious Affairs office, the second is coaching at the Community Health Center, and the third is further coaching. (2) the review of the first Director General's Decree 379/2018 has not been maximal, and the second, according to the third regulation, still needs to be implemented—conclusion (1). Coaching is divided into three stages. (2) Review of Director General's Decree 379/2018. 1. Still needs to be optimal; 2. Compliant with regulations; 3. has not run.
Analysis of the Fatwa of the Indonesian Ulema Council on the Legal Consequences of Violations of Divorce Taklik in Momunu District, Buol Regency Haruna, Amin; Abidin, Zainal; Jumat, Gani
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 1 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss1.58

Abstract

Taklik talak is the groom's divorce promise after signing the marriage contract. Taklik divorce is stated in the marriage certificate and is required for a specific event in the future. Seeing the habit of reading taklik talak in the Momunu sub-district, there are not a few cases of violations of taklik talak which are caused by the economy, domestic violence, extramarital affairs, and others, so there is no harmony in a household relationships. This study aimed to analyze the implementation of taklik divorce in Momunu district—research using qualitative methods. The data collection techniques are carried out through observation, interviews, and documentation. At the same time, data analysis is done by reducing, presenting, and verifying data. So that the data obtained has credibility and validity so that processing techniques and data analysis and checking the validity of the data are carried out. This study's results indicate two legal consequences from violations of taklik divorce in the sub-district of Momunu, namely the Khulu divorce lawsuit and the fulfillment of Iwadh Taklik Talak. After deeply analyzing the fatwa of the Indonesian Ulema Council, the authors conclude that the taklik divorce in marriage and its pronunciation has no urgency and is no longer relevant today. Regarding violations of taklik divorce committed by several parties, the wife may impose divorce because the husband has left or the husband's whereabouts are unclear. According to the Malik school of thought, taklik divorce is considered divorce ba'in, while according to the Ahmad school of thought, it is fasakh. This is to prevent harm to the woman. The wife may also ask for a divorce if the husband leaves her.
Siyāsah Dauliyah and the Global Crisis: A Fiqh Siyasah Perspective on the U.S.–Israel–Iran Conflict and Indonesia’s Strategic Role in Peace Diplomacy Jumat, Gani; Baso Malla, Hamlan Andi; Ahmadan, Ahmadan; Mera, Nasaruddin; M. Said, Idrus
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/7racgc30

Abstract

Geopolitical tensions between the United States, Israel, and Iran have developed into one of the most dangerous hotspots in today's world political constellation. This reality confirms that the dynamics of contemporary warfare have transcended traditional geographic boundaries and demand a response that blends diplomatic dimensions with deep ethical considerations. In the midst of such complexity, the tradition of Islamic political thought offers a relevant perspective through the concept of siyāsah dauliyah a normative framework in fiqh siyasah that governs the relationship between nations. This concept lays the foundation for the values of justice, recognition of the sovereignty of other states, loyalty to the pacts and agreements concluded, as well as strict restrictions on the use of armed violence. This study intends to examine the trilateral conflict using the lens of siyāsah dauliyah as the main analytical lens. Methodologically, this study relies on a qualitative approach by combining literature studies and normative studies on the treasures of Islamic political jurisprudence, combined with the latest international relations literature. The findings reveal that the spirit of siyāsah dauliyah actually puts forward the peaceful path - through negotiations, open communication, and multilateral cooperation as the main mechanism for resolving disputes between countries, not through armed confrontation. Interestingly, this orientation has a strong resonance with Indonesia's foreign policy doctrine known as the "bebas aktif" principle."Indonesia's commitment to continuously promote the alleviation of tensions and peaceful settlement of international disputes reflects similar values. Furthermore, Indonesia's willingness to take on the role of a dialogue facilitator or potential mediator in the US–Israel–Iran conflict shows the country's seriousness in realizing global peace. Thus, the integration of ethical principles from the Siyasah Fiqh tradition into contemporary diplomatic practice has the potential to strengthen Indonesia's capacity as a significant actor in conflict resolution and international peacebuilding efforts.
Analisis Normatif Pengabulan Isbat Nikah Tanpa Kemaslahatan Mendesak: Tinjauan Maqashid Al-Ghazali dan Teori Tujuan Hukum Radbruch Khairiyah, Khairiyah; Nasaruddin, Nasaruddin; Jumat, Gani
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/7q6cqe27

Abstract

This study examines the Decision of the Palu Religious Court Class IA Number 199/Pdt.P/2025/PA.Pal, which granted an application for isbat nikah (marriage legalization) despite the fact that Applicant II was only 16 years and 7 months old at the time the marriage took place—far below the minimum age limit of 19 years as stipulated in Law Number 16 of 2019—without explicit elaboration regarding urgent public benefit (kemaslahatan mendesak) in the legal reasoning. Using an empirical juridical approach with a qualitative method, data were collected through in-depth interviews with two informants and document analysis of the court decision. The analysis employed two theoretical frameworks: Al-Ghazali’s theory of maslahah and Radbruch’s theory of the objectives of law. The findings reveal three normative failures in the judges’ legal reasoning: negligence in age verification resulting in three different age data versions within a single decision; disregard for the hierarchy of norms, where Law Number 16 of 2019 was not mentioned even once; and the absence of an assessment of urgent public benefit as the material threshold for isbat nikah. From the perspective of Al-Ghazali’s maqashid, three of the five essential objectives of sharia at the dharuriyyah level were not fulfilled. From the perspective of Radbruch’s theory, the decision suffers deficits in all three fundamental legal values: justice, utility, and legal certainty. This study concludes that Islamic law and Indonesian positive law are not contradictory but rather complementary in their shared orientation toward protecting vulnerable parties.
Co-Authors Ahmadan, Ahmadan Baso Malla, Hamlan Andi Haruna, Amin Jarudin Jarudin Khairiyah Khairiyah M. Said, Idrus Mera, Nasaruddin Mursyid, Besse Tenriabeng Nasaruddin Nasaruddin Rahmadani Sahran Raden Yamani, Gasim Zainal Abidin