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All Journal International Journal of Contemporary Islamic Law and Society
Lukman S. Thahir
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Religion Social Sciences

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Dispensation of Pre-Marital Pregnancy Marriage in Parigi Religious Court Hamiyuddin, Hamiyuddin; Madsaid; Lukman S. Thahir; Nasaruddin, Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.85

Abstract

This study discusses the form and factors of implementing the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 2019 and a review of the maqashid shari'ah. The type of research used in this study is qualitative research (field) with a case study approach. The data used in the study are primary and secondary data. Data collection techniques are observation, interviews, and documentation. The results of this study indicate that the form and factors of the implementation of the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 201219 are that every year, the Parigi Religious Court decides and resolves cases of marriage dispensation applications with an average percentage of 93% of prospective brides who are already pregnant outside of marriage have been granted by the judge. The factors for the judge to grant the dispensation of premarital pregnancy at the Parigi Religious Court are formal legal considerations, Supreme Court Regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, as well as material legal considerations, marriage law, ushul fiqh principles, maslahah mursalah, and social justice. The review of maqasid sharia on the form and factors of implementing the dispensation of premarital pregnancy according to Law Number 16 of 2019 is that it does not conflict with Islamic law; in fact, the policy is in line with the objectives of Islamic law (maqasid shari'ah). For now, the author agrees with the consideration of granting the dispensation of premarital pregnancy. Still, the role of maqasid shari'ah only contributes a little, namely considerations related to protecting offspring (hifz al nasal).
Obligations of a Husband with Convict Status from the Perspective of Islamic Law and Positive Law Isman, Isman; Lukman S. Thahir; Usdar Suwandi; Ikram, Ikram
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.100

Abstract

This study aims to investigate the obligations of a husband with convict status from the perspective of Islamic law and positive law. This study used a case study qualitative method. Data were gathered through direct observation, in-depth interviews, and written document analysis. Data were analyzed using the thematic approach outlined by Corbin and Strauss. The results of this study show that The implementation of the obligation of physical support by a husband who has the status of a prisoner in the penitentiary is divided into three groups, namely first, it is carried out on the grounds that there is a form of effort made by the prisoner's husband, such as a business that is still running and producing results that the wife can use to meet her daily needs. The obligation of support for a husband who is serving a sentence does not conflict with Islamic law and Positive law even though, on the one hand, he still has the status of a head of the family who has obligations that must be fulfilled. Islam views this as three legal provisions, namely the first is that the obligation of support remains, the second is that the obligation of support becomes a debt, and the third is that the obligation of support is terminated.
Co-Authors Hamiyuddin, Hamiyuddin Ikram Ikram Isman, Isman Madsaid Nasaruddin Nasaruddin Usdar Suwandi