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All Journal International Journal of Contemporary Islamic Law and Society
Hilal Malarangan
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Religion Social Sciences

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Analysis of the Judge's Decision Regarding Polygamy Permits from the Perspective of Maqāṣhid Al-Syarī'ah in the Toli-Toli Religious Court Muh. Amin P; mohfalatehan; Muh. Akbar; Hilal Malarangan
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.Iss1.89

Abstract

This article discusses the statutory provisions that regulate the requirements for polygamy permits intended to create public order, provide legal protection and guarantees for rights and obligations arising from legal relationships in terms of how important it is to obtain court permission for polygamy, formally the urgency of granting polygamy permits must be realized. Legal certainty, order, protection, and legal guarantees for marriage itself. Polygamy permit provisions are implemented to protect the interests, rights, and obligations arising from a marriage. The method used in this research is qualitative, with data collection techniques carried out through direct observation, in-depth interviews, and analysis of written documents. The results of this research show that the granting of the request for a polygamy permit was also due to the applicant's economic capabilities and the willingness and encouragement of the first wife for her husband to carry out polygamy. Thus, there would be no dharar that would be affected by the first wife, so granting the request for a polygamy permit is believed to be able to achieve benefits for all parties involved in the marriage so that the purpose of marriage, as in the provisions of Article 3 of the Compilation of Islamic Law is to create a household life in which Sakinah, mawaddah, and warahmah can be realized. So, it can be concluded that the decision of the Tolitoli Religious Court case number 318/Pdt.G/2022/PA.Tli is still in line with the maqashid as-shari'ah according to as-syatibi, namely protecting religion, soul, mind, property, and lineage.
Implementation of Prospective Bride and Groom Courses in North Balantak District, Banggai Regency Jarudin , Jarudin; Hilal Malarangan; Yamani, Gasim; Hamiyuddin, Hamiyuddin
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.Iss2.104

Abstract

This study aims to evaluate the implementation of prospective bride and groom courses in Balantak Utara District, Banggai Regency, focusing on efforts to improve household quality through pre-marital counseling. The high number of divorce cases and the large number of unregistered marriages, as well as the low public awareness of Islamic teachings and the fulfillment of basic needs, indicate the need for prospective bride and groom courses as a means to improve family conditions in this area. The study used a qualitative approach with data collection techniques through observation, in-depth interviews, and document analysis. The results showed that implementing prospective bride and groom courses in Balantak Utara District consisted of three stages: guidance at the KUA, health guidance at the Community Health Center, and further guidance by education practitioners and counselors. However, the implementation of pre-marital guidance at the KUA was not optimal, with shortcomings in delivering material on harmonious family relationships and preparation for a quality generation. Meanwhile, guidance at the Community Health Center has been implemented quite well regarding reproductive health and healthy lifestyles, but further guidance has not been fully implemented. This study suggests the need to improve facilities and infrastructure as well as competent teaching staff to support the achievement of a harmonious family in Balantak Utara District
Co-Authors Hamiyuddin, Hamiyuddin Jarudin , Jarudin mohfalatehan Muh. Akbar Muh. Amin P Yamani, Gasim