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All Journal SANGAJI: Jurnal Pemikiran Syariah dan Hukum Mawaddah: Jurnal Hukum Keluarga Islam Jurnal Hukum Islam dan Hukum Keluarga
Marluwi, Marluwi
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FAKTOR-FAKTOR PENYEBAB TINGGINYA CERAI GUGAT DI KABUPATEN SINTANG: Studi Perkara di Pengadilan Agama Sintang Tahun 2018-2021 Lestari, Indah; Marluwi, Marluwi; Ulya, Nanda Himmatul
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.952

Abstract

The aims of this study are: 1) To find out the factors that cause the high rate of divorce in the Sintang Religious Court; 2) To find out the stages of handling a lawsuit for divorce in the Sintang Religious Court. This research uses qualitative methods, while the type of research used is empirical research that uses data in the field as the main data source. The data sources of this study used primary data sources, namely in the form of interviews with judges and clerks of the Sintang Religious Court whose subjects had been determined, then secondary data sources, namely from books, documents, journals and other data sources that could complement this research. The technique used in this research data collection is observation, interviews and documentation. The data collection techniques in this study were using interview guidelines, observation guidelines and smart phones. And the researcher's data analysis technique used data reduction, data exposure and drawing conclusions. Furthermore, the data validity technique is using triangulation techniques between data sources. Based on the analysis conducted by the researchers, it can be concluded that: 1) The factors that cause the high level of divorce in the Sintang Religious Court are due to continuous disputes and quarrels, leaving one party, economy, apostasy, domestic violence (domestic violence), gambling, drunk, sentenced to prison, disabled and forced marriage. However, among the factors above, the most dominant in the Sintang Religious Court is due to continuous disputes and quarrels between husbands. 2) The following are the stages of handling the divorce petition at the Sintang Religious Court, namely: reconciliation efforts, reading of the plaintiff's lawsuit, the defendant's answer, the defendant's reply, the defendant's duplicate, proof, the conclusions of the parties, the panel of judges' deliberation and the judge's decision.
PROBLEMATIKA JURU SITA DALAM MELAKSANAKAN TUGAS DI PENGADILAN AGAMA NANGA PINOH: Perspektif Undang-Undang Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas Undang-Undang Nomor 7 Tahun 1989 Tentang Peradilan Agama Sofian, Sofian; Marluwi, Marluwi; Ulya, Nanda Himmatul
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.954

Abstract

The objectives of this study are: 1) To find out the problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties. 2) To find out whether the bailiff at the Nanga Pinoh Religious Court has carried out his duties in accordance with Law Number 50 of 2009 concerning the second amendment to Law Number 7 of 1989 concerning Religious Courts. The results of the study can be concluded as follows: 1) The problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties, namely the infrastructure that is less supportive, because there are villages that do not have road access for motorbikes to pass, during the rainy season natural disasters such as floods and landslides, the names of the parties are different between the nicknames and the names on the ID cards, making it difficult for the bailiff to find the litigants and in divorce cases the address of one of the parties is difficult to find. 2) The bailiff at the Nanga Pinoh Religious Court is only in charge of summoning the litigants. The bailiff at the Nanga Pinoh Religious Court has also carried out his duties in accordance with Law No. 50 of 2009 concerning the Second Amendment to Law No. 7 of 1989 concerning the Religious Courts, judging by the number of cases at the Nanga Pinoh Religious Court in 2021 which have completed 1 cases of polygamy permits, 39 cases of divorce divorce, 119 cases of litigation, 2 cases of joint property, 1 case of child control, 5 cases of guardianship, 18 cases of marriage legality, 87 cases of dispensation for marriage, 11 cases of guardian adhol and 2 cases of determining heirs. where the bailiff has a very important role in resolving the case.
UPACARA PANGANTEN DAYAK KANAYATN KABUPATEN LANDAK KECAMATAN MEMPAWAH HULU DALAM PERSPEKTIF AL-‘URF Pratama, Rizky; Marluwi, Marluwi; Wibowo, Arif
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i22.1448

Abstract

This study aims to examine: (1) Which marriage customs are still practiced by the Dayak Kanayatn tribe today, and (2) The Islamic legal perspective on the implementation of the Dayak Kanayatn wedding ceremony based on the concept of al-‘urf for Muslim adherents. This research employed a qualitative field research method, utilizing direct observation and in-depth interviews as primary data collection techniques. The primary data were obtained through documented interviews with key informants, including two traditional leaders and one religious figure, while secondary data were gathered from relevant books, articles, and scholarly sources. Data collection was conducted through interviews and documentation, and data validity was ensured through triangulation. The findings indicate that (1) The marriage customs currently practiced by the Dayak Kanayatn tribe are Picaraatn, Ngomok, and the Wedding Feast, each involving a picara (spokesperson) and a paraga tool used as a medium for prayer to Jubata (God); and (2) From the perspective of al-‘urf in Islamic jurisprudence, the practice of this wedding ceremony is considered contrary to Islamic teachings when performed by Muslims and is classified as ‘urf fasid (corrupt custom) due to elements of shirk (polytheism), the permissibility of prohibited acts (such as the slaughter of pork), and the risk of leading to fornication if conducted prior to a valid Islamic marriage contract. Consequently, the practice is deemed haram (forbidden) under Islamic law, as it contradicts core principles of tawhid and Sharia, despite certain elements like Picaraatn being individually permissible, since the entire ceremony is inseparable and embedded within practices that violate Islamic doctrine.
PRAKTIK ADAT PERNIKAHAN SALEP TARJHE MASYARAKAT MADURA DI KELURAHAN BATU LAYANG KECAMATAN PONTIANAK UTARA KOTA PONTIANAK PERSPEKTIF HUKUM ISLAM Amal, Amal; Marluwi, Marluwi; Wibowo, Arif
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.1755

Abstract

This study aims to uncover and clarify the actual practice of the customary marriage known as salep tarjhe, including the underlying philosophy and reasons for its prohibition, as well as its perspective from Islamic law within the Madurese community of Batu Layang. The research employs two main analytical frameworks: symbolic interactionist theory and Islamic law concerning marital issues. Using a sociological approach, this field research is supported by a literature review, with the author collecting primary data directly through interviews and documentation. The informants for this study include the couples involved, their parents, religious leaders, traditional elders, and the local community. The findings indicate that religious and community leaders in Batu Layang widely permit salep tarjhe marriages, asserting that they do not contradict Islamic sharia. The prohibition is found to stem from myths passed down through generations, such as beliefs that the marriage could lead to financial hardship, divorce, or infertility. This myth is classified as ‘urf fasid (corrupt custom) because it is inconsistent with Islamic principles. Conversely, some members of the general public still forbid this practice due to their belief in these myths. From an Islamic legal standpoint, the salep tarjhe marriage is deemed permissible (mubah) as there is no specific prohibition mentioned in the Quran, Hadith, or the views of codified fiqh scholars.
Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak Marluwi, Marluwi; Baihaqi, Baihaqi; Musadad, Ahmad; Zahro, Umi Indasyah; Pujiati, Tri
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.34

Abstract

The high rate of violence against children in Pontianak City shows that the issue of child protection is not only normative in regulations, but has become a complex social problem. This study aims to analyze the dynamics of children's involvement as victims of crime in Pontianak City and examine the governance of child protection through the perspective of maqāṣid al-syarī'ah. The research method used is qualitative with a socio-legal approach to examine the relationship between positive legal norms and the implementation of child protection at the regional level. The results of the study show that family vulnerability, weak parental supervision, unconducive social environment, and low digital literacy are the main causes of the increased risk of children becoming victims of crime. Field findings also show that the Pontianak City Regional Child Protection Commission has implemented protection governance through integrated assessment SOPs, legal and health assistance, education sustainability supervision, direct and digital complaint services, and preventive programs based on community participation. The analysis based on maqāṣid al-syarī'ah emphasizes the need to reconstruct the fiqh of child protection based on the principles of ḥifẓ al-nafs, ḥifẓ al-'aql, and ḥifẓ al-nasl as a normative foundation in child protection policies. This study recommends a stronger integration between regional regulations, institutional capacity strengthening, and internalization of the values of maqāṣid al-syarī'ah so that the child protection system in Pontianak City becomes more substantive, responsive, and holistically oriented towards the benefit of children.
ASPEK HUKUM DALAM TRADISI BEREMBO’ PADA KELUARGA MEMPELAI PRIA KETURUNAN BUGIS MELAYU DI PONTIANAK PADA MALAM SEBELUM PERNIKAHAN Dhiya 'Ulhaq, Hafizd Asyqar; Marluwi, Marluwi; Pulungan , Ishar
Al-Usroh Vol. 5 No. 2 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v5i2.5156

Abstract

This article examines the berembo’ tradition within the Bugis-Malay community of Pontianak as a complex socio-religious phenomenon. Practiced on the night before the marriage contract, this ritual is often perceived as a customary necessity, even believed to affect the perfection (afdhal) of the wedding. This raises a fundamental question regarding its legal position within the framework of Islamic law, given that it is not part of the pillars or conditions of marriage. This research has three main objectives: (1) to describe the procession and socio-cultural meanings of the berembo’ tradition; (2) to analyze the community's perception of the consequences if this tradition is neglected; and (3) to examine the tradition's legitimacy through the lens of the theory of ‘urf (recognized custom) in Islamic jurisprudence. This study employs a qualitative method with descriptive-empirical and normative approaches. Data were collected through participatory observation, in-depth interviews with five practitioners of the tradition and one customary leader, and documentary study. Data analysis followed the interactive model of Miles and Huberman through the stages of reduction, display, and verification. The findings reveal that berembo’ functions as a mechanism for the groom's mental, spiritual, and social preparation, as well as a space for consolidating family and religious values through advice and prayers from elders. From an Islamic law perspective, this tradition is categorized as ‘urf shahih (valid custom) as it contains no elements of polytheism (shirk), heresy (bid’ah), or contradiction with sharia principles. Thus, this research argues that berembo’ represents a form of living law that harmonizes local cultural values and religious norms, justifying its preservation as long as it is not claimed as a religious obligation. This article contributes to the discourse on juridical harmonization in pluralistic societies by offering an integrative analytical framework between legal anthropology and fiqh.
TRADISI MANGAIN SEBELUM PERNIKAHAN PADA MASYARAKAT BATAK TOBA (Studi Kasus Di Desa Sungai Jaman, Kecamatan Tayan Hilir, Kabupaten Sanggau) Tambunan, Hamid Ariansyah; Marluwi, Marluwi; Pulungan, Ishar
Al-Usroh Vol. 5 No. 2 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v5i2.5157

Abstract

The tradition of Mangain (raising children), also means accepting someone foreign (not of the Batak tribe) to be like our own biological children by bearing a clan according to the Mangain clan. This research aims to find out: The procession of implementing the mangain custom before marriage in the Toba Batak community in Sungai Jaman Village, Tayan Hilir District, Sanggau Regency and Analysis of the implementation of the mangain tradition before marriage among the Batak Toba community in Sungai Jaman Village, Tayan Hilir Subdistrict, Sanggau Regency.This study uses a qualitative approach with descriptive and juridical-empirical methods. Data collection techniques were carried out through in-depth interviews with informants who were raja parhata (program guides) and several Toba Batak communities, as well as through documentation studies. Data were analyzed through data reduction, data presentation, verification, and conclusion drawing. Data validity was obtained through member check techniques by involving informants in validating data results. Based on the analysis conducted, the researcher concluded that: 1) the mangain tradition has several stages, namely: manghatai dohot par hula-hula (telling and asking the wife's family), pasada tahi (deliberation and consensus), mangain customary events (raising children), giving tudu sipanganon (food offerings), giving batu sipanganon (witness money), manulangi (feeding), sowing rice sipihir tondi (soul strengthener); 2). The mangain tradition practiced by the people of Sungai Jaman Village is classified as a unique al-urf or urf because it is only practiced by people in certain areas. The mangain tradition is also classified as urf shahih because it embodies a sense of kinship, maintains ties of friendship, and promotes religious tolerance.
ANALISIS YURIDIS SOSIOLOGIS DALAM TRADISI BEKASAI PADA MASYARAKAT MELAYU SAMBAS Rizvi Aryu, Kharan; Marluwi, Marluwi; Suhardiman, Suhardiman
Al-Usroh Vol. 5 No. 2 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v5i2.5214

Abstract

This research is motivated by the widespread shift in local cultural values due to modernization, which threatens the existence of unique traditions in Malay communities. This raises questions regarding the cultural resilience and legal standing of the bekasai tradition in Kartiasa Village, Sambas. The purpose of this study is to describe the implementation of the bekasai tradition in wedding processions, analyze its position from a juridical-sociological perspective, and formulate a pattern of harmonization with Islamic law and national law. The method used is empirical legal research with a juridical-sociological approach, employing data collection techniques such as observation, interviews, and documentation. Data were analyzed qualitatively based on theories of legal pluralism and structural functionalism. The results show that bekasai is a herbal scrub practice accompanied by prayers for safety as a symbol of self-purification traditionally required by custom. Juridically, this tradition is a living law that is recognized de facto by the community and does not conflict with Islamic sharia because it contains elements of benefit (maslahah). In conclusion, the bekasai tradition is an instrument of social cohesion and a guardian of cultural identity that needs formal legal protection through regional regulations to ensure the sustainability of the cultural rights of the Sambas Malay community.
Co-Authors Abdul Karim Ahmad Musadad Akmal, Riyadh Alcika, Yara Shafa Amal, Amal ARDIANSYAH ARDIANSYAH Arif Wibowo Bahri, Muhammad Zainal Dedi Setiawan Dhiya 'Ulhaq, Hafizd Asyqar Fadhil, Moh. Hady, Syukron Hakimah, Nur Hardayanti, Siti Indah Lestari, Indah Isnaiah, Sri Astuti Jamaludin . Lilis Sugiarti Muhammad Hafidz, Muhammad Muzammil, Sa'dullah Muzammil, Sa'dulloh Muzammil, Sadulloh Muzammil, Sa’dulloh Nasirin, Nasirin Nurfitriah Nuryanti, Melly Pratama, Rizky Pujiati, Tri Pulungan , Ishar Pulungan, Ishar Rizvi Aryu, Kharan Siti Atikah Suhardiman Suhardiman Sulianto, Agus Syafawi, Ahmad Tambunan, Hamid Ariansyah Ubaidillah Ubaidillah Ulya, Nanda Himmatul Wasliki, Wandi Chairul Yusuf, Selamet Efendi Zahro, Umi Indasyah