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All Journal SANGAJI: Jurnal Pemikiran Syariah dan Hukum Jurnal Hukum Islam dan Hukum Keluarga Journal of Shariah Economic Law
Marluwi, Marluwi
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERCERAIAN KARENA FAKTOR EKONOMI DI DESA SUNGAI NYIRIH KECAMATAN SELAKAU KABUPATEN SAMBAS Nuryanti, Melly; Marluwi, Marluwi; Hakimah, Nur
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.v3i2.940

Abstract

This article examines divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. The purposes of this research were to find out: 1) Indicators of factors that cause divorce in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas; 2) The view of Islamic law on divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. This study used qualitative methods as the type of research used to obtain the data, the data sources used in this study were: 1) primary data sources data obtained from interviews with residents who experienced divorce due to economic factors; 2) secondary symbiotic data from books, journals and KHI (Islamic Law Compilation). This study also uses data collection guidelines using observations and interviews and uses data collection tools with interviews and smartphones to document images and sound recordings via cell phones. Based on this analysis, the researcher concluded that: 1) economic factors were one of the effects of divorce because there was no inner livelihood and love lost because of the husband's selfishness in providing a living, there was no level because it was by the husband's ability to meet the needs of life. 2) the view of Islamic law in the Shiqot Taklik Talak, if the husband does not provide for 3 months in a row divorce or the wife demands a divorce from her husband, divorce is allowed if there are problems experienced between the spouses.
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.
Co-Authors Abdul Karim Akmal, Riyadh Alcika, Yara Shafa Amal, Amal ARDIANSYAH ARDIANSYAH Arif Wibowo Bahri, Muhammad Zainal Dedi Setiawan 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 Saputri, Yuni Siti Atikah Sofian, Sofian Sulianto, Agus Syafawi, Ahmad Ubaidillah Ubaidillah Ulya, Nanda Himmatul Wasliki, Wandi Chairul Yusuf, Selamet Efendi