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All Journal Potret Pemikiran Al-Mujtahid: Journal of Islamic Family Law
Gómez, José Manuel Naranjo
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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Adaptation of Islamic Law through Gotong Royong Tradition in Minority Communities of Tomohon and Tana Toraja Bilalu, Naskur; Jamal, Ridwan; Subeitan, Syahrul Mubarak; Purwadi, Wira; Gómez, José Manuel Naranjo
Potret Pemikiran Vol 28, No 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v28i2.3266

Abstract

This research explores the adaptation of Islamic law through local wisdom, particularly the gotong royong tradition, in Muslim minority communities in Tomohon and Tana Toraja. Using a qualitative approach and case study method, the research involved 20 informants, including Islamic religious leaders, traditional leaders, and active Muslim community members. The findings show that the gotong royong tradition facilitates the practice of Islamic law in marriage, zakat management, and religious celebrations by integrating the values of inclusivity and local cultural solidarity. Harmony is created through intensive dialogue between Islamic and Christian religious leaders, strengthening interfaith relationships. Adjustments, such as the use of moderate adhan volume and distribution of zakat to all levels of society regardless of religion, serve as tangible evidence of this adaptation. This research contributes to the development of Fiqh Nusantara, demonstrating the flexibility of Islamic law that can align with local culture while supporting social inclusion. Practically, these results provide insights for policymakers to design policies that support religious harmony in multicultural regions. This research affirms that Islamic law not only maintains its essential teachings but can also become an integral part of pluralistic society. The implications of this research open opportunities for further studies on the harmonization of Islamic law in other minority communities.
Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi Kahatib, Kamal; Assaad, A. Sukmawati; Nur, Muhammad Tahmid; Gómez, José Manuel Naranjo
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i2.3067

Abstract

This study aims to examine the enforcement of underage marriage laws in Luwu Regency. This descriptive qualitative study uses a normative-empirical approach to interview, observation, and documentation methods. The results show that the reality of underage marriages in Luwu Regency is influenced by weak public awareness, lack of serious government supervision or education, and factors such as free association, tradition, family economic background, and patriarchal views. Underage marriage practices based on cultural reasons are subject to a criminal penalty of up to 9 years as outlined in Law No. 12 of 2022 on Sexual Violence Crimes, Article 10, Paragraph (1) and (2). The enforcement of underage marriage follows the legal framework of Law No. 16 of 2019, considering the minimum marriage age, and the Supreme Court Regulation No. 5 of 2019 regarding guidelines for adjudicating marriage dispensation requests. Substantively, underage marriage, from a traditional perspective, aims to preserve lineage rather than prioritize material concerns.
Co-Authors Assaad, A. Sukmawati Bilalu, Naskur Jamal, Ridwan Kahatib, Kamal Muhammad Tahmid Nur, Muhammad Tahmid Purwadi, Wira Subeitan, Syahrul Mubarak