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All Journal Indonesian Journal of Shariah and Justice Kalosara: Family Law Review
Abdul Djalal, Marini
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE : ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE Stomer, Alfandi; Abdul Djalal, Marini; Abdullah, Baharuddin; Abbas, Abdul Haris; Harwis, Harwis
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (2023)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v3i2.70

Abstract

The reason for the high rate of divorce and divorce is no longer unstoppable, this is due to a shift in social values in society. In the last three years, the total data from 2019- 2021 was 1,929 cases consisting of 1,313 cases of contested divorce and 616 cases of talak divorce. The formulation of the problem in this research is what factors cause lawsuit divorce and analysis of the causes of the high number of lawsuit divorce cases in the Religious Courts. The type of research used is empirical juridical research using two approach methods, namely the statutory approach and the case approach, using data collection techniques by means of observation, interviews and documentation. The research results explain that first, there are four factors that cause divorce, including educational factors, economic factors, legal awareness factors, and parental interference factors. Second, of the several factors that cause divorce, the reason for the high number of divorce cases is an inseparable part of the reasons for divorce as stated in Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage and also Government Regulation Number 9 of 1975 concerning Implementation of the Law. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage.
Modoka Migina and Family Resilience in Galela Customary Marriage: A Maqāṣid al-Usrah Analysis of Jamāl al-Dīn ʿAṭiyyah Alimuddin, Harwis; Djafar, Wati; Abdul Djalal, Marini; Makbul A.H. Din; Abbas, Abdul Haris; Abdul Wahab, Shaleh Ahmad
KALOSARA: Family Law Review Vol. 6 No. 2 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i2.15646

Abstract

Customary marriage institutions persist across Indonesia's plural society, yet the substantive purposes they serve for family formation remain under-theorised. This article examines Modoka Migina, a customary institution of the Galela people of Mamuya Village, North Halmahera, which couples a family-deliberation forum with the transfer of a set of traditional household equipment to the newly married couple. Existing scholarship has read the tradition through 'urf in order to establish its legal validity; none has read it through maqāṣid al-usrah, and none has connected it to family resilience. Using a descriptive-analytical qualitative design, the study applies a six-stage conceptual-mapping procedure to secondary ethnographic data on Modoka Migina , including in-depth interviews with fifteen informants, and to the primary text of Jamāl al-Dīn ʿAṭiyyah's Naḥw Tafʿīl Maqāṣid al-Sharīʿah, and then tests the resulting map against the physical-economic, social, and psychological dimensions of family resilience. The analysis finds that Modoka Migina substantively realises all seven family-realm sub-objectives of maqāṣid al-usrah, and that the sixth sub-objective resolves the apparent tension between the husband's absolute obligation to provide the dowry and the material burden the tradition places on the bride's family, by positioning the custom as complementary (takmīlī) rather than rival to the dowry. This study contributes to Islamic family law scholarship by demonstrating how a local customary marriage institution can operationalise maqāṣid al-usrah and support family resilience when practised voluntarily and proportionally. It implies that maqāṣid al-usrah can serve as a working vocabulary for premarital guidance and for local family-development policy. Keywords: Family Resilience; Galela Customary Marriage; Legal Pluralism; Maqāṣid al-Usrah; Modoka Migina.
Co-Authors Abbas, Abdul Haris Abdul Wahab, Shaleh Ahmad Baharuddin Abdullah, Baharuddin Din, Makbul AH Djafar, Wati Harwis Alimuddin Stomer, Alfandi