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All Journal Ulumuddin : Jurnal Ilmu-ilmu Keislaman USRAH: Jurnal Hukum Keluarga Islam
Rifqiyanto, Agus Ilham
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pernikahan Sandung Makam Di Temanggung Dalam Perspektif Antropologi Hukum Islam Rifqiyanto, Agus Ilham; Mafiah, Yeni
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 14 No 2 (2024): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v14i2.2658

Abstract

This research examines marriage in front of a corpse in the Temanggung community, known as nikah sandung makam. The main question asked is how the practice of nikah sandung makam is viewed from the anthropological perspective of Islamic law. Through a qualitative approach with interview and observation methods, this study found that nikah sandung makam has been a culture of the Temanggung community for a long time, this practice is responded to customarily by the community as a form of response to a sense of loss and respect for parents who died. The results show that sandung makam marriages illustrate the diverse relationship between legal and cultural pluralism, and create a new space of thought in the field of Islamic legal anthropology. The legal anthropology approach emphasizes that a culture should not be judged based on whether it violates religious teachings or not, this has no effect as long as there are still many people who practice and believe in the goodness of the tradition. Meanwhile, from the perspective of Islamic law, this practice is considered valid because the pillars and conditions of marriage regulated in Islamic law have been fulfilled.
PENYELESAIAN SENGKETA WALI ADHOL DENGAN MEDIASI NON-LITIGASI OLEH PEGAWAI PENCATATAN NIKAH DI KUA KEDU wardah hayya, yustika; Mujib, Mishbachul; Hidayat, Nabil Malik; Rifqiyanto, Agus Ilham; zumrotun, siti
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1439

Abstract

The aim of this research is to describe and analyze the non-litigation mediation process carried out by marriage registration officers at KUA Kedu in resolving guardian adhol dispute cases.  The research method uses a descriptive-qualitative approach which provides an overview of marriage problems related to guardian adhol and the role of the Kedu Religious Affairs Office (KUA) in resolving guardian adhol problems through non-litigation mediation. The data used is primary data sourced from field research. The data collection technique uses a direct observation approach and documentation. Data analysis uses narrative analysis which is analyzed using mediation theory, namely understanding conflict resolution effectively through communication and collaboration.  Research results on the role of KUA Kedu in resolving problems related to adhol guardians through non-litigation mediation attended by marriage guardians, prospective brides and grooms. The prospective bride's marriage guardian finally agreed to become the marriage guardian and carried out taukil wali bilkitabah (handing over the guardian's authority in writing) before the Head of the Kedu District KUA.  Keywords: Role, Resolving Adhol, Office of Religious Affairs
Co-Authors Hidayat, Nabil Malik Mafiah, Yeni Mujib, Mishbachul Siti Zumrotun wardah hayya, yustika