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The Possibility of Talaq Performers Criminalization in Indonesia: An Essential Lesson from India Suryani, Irma; Budia Warman, Arifki; Roni Efendi; Tenrilawa , Dian Furqani
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.282

The absence of sanctions against instant triple talaq and out-of-court divorce in Indonesia presents significant challenges for justice on gender equality and women's rights in today’s modern society. This study has the primary objective of analyzing the issues surrounding talaq divorce regulations in Indonesia by reflecting on the regulations in India. The study employs a combination of normative legal research methods, a legislative approach, and a comparative approach, focusing primarily on the marriage laws of Indonesia and India. The findings indicate that the practice of ‘triple talaq’ or instant divorce in India has been banned, with criminal sanctions imposed, including a three-year imprisonment for violators. In contrast, the regulations on talaq in Indonesia remain administrative in nature, requiring individuals to perform talaq in court, with no sanctions established for those who violate the regulations. The lack of criminal sanctions for talaq in Indonesia stems from its dual legal system and the absence of comprehensive guidelines on the procedural aspects of talaq, compounded by the limited resources of religious courts. In addition, the social stigma attached to divorce further complicates the issue. In India, the imposition of criminal sanctions for triple talaq aims to challenge the rigidity of the law and prioritize the rights of women and children. The reconstruction of regulations on divorce can be achieved through three components of criminal sanctions, comprising legal substance, legal structure, and legal culture. Also, it is essential to take humanitarian considerations and local wisdom in Indonesia into account when implementing such criminal sanctions.

Filantropi Islam di Minangkabau: Membentuk Solidaritas Sosial Melalui Adat dan Agama Deni Putra, Muhammad; Fadilla, Siti; Budia Warman, Arifki; Aliman Shahmi, Mohammad; Mansur, Muhammad
Indonesian Journal of Islamic Economics and Business Vol. 9 No. 2 (2024): Indonesian Journal of Islamic Economics and Business
Publisher : Fakultas Ekonomi dan Bisnis Islam UIN STS Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/ijoieb.v9i2.2752

This research focuses on Islamic philanthropy in Minangkabau and its contribution to building social solidarity through the integration of local customs and religion. The method used is a literature review, collecting data from relevant articles, books, and case studies. The purpose of this study is to explore how Minangkabau traditional values, such as "gotong royong" (mutual cooperation) and "badunsanak" (kinship solidarity), play a role in facilitating philanthropic practices. The findings indicate that these local traditions, combined with Islamic teachings, strengthen social bonds and enhance community welfare. Furthermore, the role of women in managing family resources and the contributions of organizations like Muhammadiyah and Nahdlatul Ulama help reinforce structured philanthropic practices. Education in Islamic boarding schools (pesantren) also plays a crucial role in instilling philanthropic values in the younger generation. In conclusion, Islamic philanthropy based on local customs in Minangkabau not only strengthens social solidarity but also contributes to poverty alleviation and community well-being.

Arabic Grammar in Minangkabau Surau: Philological Perspectives on Traditional Islamic Education Hanif, Akhyar; Rudiamon, Septika; Faiz, Muhammad Fauzinudin; Afrina, Cut; Budia Warman, Arifki; Rahmi, Elvi
Nazhruna: Jurnal Pendidikan Islam Vol. 8 No. 3 (2025): Transformative Islamic Education
Publisher : Universitas Pesantren Kh abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/nzh.v8i3.210

This study aims to uncover the reasons why Nahwu manuscripts are found in almost every surau in Minangkabau and how Nahwu, a branch of Arabic grammar, was taught in these traditional Islamic educational institutions. This research is qualitative research employing a philological approach, which seeks to describe and reveal the phenomena surrounding surau education in Minangkabau. Based on the discovery of Nahwu manuscripts, and to explore the instructional process of Nahwu in these institutions. Primary data sources include several Nahwu manuscripts, along with the leaders of Inyik Jaho Surau, Surau Labai Sati Malalo, and the SurauSyaikh Abbas Padang Japang. Secondary data sources comprise various books, articles, and other related references. The research finds that the Nahwu manuscripts discovered in these surau represent the most authentic evidence of Islamic educational traditions in historical Minangkabau. Nahwu was not only considered essential for understanding religious texts but also regarded as an integral part of religious life. Instruction was delivered through the sorogan method, whereby teachers would recite and guide the memorization of Nahwu texts, translate them, and apply them to the study of other religious books. Nahwu material was taught progressively in three levels: elementary, intermediate, and advanced, each with its respective classical texts.

Filantropi Islam di Minangkabau: Membentuk Solidaritas Sosial Melalui Adat dan Agama Deni Putra, Muhammad; Fadilla, Siti; Budia Warman, Arifki; Aliman Shahmi, Mohammad; Mansur, Muhammad
Indonesian Journal of Islamic Economics and Business Vol. 9 No. 2 (2024): Indonesian Journal of Islamic Economics and Business
Publisher : Fakultas Ekonomi dan Bisnis Islam UIN STS Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/ijoieb.v9i2.2752

This research focuses on Islamic philanthropy in Minangkabau and its contribution to building social solidarity through the integration of local customs and religion. The method used is a literature review, collecting data from relevant articles, books, and case studies. The purpose of this study is to explore how Minangkabau traditional values, such as "gotong royong" (mutual cooperation) and "badunsanak" (kinship solidarity), play a role in facilitating philanthropic practices. The findings indicate that these local traditions, combined with Islamic teachings, strengthen social bonds and enhance community welfare. Furthermore, the role of women in managing family resources and the contributions of organizations like Muhammadiyah and Nahdlatul Ulama help reinforce structured philanthropic practices. Education in Islamic boarding schools (pesantren) also plays a crucial role in instilling philanthropic values in the younger generation. In conclusion, Islamic philanthropy based on local customs in Minangkabau not only strengthens social solidarity but also contributes to poverty alleviation and community well-being.

AN INTERLEGALITY-BASED ETHNOGRAPHY OF LIVING FIQH IN MINANGKABAU MARRIAGE PRACTICES Wimra, Zelfeni; Budia Warman, Arifki; Bunaiya, Mahlil; Yazid, Mhd
AKADEMIKA: Jurnal Pemikiran Islam Vol 30 No 2 (2025)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v30i2.11259

This article explores the issue of ethnographic-based interlegality of living fiqh in Minangkabau marriage practices. The purpose is to explain the uniqueness of negotiation and the embodiment of Islamic jurisprudence within Minangkabau socio-cultural settings. This study emphasizes the cognitive biases of the dichotomy between local-global, peripheral-central, and traditional-modern. The data examined came from the experience of the Minangkabau community in internalizing Islamic marriage law as a living legal practice, ranging from the marriage procedure, marriage contract, walimah, mediation, to divorce. This research collected, analyzed, and interpreted empirical legal data that reveals the integration of Islamic, customary and state legal norms in marriage practice. The findings of this study show the existence of a legal tripartite legal construction: first, the practice of customary marriage formed by Islamic jurisprudence. Second, the awareness of Islamic law is influenced by customary law. Third, the regulatory intervention of the state that wants the formation of harmonization between customs and Islam. This study has implications for living fiqh literacy which shows the universal principles of sharia law in cross-cultural life.

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