Muhammad, Hanifah Salma
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Sociological Analysis of Islamic Law on The Implementation of the Jo Kawin Bocah Program in Reducing Early Marriage Rates (Case Study on the PKK Team of Temanggung Regency) Rahmadani, Luqiya Suci; Ibrahim, Malik; Muhammad, Hanifah Salma
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (2024)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v3i2.12596

Abstract

The "Jo Kawin Bocah" program aims to prevent early marriages in Central Java, particularly in Temanggung Regency, where 414 cases were recorded in 2022. Implemented by the PKK Movement Team, the program focuses on educating communities to reduce early marriage rates. This research analyzes its implementation in Temanggung Regency in 2023 using a sociological approach to Islamic law and descriptive analysis. The findings reveal two main points. First, the PKK Movement Team enhances the program through collaboration with the government, communities, institutions like GenRe (Planned Generation), and mass media for effective dissemination. Second, based on Atho' Mudzhar's sociological theory of Islamic law, factors such as religious practices, social structures, interactions, and support from community organizations significantly influence the program's outcomes. By fostering awareness and community involvement, the program has successfully shifted perceptions and reduced early marriage practices in Temanggung, demonstrating its potential as a model for other regions.
Kompetensi Pengadilan Agama dalam Menangani Perkara Warisan Beda Agama (Analisis Perkara 1854/Pdt.G/2013/PA.Plg) Muhammad, Hanifah Salma; Ibrahim, Malik
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.184

Abstract

This article discusses the competence of religious courts in adjudicating disputes over interfaith inheritance between Muslims and non-Muslims. This can happen inseparably from the social and cultural conditions of people in Indonesia who are pluralism with various backgrounds such as ethnicity, customs, different languages, and belief or religious factors. But on the other hand, there are differences in views between the fuqaha regarding the heritage of different religions. If the heir and heir, both the heir as the plaintiff and the defendant, have differences in religion, then the practice of law enforcement in the court against the inheritance case creates a dispute over competence between the religious court and the district court. This study examines through legislation, legal literature in accordance with the research being discussed and uses Islamic law to answer the author's problem formulation by analyzing decision number 1854 / Pdt.G / 2013 / PA.Plg. The results of the research that can be concluded are that when viewed from a juridical point of view, religious courts are authorized to adjudicate cases of disputes over inheritance between religions. This can happen because it is based on jurisprudence 51K/AG/1999. The function of jurisprudence can be used as the best way given by judges to communities that have family pluralism as a solution in resolving cases of inheritance disputes between religions. However, when viewed from the normative side of Islamic law, religious courts are authorized to adjudicate inheritance disputes with parties of different religions. This can happen because it is based on the interpretation of Yusuf Al-Qardawi and the ijtihad of the supreme court for a sense of justice for families whose pluralism of beliefs. The inheritance is not counted as heirs but is counted as a mandatory will of no more than 1/3 part.