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All Journal Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Akbar, Alif
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Efektivitas Isbat Nikah Keliling terhadap Aksesibilitas Bagi Masyarakat Kabupaten Polewali Mandar: Analisis Maslahah Mursalah Aziz, Sherina Mutiara Puteri; Idrus, Achmad Musyahid; Akbar, Alif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48381

Abstract

The phenomenon that occurs in the people of Tinambung District, Polewali Mandar Regency is that people do not have marriage books because they are still underage so their marriages cannot be registered. If marriage registration is not carried out, it will lead to irregularities in people's lives which will lead to legal smuggling. To get a marriage book, the couple must attend the marriage isbat at the Polewali Mandar Religious Court Office. However, the people of Tinambung District find it difficult to apply for marriage isbat because the distance to the Polewali Mandar Religious Court is quite far, transportation costs are expensive, and they are old. Starting from this problem, the Polewali Mandar Religious Court, in collaboration with the Polewali Religious Office, held a mobile marriage isbat program so that people could get marriage certificates. This research is included in field research (qualitative) which uses the Normative Syar'i Approach which refers to approaching problems from the perspective of Islamic law. From the results of research conducted by researchers regarding mobile marriage isbat, it was concluded that mobile marriage isbat in Tinambung District is very effective in increasing accessibility and if viewed from a maslahah perspective, mobile marriage isbat can be categorized as maslahah murlah. Because marriage isbat has many benefits compared to its harms, one of which is in terms of protecting offspring. With the marriage isbat, children born out of wedlock will receive a birth certificate which can be used to register for school. Not only will the couple benefit, but the offspring born from the marriage will also benefit if both parents follow the marriage isbat.
Pluralisme Hukum dalam Lembaga Perkawinan: Persinggungan Norma Islam dan Norma Adat dalam Mengatur Perkawinan dan Harta Kekayaan di Toraja Utara: The Intersection of National Law, Islamic Law, and Customary Law in Regulating Marriage and Common Property in North Toraja Akbar, Alif; Laman, Ilham
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.57865

Abstract

This research aims to explore how the two legal systems interact, experience tension, and are negotiated in the social practices of society. Legal pluralism in Indonesia shows the existence of various systems of state norms, Islamic law, and customary law that coexist in one social space. In North Toraja, the Muslim community faces the intersecting dynamics between Islamic norms and Torajan customs in regulating marriage institutions and wealth management. This research uses a socio-legal approach with a descriptive qualitative method. Data were collected through field observations, in-depth interviews with religious leaders, traditional leaders, married couples, and legal practitioners, and documentation studies of customary texts and marriage documents. The analysis was carried out thematically to identify patterns of integration, compromise, and conflict between Islamic norms and customs. The results of the study show that Islamic law forms a formal framework in the implementation of marriage contracts and dowry arrangements, while customary law remains dominant in determining social legitimacy, customary rituals, and distribution of family wealth. In conflict resolution, the community prioritizes informal customary mechanisms, while the principles of Islamic law are applied selectively, especially when dealing with state legal institutions. This study confirms the existence of adaptive strategies used by the community in responding to the plurality of laws. The intersection between Islamic law and customary law is not confrontational, but rather forms a functional and contextual hybrid legal culture. The novelty of this research lies in the documentation of the practice of legal syncretism in the context of Muslim marriage in the Toraja customary environment, as well as its relevance in formulating legal policies that are more inclusive of local social and cultural realities.
Co-Authors Achmad Musyahid Idrus, Achmad Musyahid Aziz, Sherina Mutiara Puteri laman, ilham