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All Journal Al Mabhats : Jurnal Penelitian Sosial Agama Legitima: Jurnal Hukum Keluarga Islam
Alhafidh Nasution
International Islamic University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Contemporary Islamic Family Law Studies: An Analysis of the Inconsistency of Marriage Age Limits Between Law and Social Reality at the Mojokerto Religious Court Dwi Ratna Cinthya Dewi; Durrotul Fikriyah; Muhammad Dzul Hilmi Utsman; Marlinda Ayu Ningsih; Alhafidh Nasution
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6439

Abstract

Purpose - This study examines the inconsistency of the marriage age limit as regulated in the Marriage Law and PERMA Number 5 of 2019 concerning Reasons for Adjudicating Marriage Dispensation Cases. In addition, this study also analyzes the views of judges at the Mojokerto Religious Court regarding the application of marriage dispensation. It explores the dynamics of social reality that influence the practice of contemporary Islamic family law. Methods - This research is field research with an empirical juridical approach. Research is conducted by interviewing judges, lawyers, the community, and the Head of the Religious Affairs Office and analyzing laws and regulations. The analysis was carried out to identify inconsistencies in the rules for marriage age limits and marriage dispensation contained in Article 7 paragraph (2) of Law Number 16 of 2019 with PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. Findings - This study concludes several findings: first, the scholars' opinions on the age limit of marriage vary, but some scholars have agreed to determine it as a means of mashlahah to answer problems in the contemporary era. Second, there are legal inconsistencies between Article 7 paragraph (2) of Law Number 16 of 2019 and PERMA Number 5 of 2019, namely the age limit for marriage and the application for marriage dispensation. Research Implications - The regulations on marriage dispensation have indeed been explained, but there is still a lack of clarity regarding the urgent reasons for applying. Therefore, detailed clarity is needed to answer these reasons so as not to cause legal disharmony and legal uncertainty.
Contemporary Islamic Family Law Studies: An Analysis of the Inconsistency of Marriage Age Limits Between Law and Social Reality at the Mojokerto Religious Court Dwi Ratna Cinthya Dewi; Durrotul Fikriyah; Muhammad Dzul Hilmi Utsman; Marlinda Ayu Ningsih; Alhafidh Nasution
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6439

Abstract

Purpose - This study examines the inconsistency of the marriage age limit as regulated in the Marriage Law and PERMA Number 5 of 2019 concerning Reasons for Adjudicating Marriage Dispensation Cases. In addition, this study also analyzes the views of judges at the Mojokerto Religious Court regarding the application of marriage dispensation. It explores the dynamics of social reality that influence the practice of contemporary Islamic family law. Methods - This research is field research with an empirical juridical approach. Research is conducted by interviewing judges, lawyers, the community, and the Head of the Religious Affairs Office and analyzing laws and regulations. The analysis was carried out to identify inconsistencies in the rules for marriage age limits and marriage dispensation contained in Article 7 paragraph (2) of Law Number 16 of 2019 with PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. Findings - This study concludes several findings: first, the scholars' opinions on the age limit of marriage vary, but some scholars have agreed to determine it as a means of mashlahah to answer problems in the contemporary era. Second, there are legal inconsistencies between Article 7 paragraph (2) of Law Number 16 of 2019 and PERMA Number 5 of 2019, namely the age limit for marriage and the application for marriage dispensation. Research Implications - The regulations on marriage dispensation have indeed been explained, but there is still a lack of clarity regarding the urgent reasons for applying. Therefore, detailed clarity is needed to answer these reasons so as not to cause legal disharmony and legal uncertainty.
Fabricated Hadith as an Epistemic Threat: A Literature Review on Its Origins, Characteristics, and Social Mitigation Ichsan Kamil; Zainal Arif; Alhafidh Nasution; Abdul Wahid
Al Mabhats : Jurnal Penelitian Sosial Agama Vol 10 No 1 (2025): Al Mabhats : Jurnal Penelitian Sosial Agama
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat IAIN Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/almabhats.v10i1.7381

Abstract

This article addresses the critical issue of maudhu’ (fabricated) hadith as a significant challenge in the study of ‘ulum al-hadith, given its direct impact on the authenticity of Islamic teachings as derived from the Qur’an. It aims to provide a comprehensive explanation of the concept of maudhu’ hadith, covering its definition, historical emergence, driving factors, characteristic indicators in both sanad (chain of transmission) and matan (text), the jurisprudential rulings on its narration and practice, as well as the socio-religious consequences it engenders. Utilizing a literature review methodology, the study critically examines relevant books, articles, and scholarly works. The findings demonstrate that Maudhu’s hadith are narrations falsely ascribed to the Prophet Muhammad (peace be upon him), rendering them unacceptable as evidence and prohibited from transmission except for the purpose of exposing their falsehood. The emergence of these fabricated hadith is influenced by diverse motives such as political conflict, adversarial strategies against Islam, ignorance, sectarian fanaticism, ethnic primordialism, and personality cults. Their dissemination creates serious problems by deepening community divisions, distorting perceptions of Islam, diminishing the prophetic image, and weakening religious motivation. Furthermore, the article emphasizes the crucial role of ulama strategies, including transmitter criticism, sanad verification, narrative comparison, the establishment of critical principles, and the codification of fabricated hadith, as essential measures to safeguard the purity of the Sunnah.
Co-Authors Abdul Wahid Durrotul Fikriyah Dwi Ratna Cinthya Dewi Ichsan Kamil Marlinda Ayu Ningsih Muhammad Dzul Hilmi Utsman Zainal Arif