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الزواج العرفي بين الفقه الإسلامي والقانون الإندونيسي Yuli Yasin
Al-Zahra : Journal for Islamic and Arabic Studies Vol 20, No 1 (2023): Al-Zahra: Journal For Islamic And Arabic Studies
Publisher : Fakultas Dirasat Islamiyah, Univitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/zr.v20i1.32059

Abstract

Customary marriages, also known as unregistered marriages, are often misunderstood as unannounced (siri) marriages, even though not all unregistered marriages are siri (secret) in nature. This study aims to explain the nature of unregistered marriage, its difference from the syar'i marriage, official marriage and unannounced marriage. At the same time, this study also adresses that customary marriage, even though it is legal according to Islamic fiqh, is not recommended since it contradicts with the Qur'anic commandment regarding the need of muslim to comply with waliyyul amr or those who hold authority. The customary marriage also may results in mafsadat which can actually be avoided by registering marriages according to government regulations. Meanwhile, under Indonesian legal system, customary marriage has no legal justification, and as a result there is no legal guarantee for married couples. As well, this study confirms that customary marriage ignores the legal existence to women and children who will be born, such practise is not in accordance with the purpose of the marriage itself.
عادة ماكاتي (’Makkatte) بسولاويسي الجنوبية: بين التعاليم الدينية والتقاليد المحلية Yuli Yasin; Nadyatul Hikmah Shuhufi; Fiina Ishmatul Maula
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 11 No. 2 (2022): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1143.12 KB) | DOI: 10.31291/hn.v11i2.666

Abstract

This research discusses about one of the customs or social traditions practiced by Muslim community in South Sulawesi. This tradition is called “Makkatte”. It is said that this tradition stems from the teachings of Islam, which includes a ceremony of female circumcision. It is well known that female circumcision has become subject for public debate and discussion in our present era, after the classical Muslim jurists agreed on its legitimacy, despite of their differences in its ruling, whether such a practice is considered a religious obligation or Sunnah. This research aims to define the Makkatte tradition and its status in the South Sulawesi community, in addition to its rule in the Islamic jurisprudence. This research adopts the descriptive and analytical method that allows researcher to obtain information, documents and folk narratives. This research also used field work method by making interviews with relevant sources and distributing questionnaires in 16 regions in South Sulawesi. One of the most important findings from this research is that Makkatte is a ceremony that includes ablution, pronouncement of shahada, reciting some verses of the Qur’an, and female circumcision. In its ritual process, Makkatte is most often performed by a person known as Sanro, which means midwife according to the Bugis language in Sulawesi. The majority of the Muslim community in South Sulawesi agreed that the tradition of Makkatte is an obligation on every female, as it includes shahada and circumcision. This study also affirms that the additional customary ceremonies to Makkatte does not affect the fact that it is in compliance with God Almighty's command to circumcise females.
RELIGION AND THE POLITICS OF NATIONALIST THOUGHT: COMPARATIVE ANALYSIS OF HINDU NATIONALISM IN INDIA AND MUSLIM NATIONALISM IN INDONESIA Ali Munhanif; Yuli Yasin
ILMU USHULUDDIN Vol. 9, No. 1, July 2022
Publisher : Peminat Ilmu Ushuluddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/iu.v9i1.32065

Abstract

The rise of religious nationalism in recent decades in developing countries has sparked attention among scholars. This article seeks to explore the political and cultural dynamics of the contemporary resurgence of religious nationalism, many of them reflected in Hindu nationalist in India and Muslim nationalist in Indonesia. We address the following question: What are the likely factors for religious-nationalist movements coming to the center stage of nation-state politics? Using the historical-institutional approach to religious politics, we argue that the forces that have driven the resurgence of religious nationalist were the interaction between the institutional design of the nation-state and the considerable opportunities for change – in a certain period of political crisis. Embedded in the issues of the institutional challenge is another series of questions that this article will address. There are variations in how and when religious-nationalist politics emerged. Why, for example, did the rise of religious politics occur in such varying ways, for instance, through a political party in India and civil society movements in Indonesia? Why did regimes or governments that promoted secular ideologies in India and Indonesia lose their hegemonic position? The answers to these questions are also largely historical-institutional. By focusing on how political institutions shape political dynamics, we suggest that institutions shape social and political outcomes, they necessarily affect people’s behavior as reflected in the politics of religious nationalism.