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All Journal Jurnal Kajian Islam dan Sosial Keagamaan Al-amiyah : Jurnal Ilmiah Multidisiplin
Musthato’, Musthato’
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tinjauan Maqashid Al-Syariah terhadap Kepastian Hukum Pencatatan Perkawinan di KUA Kecamatan Bengalon Rani, Elisa; Musthato’, Musthato’; Prima, Anggra
AL-AMIYAH: Jurnal Ilmiah Multidisiplin Vol. 2 No. 02 (2025): Mei-Agustus
Publisher : Yayasan Miftahul Ulum Sangatta Kutai Timur (KEP. MENKUMHAM RI No. AHU-0014779.AH.01.04.Tahun 2018) bekerjasama dengan Jurusan Tarbiyah STAI Sangatta Kab. Kutai Timur.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71382/aa.v2i02.266

Abstract

This study aims to examine the legal certainty of marriage registration from the perspective of Maqashid al-Syariah, with a case study at the Office of Religious Affairs (KUA) in Bengalon District. Although marriage registration is not a pillar or requirement for the validity of a marriage in Islamic law, it plays a crucial role in ensuring legal certainty, protecting the rights of spouses and children, and preventing future disputes. The research employs a descriptive qualitative method with data collected through observation, interviews with the head of the KUA and marriage registration officers, and documentation from relevant sources. This approach allows for an in-depth understanding of the marriage registration process in relation to the core objectives of Islamic law (al-Kulliyat al-Khams). The findings indicate that marriage registration supports legal certainty in accordance with the five main goals of Maqashid al-Syariah: protecting religion (hifz al-din) by ensuring compliance with Islamic and state legal norms; protecting life (hifz al-nafs) by safeguarding the rights of spouses and children; preserving lineage (hifz al-nasl) by securing the legal status and inheritance rights of children; preventing illegal or unrecognized marriages, which contributes to social order; and protecting wealth (hifz al-mal) by ensuring economic rights within marriage. Thus, marriage registration serves as a vital instrument in promoting public welfare.
Analisis Putusan Pengadilan Agama Sangatta Atas Perceraian Dengan Alasan Kelainan Seksual Andryansyah, Andryansyah; Musthato’, Musthato’; Anggra Prima
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 2 No. 4 (2025): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

In Positive Law in Indonesia divorce is regulated in legislation, namely Law No. 16 of 2019 concerning marriage strengthened in Minister of Religion Regulation Number 30 of 2024 and the Compilation of Islamic Law (KHI). This study aims to understand the considerations of the Panel of Judges in deciding cases and the views of Islamic Law related to divorce on the grounds of sexual disorder in the Sangatta Religious Court. This research uses a Qualitative method Normative juridical approach in this research uses normative legal research methods, focusing on legal systematics. Data was collected through observation techniques, in-depth interviews with the Head of the Sangatta Religious Court and documentation from various related sources. The results showed that the Judge's consideration related to divorce on the grounds of sexual disorder did not focus on the sexual disorder but on other factors such as indecent acts in sex and non-fulfillment of rights and obligations in marriage also contributed to this case.
Tinjauan Hukum Islam Terhadap Adat Pernikahan Habaib (Studi Kasus Praktik Pernikahan Keluarga Habaib Di Sangatta) Ahmad Abrar; Musthato’, Musthato’; Anggra Prima
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 2 No. 4 (2025): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

This study aims to analyze the marriage customs of Habaib in Sangatta from the perspective of Islamic law, focusing on the harmonization between customs and the principles of sharia. This research uses a descriptive qualitative method with a phenomenological approach to explore the subjective experiences of the perpetrators of Habaib marriage customs. The results showed that although the Habaib marriage custom in Sangatta still maintains the principle of maintaining lineage according to Islamic law, there is flexibility in adjusting some aspects of tradition to local culture. The marriage process is still carried out according to the pillars of Islam, and also the Habaib marriage custom in Sangatta reflects efforts to preserve traditional values that are considered sacred. however, harmonization between customary values and Islamic legal principles is needed so that the implementation of marriage remains inclusive and non-discriminatory.
Co-Authors Ahmad Abrar Andryansyah, Andryansyah Anggra Prima Prima, Anggra Rani, Elisa