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All Journal ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Rahmad Fauzi Hasibuan
Universitas Islam Negeri Sumatera Utara
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The Influence of Local Culture on Marriage Practices from an Islamic Law Perspective Maulana Ferdian; Muhamad Anwar; Mhd Ibnu Rizqy S; Khairin Dzaki; Rahmad Fauzi Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.808

Abstract

This study aims to examine local cultural practices in the implementation of marriage in Indonesia and analyze them based on the principles of Islamic law. The approach used is library research by collecting and reviewing various relevant literature on marriage customs in several ethnic groups, such as the practice of forced marriage in the Sasak community in Lombok, elopement (silariang) in the Toraja and Bugis-Makassar tribes, the prohibition of inter-ethnic marriage in Minangkabau, and the tradition of dowry in Bugis culture. The research findings indicate that several of these traditions still conflict with sharia provisions, particularly related to the right to freedom of choice of partner, the principle of justice, and ease in conducting marriage. The practice of forced marriage and elopement that does not meet the requirements of the presence of a guardian and witnesses are considered invalid under Islamic law. Furthermore, the prohibition of inter-ethnic marriage that hinders the implementation of marriage also contradicts Islamic values that emphasize equal rights and justice. The determination of burdensome customary dowries can hinder the goal of a harmonious marriage in Islam. This study emphasizes the importance of integration between cultural customs and sharia through the concept of 'urf sahih so that traditional traditions can be aligned with Islamic teachings. Therefore, the active role of religious and traditional leaders is very necessary in providing education and opening constructive dialogue to correct deviant practices, so that the implementation of marriage can run in accordance with the values of justice, compassion, and humanity according to Islam.
Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.
Co-Authors Ahmad Nizar Mohammad Syamwil Irpan Mauliandi Damanik Khairin Dzaki Maulana Ferdian Mhd Ibnu Rizqy S Muhamad Anwar Nur Hafizah Husna Siti Kholizah