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All Journal International Journal of Post-Axial: Futuristic Teaching and Learning Referensi Islamika: Jurnal Studi Islam
Suhri Hanafi
Universitas Islam Negeri Datokarama Palu
Religion Humanities Education Languange, Linguistic, Communication & Media Social Sciences Other

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Judicial Considerations in Marriage Dispensation Cases at the Donggala Religious Court: Implications for Adolescent Character Formation and Legal Literacy: Pertimbangan Hakim dalam Perkara Dispensasi Nikah di Pengadilan Agama Donggala: Implikasinya terhadap Pendidikan Karakter dan Literasi Hukum Remaja Agus Setiawan; Muhammad Akbar; Suhri Hanafi
International Journal of Post Axial: Futuristic Teaching and Learning Vol. 4 No. 3 September 2026: International Journal of Post-Axial
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/postaxial.v4i3.1825

Abstract

Legal literacy plays an important role in equipping adolescents with legal knowledge, awareness of consequences, and the ability to make responsible decisions, particularly in relation to interpersonal relationships and marriage. Marriage dispensation cases provide an empirical context for identifying adolescent needs related to responsibility, self-control, psychological readiness, legal awareness, and decision-making. This study aims to analyze the character and legal literacy dimensions reflected in judicial considerations in marriage dispensation cases at the Donggala Religious Court. Using a qualitative case study design, data were collected through interviews with a judge and a court clerk, supported by documentation of 45 marriage dispensation cases registered between 2024 and September 2026. The findings reveal that cases involving pregnancy before marriage and highly intimate romantic relationships reflect the need to strengthen responsibility, self-control, psychological readiness, awareness of consequences, and mature decision-making among adolescents. Judicial considerations also highlight legal literacy concerning the minimum marriage age, marriage dispensation, rights and obligations, and child protection. These findings emphasize the importance of strengthening adolescent legal literacy as a preventive approach through schools, families, religious institutions, and communities.
The Novaya customary sanction among the Kaili tribe: An analysis of al-‘urf and the maqasid al-shari’ah Ahmad Syafii; Fifin Sefriani; Sitti Nurkhaerah; Suhri Hanafi; Amiruddin Amrullah
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 5 (2026): October
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i5.1073

Abstract

Purpose – This study aims to analyze the forms and application of Novaya customary sanctions among the Kaili people, as well as to examine their compatibility with the concept of ‘urf and the principles of maqashid sharia. Design – The research method used was a qualitative approach, employing interviews and documentation as data collection methods. The study was conducted in Bulubete Village, South Dolo Subdistrict, Sigi Regency. The informants consisted of one traditional leader and four members of the indigenous community. Informants were selected using purposive sampling. The data were validated through triangulation and analyzed using the Miles and Huberman model. Findings – The findings identify seven categories of conduct addressed through the Potangara Nuada customary-hearing process. The analysis distinguishes three dimensions of Novaya: (1) customary norms defining prohibited conduct, (2) the customary procedure for reporting, hearing, deliberation, reconciliation, and restitution, and (3) material sanctions such as livestock, customary objects, and monetary payments. The first two dimensions show substantial compatibility with the requirements of ‘urf ṣaḥīḥ when they do not contradict Sharia or cause harm; the material sanctions require separate contextual assessment and cannot automatically be treated as Islamic-law sanctions. The maqāṣid analysis focuses on ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-‘ird because these are the dimensions directly evidenced by the reported cases and procedures. Research Implications – This study focuses only on Bulubete’s Kaili community, limiting broader understanding of Novaya variations across other Kaili regions. Originality – The study contributes an integrated analysis using ‘urf and maqāṣid al-Syarī‘ah. Its contribution lies in distinguishing the legal evaluation of customary norms, dispute-resolution procedures, and material sanctions, while interpreting the latter through proportionality and harm-prevention considerations.    
Co-Authors Agus Setiawan Ahmad Syafii Amiruddin Amrullah Fifin Sefriani Muhammad Akbar Sitti Nurkhaerah