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All Journal Bulletin of Indonesian Islamic Studies Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman
Dzulfikar Rodafi
Universitas Islam Malang, Indonesia
Religion Arts Humanities Education Social Sciences

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Engineering (Hilah) Of Guardians For Child Marriage Of Admiral From an Islamic Law Perspective Muhsin Luki; Syamsu Madyan; Dzulfikar Rodafi
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2372

Abstract

The adulterous child marriage that occurred in Sreseh District, Sampang presents a dilemma between normative rules that require a guardian judge and the practice of engineering marriage guardians for social interests, so this empirical legal research through literature study, interviews, observations, and documentation examines the hilah pattern, motivation, impact, and Islamic legal review. Thus, four patterns were identified: taukil biological father to guardian judge, contract in a closed place that was then announced, double contract by biological father and guardian judge, and unregistered marriage with taqlid Hanafi school or walimuhakkam. Engineering is driven by the desire to cover up shame, maintain social conduciveness, prevent the annulment of the marriage by the groom, and guarantee the validity of the contract, but has an impact on reducing household harmony to divorce. From the fiqh perspective, a marriage remains valid because the contract is ratified by a judge or by the school of thought followed, while the validity of manipulation depends on the harm: it is permitted if it prevents disturbances or anarchy, but is forbidden if it is solely for the benefit of the bride's family so that the marriage is not considered.
The Taking and Use of Dowry by the Bride's Parents: A Sociological and Islamic Legal Perspective Adam Muhsin; Dzulfikar Rodafi; Syamsu Madyan
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2374

Abstract

One form of Islamic respect for women is the provision of a dowry, which is the wife's full property. Essentially, the dowry is an absolute right of the wife. However, in Padurungan Tanah Merah Village, Bangkalan, a predominantly Muslim village, a tradition still exists where the bride's parents take the gift in the form of money and may not use it for the wife. This prompted researchers to examine this issue in more depth using a juridical-empirical approach and qualitative methods using interviews, observation, and documentation. The results of the study revealed three patterns of dowry use by parents: it is considered the full right of the parents, it is distributed to unmarried relatives, or it is used to cover wedding expenses. Sociologically, this practice is motivated by the belief that it is taboo for the bride to use the dowry, although this tradition has no basis and tends to be superstitious (tathoyur). Under Islamic law, this act constitutes the taking of another person's property, which requires the wife's consent (thibi nafsi).
The Concept of Madurese Customary Inheritance from the Perspective of Anthropology and Islamic Law Masduki Masduki; Dzulfikar Rodafi; Syamsu Madyan
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2384

Abstract

The Pakaan Dajah Village community in Madura has a tradition of inheritance distribution that deviates from the faraid system of Islamic law. In other words, this village has an inheritance distribution system that does not conform to the distribution of inheritance as outlined in Islamic law. This study examines the implementation of customary inheritance from the perspective of legal anthropology and Islamic law using a juridical-empirical and juridical-sociological approach through qualitative methods. Data were collected through literature studies, interviews, observations, and documentation. The results show that inheritance distribution is carried out in two ways: during the testator's lifetime through a gift or will, and after the testator's death through deliberation and consensus among the heirs. This tradition tends to divide assets equally without distinction of gender, because men and women are considered to have equal value and roles in the family. This tradition is considered fairer and minimizes conflict, and is deeply rooted in society. Contextually, this inheritance practice can be justified because it is in line with the principle of deliberation and consensus in Islam and can be categorized as takharuj in Hanafi jurisprudence, although under certain conditions, the distribution can still be returned to the faroid system.
Determination Of The Amount Of Dowry At Lampung Traditional Marriage In A Review Of Fiqh Munakahat Jamzuri Malik MD; Syamsu Madyan; Dzulfikar Rodafi
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 3 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i3.2633

Abstract

This article examines the determination of relatively high dowries (mahar/maskawin) in Lampung Melinting traditional marriages in East Lampung and their conformity with Islamic law and Indonesian marriage law. Using an empirical juridical approach, data were collected through interviews with traditional leaders, religious leaders, community figures, and married couples, supported by statutory and conceptual materials. The findings show that the amount and form of dowry are not fixed, but are negotiated through family deliberation, taking into account the groom’s economic capacity and the expectations of the bride’s family within local custom. A high dowry is perceived as a symbol of pride, social status, and the groom’s seriousness in building a household, but it may also trigger social pressure, land sales, and economic burden. From the perspective of Islamic jurisprudence, there is no minimum or maximum standard of dowry as long as it is lawful, valuable, and agreed upon willingly. The study concludes that the Lampung Melinting practice of determining dowry reflects a dynamic interplay between religious norms, state law, and living custom, which needs continuous contextualization in modern society and justice.
Islamic Legal Perspectives on the Practice of Tajdīd al-Nikāḥ within Madurese Tradition: A Case Study in Lantek Barat Village, Indonesia Mahrus Ali; Shofiatul Jannah; Dzulfikar Rodafi
Bulletin of Indonesian Islamic Studies Vol. 4 No. 2 (2025): Bulletin of Indonesian Islamic Studies
Publisher : KURAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51214/biis.v4i2.1573

Abstract

The socio-religious tradition of Tajdīd al-Nikāḥ is not merely a ritual, but rather a manifestation of administrative needs, spiritual beliefs, and efforts to strengthen the foundations of the household. This study aims to uncover the practice of Tajdīd al-Nikāḥ in the community, explore the motives behind its implementation, examine its impact on social life, and examine it through the perspective of Islamic law. This research is a qualitative study using empirical legal methods with a case study approach. Data collection techniques were carried out through observation, in-depth interviews with community and religious leaders, and documentation. Data analysis was carried out through data condensation, data presentation, and drawing conclusions. The results reveal that Tajdīd al-Nikāḥ in West Lantek Village is practiced by couples who have been married religiously but have not been registered with the Office of Religious Affairs (KUA). Its implementation is driven by administrative needs, strengthening household relations, and local beliefs regarding the blessings of re-wedding contracts. Within the framework of Islamic law, this practice is considered valid as long as it fulfills the pillars and requirements of marriage, and is in line with sharia principles. Analysis based on the Shafi'i School of Law, 'urf, and Maqashid al-Syari'ah shows that Tajdīd marriage can be accepted as a socio-religious mechanism to maintain lineage, family dignity, and societal stability.
Sociological and Islamic Legal Analysis of Sirri Marriage and Marriage Registration among Santri in Indonesia Vina Tarsyihul Ulfah; Dzulfikar Rodafi; Shofiatul Jannah
Bulletin of Indonesian Islamic Studies Vol. 4 No. 2 (2025): Bulletin of Indonesian Islamic Studies
Publisher : KURAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51214/biis.v4i2.1628

Abstract

This study highlights the practice of unregistered marriage (sirri marriage) and marriage registration among students of the Salafiyah ad-Damanhuri Islamic Boarding School, viewed from a sociological and Islamic legal perspective. This research is an empirical legal study at the Salafiyah ad-Damanhuri Islamic Boarding School, using unstructured observation and field interviews with respondents, informants, and sources as data collection techniques, data collection through observation and interviews, then analyzed using the interactive analysis model of Miles, Huberman, and Sadanana. The results of this study indicate that in practice, marriages at the Salafiyah ad-Damanhuri Islamic Boarding School are carried out with the female guardian authorizing the kiai to marry his daughter, accompanied by the presence of the guardian and witnesses so that it is religiously valid, but it is still classified as unregistered marriage in the perspective of positive law. The main motivation for carrying out the unregistered marriage is the desire to obtain blessings (tabarrukan). The students register their marriages after the unregistered marriage by performing tajdid nikah at the KUA. Tabarrukan in the marriage contract is permitted, but marriage registration remains essential. The most appropriate method to restore legal recognition of a sirri ‘secret’ marriage is through the marriage confirmation mechanism, ensuring that the marriage is recognized from the outset.
Choosing a Life Partner through Social Media: An Analysis from the Perspective of Islamic Law Bairi Bairi; Dzulfikar Rodafi; Siti Masruchah
Bulletin of Indonesian Islamic Studies Vol. 4 No. 2 (2025): Bulletin of Indonesian Islamic Studies
Publisher : KURAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51214/biis.v4i2.1629

Abstract

This study aims to examine the phenomenon of partner selection through social media in Lerpak Village, Geger District, Bangkalan, by highlighting its positive and negative impacts and examining the practice from an Islamic legal perspective. This study uses a descriptive type with a qualitative approach. Data were collected through library research and field research. Data collection techniques include interviews, observation, and documentation. Data analysis techniques use data collection, data reduction, data presentation, and drawing conclusions. The results of the study are as follows: (1) Searching for a partner through social media in Lerpak Village is starting to become popular and many people are doing it. The media used are Facebook and WhatsApp. From these media they conduct explorations. From these explorations, some have reached marriage and engagement. And some have not continued. (2) The positive impact of searching for a partner on social media in Lerpak Village is getting a partner quickly, more self-confidence, many choices, minimal conflict and no need for intermediaries. While the negative impacts are: identity falsification, misjudgment, and lack of control. (3) Searching for a partner through social media is permissible, because social media is a medium (wasāil) for marriage that can be developed.. So it does not deviate from the concept of maslahah because it does not deviate from the five maqāṣid al-sharī’ah, namely: preserving religion, soul, mind, descendants and property.
Co-Authors Adam Muhsin Bairi Bairi Jamzuri Malik MD Mahrus Ali Masduki Masduki Muhsin Luki Shofiatul Jannah Siti Masruchah Syamsu Madyan Vina Tarsyihul Ulfah