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All Journal Jurnal Ilmiah Al-Syir'ah AL-MAIYYAH: Media Transformasi Gender dalam Paradigma Sosial Keagamaan
Rukiah Rukiah
Institut Agama Islam Negeri Parepare
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kontekstualisasi Maqaashidu Al-Syariah terhadap Penerapan Hak Ex Officio Hakim Rusdaya Basri; Rukiah Rukiah
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 13 No 1 (2020): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

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Abstract

This study examines the perspective of judges in applying their ex officio rights to the protection of the rights of children and wives on divorce cases at Religious Court Pinrang. This research assessed with descriptive qualitative approach using observation and depth-interview to the judges. The result shows that the judges absolutely apply their ex officio to the issue of Mut’ah. There are cross-opinion for the issue of iddah alimony for women in post-divorce, some apply and some do not. While for the issue of hadanah or child rearing, madhiyah property, and common property, the judges agreed that those issues are not include in the judges’ ex officio rights. However, it still must be prosecuted to find out the clear real case.
Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture Saidah Saidah; Rukiah Rukiah; Sunuwati Sunuwati; Zaini Nasohah
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3156

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.
Co-Authors Rusdaya Basri, Rusdaya Saidah Saidah Sunuwati Sunuwati Zaini Nasohah