Al-Istinbath: Jurnal Hukum Islam
Vol 10 No 1 (2025)

The Dilemma of Joint Property (Gono-gini) in Multi-Ethnic Marriage Communities in North Sulawesi

Salma, Salma (Unknown)
Alwi, Baso Mufti (Unknown)
Hasan, Faradila (Unknown)
Karim Hammad, Hamza Abed Al (Unknown)



Article Info

Publish Date
30 Apr 2025

Abstract

Implementing marriage agreements in multi-ethnic communities presents complexities, particularly in harmonizing Islamic, customary, and favorable laws. The gap in understanding the concept of Syirkah Al-milk in classical fiqh and modern practice, as well as the lack of comprehensive studies on the implementation of marriage agreements in multi-ethnic areas such as North Sulawesi, creates an urgency to explore this phenomenon further. This study aims to analyze the implementation of marriage agreements from the perspective of Syirkah Al-milk and its dynamics in North Sulawesi's multi-ethnic communities. The study employed a qualitative approach with a multisite case study design across seven religious court institutions. Researchers collected data through semi-structured interviews with judges, religious figures, and traditional leaders, as well as non-participant observation and document analysis. They validated the data using method triangulation, member checking, and peer debriefing. The study found a significant gap between the concept of Syirkah Al-milk in Islamic law and its practice in society. Religious court judges face challenges harmonizing Syirkah principles with socio-cultural realities, particularly in recognizing non-financial contributions within marriage. Constitutional Court Decision No. 69/PUU-XII/2015 provides new flexibility in line with the principle of maslahah in implementing marriage agreements. The study concludes that a holistic approach integrating Sharia values, customary law, and positive law is necessary to develop a more adaptive marriage agreement system. Continuous efforts are required to increase public understanding of Syirkah Al-milk concepts and the benefits of marriage agreements.

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Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...