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Nurdin Nurdin
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Program Pascasarjana Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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International Journal of Contemporary Islamic Law and Society
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 27158268     EISSN : 27154580     DOI : 10.24239/ijcils
Core Subject : Religion, Social,
Religion Social Sciences
The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on branches of Islamic law, both theory and practice, from juridical, social, economic, political, and humanities perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 3 No 1 (2021)" : 6 Documents clear
Gender Analysis of Marriage Guardians in the Compilation of Islamic Law Abd. Rasyid Sidiq; Rusli Rusli; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.913 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.24

Abstract

The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.
Islamic Law Perspective on Settlement of Inheritance Disputes Arsyam Arsyam; Siti Musyahidah; Malkan Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.64 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.25

Abstract

This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.
Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement Marzuki Marzuki; Abidin Abidin; Hilal Malarangan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.304 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.26

Abstract

The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.
Pre-Marital Counseling Effectiveness In Building Happy Muslim Families Mohammad Nasir; Zainal Abidin; Lukman S. Thahir
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (220.009 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.27

Abstract

This study discusses the effectiveness of premarital guidance and counseling in building sakinah families at the Office of Religious Affairs (KUA) of Parigi District, Parigi Moutong Regency. The study used qualitative methods and the data was gathered through observation, indepth interviews and written material. The data analysis was analyzed through reduction process, then the data was presented in a table, and it was also verified, and finally the discussion was built based on the data. The results showed that (1) Guidance and premarital counseling in KUA Parigi District has been effectively carried out through premarital counseling and counseling programs carried out through two stages namely the pre-implementation stage and the implementation stage by increasing the role of the counselor in handling divorce, and guidance and pre-marital counseling with procedures that have been determined based on the existing schedule and comprehensive pre-marital guidance materials guided by KUA Employees and several other relevant agencies.
Islamic Law Perspective on Civil Servant Divorce Process
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.314 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.28

Abstract

The aim of this study is to understand Islamic Law Perspectives on the divorce that is carried out by the government employees in Palu. This study used a qualitative field research. The research procedure that produces descriptive data in the form of writing and attitudes that can be observed from the subject itself. The data sources were obtained from primary and secondary data collected by observation, interviews and documentation. The data analysis techniques used were inductive and continuous using data reduction, data presentation and drawing conclusions or verification. The results show that the government employees who will conduct a divorce must obtain permission from the competent superior, which is then processed at the Regional Civil Service Agency, then the application process or divorce suit will be continued at the Palu Religious Court Class I A. As for legal review Islam regarding the divorce process of the State Civil Apparatus (ASN) is in accordance with Islamic law based on the word of Allah in QS An-Nisaa: (4): 59 and the complicating principle contained in the divorce process of the State Civil Apparatus (ASN) is in line with Islamic law as in the hadith of the prophet, namely From Ibn Umar. He said that Rasulullah Saw. has said, “that which is lawful which God hates most is divorce”. By understanding this hadith, Islam encourages the realization of a happy and eternal marriage, this is also contained in Law 1 of 1974 concerning the purpose of marriage, namely to form a happy and eternal family (household) based on one Godhead.
Marriage Properties Sharing Based on Islamic Law Sudirman A. Dg. Mataro; M. Taufan B; Ermawati Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.945 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.29

Abstract

The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.

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