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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 2 (2021)" : 6 Documents clear
Polygamy from Quraish Shihab’s View in the Tafsir Al-Mishbah Syamsuddin Syamsuddin; Zainal Abidin; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (952.207 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.31

Abstract

This paper aims to find out the method used by Quraish and the factors that influenced his interpretation of polygamy in the Tafsir of Al-Mishbah. This research is a literature research using Arkoun's hermeneutic approach in analyzing the Quraish interpretation of Polygamy in his Tafsir. Data collection was carried out by citing and analyzing relevant literature on the issue discussed, then reviewing and concluding it. The results of this study indicate that polygamy is pictured as a small emergency exit that can only be conducted in emergency situation. The method used by Quraish Shihab in his interpretation of polygamy is the tahlili method, and the approach is more dominantly contextual. Likewise, the factores that influenced his interpretation include his social settings, schools of thought, and such figures such as Al-Biqai, Muh. Abduh, Tabataba'i, and Al-Farmawy.
The Role of Executors in Mariage Properties Sharing Based on Islamic Law Syuaib Syuaib; M. Taufan B.; Ermawati Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (926.607 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.32

Abstract

This study discusses the duties and functions of court bailiff in the settlement of marriage properties or gono gini in the religion court. This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.
The Impact of Underage Marriages on Family Welfare Yusma Natasya Perdana; Abidin Abidin; Kamaruddin Kamaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (995.496 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.33

Abstract

This study examines the Impact of underage marriages on household welfare. The phenomenon of early marriage in Indonesia has attracted attention from scholars and practitioners. This study employed a qualitative method. The data were collected through direct observation, in-depth-interviews, and written document analysis. Data analysis was conducted through reduction techniques, data presentation, data verification, and conclusion drawing. The results of this study showed that the level of well-being of early marriage were included in the category below the establishment line of life both financially and spiritually. Factors causing changes in welfare include mindset, mental, and spiritual which is immature in family management causing a loss of the real purpose of building well-being and happiness families. The implication of this study was seen from Islamic law. Even though under ages marriage is legal in Islamic law perspective, but the marriage is not legal from government las perspectives. Underage marriage caused negative impact of family wel-being and happiness.
Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife Aryati Yahya; Rusli Rusli; Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.63 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.34

Abstract

The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.
Sociologies Perspectives on Unregistered Marriages in Muslim Socities Zed Bachmid; Malkan Malkan; Ali Imron
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (999.147 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.35

Abstract

The study focuses on the practical concept of the unregistered marriage at the Marawola Sub-district. It seeks to understand factors that cause the practices and their sociological impacts. The study aims to recognize the practical concept of the unregistered marriage, factors affecting the practices, and their sociological impacts. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at the Marawola Sub-district. The findings of the study show that there were a lot of people in the community under the authority of the Marawola Sub-district practiced unregistered marriages. They made mention that the reasons for their practices which were derived from their interviews were legal because they believed that the unregistered marriages have fulfilled terms and conditions for lawful marriages. They argued that a marriage registration is only for the legalization of the marriage. The reasons for the unregistered marriage practices covered many factors. First, it is due to the ignorance of the community in regards to procedures for a marriage registration at the Marawola Sub-district. Other reasons are related to administrative requirements for a marriage registration and marriages by accident due to pregnancies. In addition, unlawful actions of irresponsible individuals in the community who helped perpetrators to find a shortcut for the Unregistered Marriages could also cause the insurgence of the practices. These all brought sociological impacts in their society especially for wives and children where there is no legal protection for them. Hence, there was no recognition from formal law which then resulted in long-term social impacts and negative turmoil in the community.
Islamic Law Perspective on the Use of Incense in Thanksgiving Events at the Balabe Customs in Kailinese Ethnic Hikwan Wahyudi; Ubay Harun; Muhammad Taufik
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (982.568 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.36

Abstract

The traditional Balabe or Nolabe in the thanksgiving event is an asset of cultural wealth in Central Sulawesi, Indonesia. The Balebe or Molabe custom is carried out every time there are celebratory activities such as weddings, mourning, childbirth and others. This study aims to provide knowledge and understanding of the process of using incense in the implementation of the Balabe custom and how to review Islamic law on the tradition. This study uses a qualitative approach, namely research procedures that produce descriptive data in the form of written or spoken words from people related to the people in Palupi, especially the Kaili tribe. The data collection techniques used in this research are observation, interview, and documentation techniques. Furthermore, after the data is collected, the data obtained needs to be analyzed in three stages that run in cycles: data reduction, data presentation, and drawing conclusions or verification. The results of this study indicate that basically, the major schools of jurisprudence agree to accept customs as the basis for the formation of law. However, in terms of numbers and details, there are differences of opinion between these schools, so that 'urf is included in the group of disputed arguments among scholars. The research implies that it is hoped that all leaders, the community and local government officials will maintain and preserve the bolabe tradition in order to survive even in the face of today's times.

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