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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 4 No 1 (2022)" : 6 Documents clear
The Authority of the Indonesian Ulama Council in Certifying Halal Products From a Siyasah Syar’iyyah Perspective Abdul Syatar; Firdayanti Firdayanti
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (861.901 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.30

Abstract

The emergence of public concerns regarding products that are still in doubt about the halalness of products in Indonesia makes the researcher try to understand the authority of the Indonesian Ulama Council, in this case issuing a fatwa related to the halal or haram of a product. Talking about fatwas, it cannot be separated from the authority of the Indonesian Ulama Council in issuing fatwas on the halal and haram of a product. This study employed library research with a siyasa syar'iyyah approach. The results showed that 1) the standards used by Indonesian Ulama Council in determining the halal and haram of a product by taking into account the legal status of the substances used, how to obtain them, how to produce them and how to market them, 2) related to the effectiveness of the inclusion of the halal logo and the existence of a halal certificate on every the product was still low because there were still products that did not have a halal certificate and the inclusion of a halal logo, and 3) the authority of Indonesian Ulama Council in halal certification from a siyasah syar'iyyah perspective by providing legal considerations among the people, even though it did not have binding legal force. As an implication of this study, it is hoped that there will be aware for the Muslim community to be more careful in consuming a product, especially Muslim business actors in order to understand the importance of halal certificates and the inclusion of a halal logo on each product.
Divorce Mediation at Religious Courts in Pasangkayu during the Covid-19 Pandemic: Socio-Juridical Analysis Gasim Yamani; Nazil Fahmi; Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1440.751 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.37

Abstract

This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.
The Existence of Marriage Dispensation After the Revision of the Marriage Law at the Religious Court of Donggala, Central Sulawesi Abidin Abidin; Sudirman B.; Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1014.373 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.38

Abstract

The Indonesian government regulates the age of marriage through Law Number 16 of 2019. This rule states that the minimum age for marriage is 19 years. Nevertheless, marriage dispensation given by the government is often used as a loophole for deviation and legalization of child marriage. This study describes this phenomenon after the revision of the Law on Marriage, the factors, and impacts of the dispensation based on judicial practice at the Religious Courts in Donggala Regency. The examination uses a socio-juridical model with theological-normative, juridical-normative, and legal sociology approaches. The data were collected by interview, documentation, and observation methods. The analysis was carried out using reduction techniques, data presentation, and conclusion formulation. The dispensation of marriage caused by the disharmony of regulations and the contradictory nature between the Marriage Law and the Child Protection Act results in weak law enforcement and minimal compliance with it from the community. Multi-factor considerations, including religion, social, culture, economy, education, health, and other factors, are often considered in giving marriage dispensation.
Inheritance Sharing System in Tinombala Village from the Perspective of Islamic Law M. Taufan B.; Muhammad Yusuf Surya; Nasaruddin Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.025 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.39

Abstract

The legal system in Indonesia is plural in nature of the existence of customary law, Islamic law, and laws in Western traditions. The customary law system seems to be dominantly used by rural communities in solving private problems, such as the distribution of inheritance. Considering Indonesia has a Muslim majority population, this article discusses the inheritance distribution system in rural communities from the perspective of Islamic law. The research location is Tinombala Village in Parigi Mautong Regency. This study uses qualitative methods with three data collection techniques: observation, interviews, and documentation. Primary and secondary data were analyzed using data reduction, presentation, and verification methods. The results of this study indicate that the distribution of inheritance carried out by the villagers is determined based on customary law, even though the majority of the population is Muslim. Based on local customary law, the assets left by the deceased parents are distributed only to the children who died. The last child often gets the most share. Such practice is not following the principle of inheritance distribution in Islamic law.
The Impact of the Implementation of Regional Autonomy on the Village Government System: An Overview of Siyasah Syar’iyyah Muhammad Syarif; Muhamad Aswin; Ali Imron
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.168 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.40

Abstract

This article describes the impact of implementing regional autonomy on the village government system in terms of Islamic law policies. The location of the research concentration is in Petimbe Village, Sigi Regency, Central Sulawesi Province. Empirical legal methods and qualitative approaches are used to holistically understand the phenomena experienced by the subjects, including behavior, motivation, and action. The implementation of regional autonomy in the village government system positively impacts the community. This fact shows conformity with the principles of Islamic legal policy (al-siyasah al-syar’iyyah), prioritizing deliberation, justice, and the common good. However, without a good control function, the autonomy granted to village administrations can open up opportunities for corrupt practices and abuse of authority by village officials.
The Role of the Office of Religious Affairs in Raising Awareness of Converts in Providing Waqf: Case Study in North Morowali Regency
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.529 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.42

Abstract

This article discusses the role of the Office of Religious Affairs in increasing awareness of converts to giving religious endowment (waqf). In the Islamic tradition, giving waqf is a form of worship oriented toward society’s welfare. However, waqf collection is still constrained by minimal socialization among people who are considered capable. As an institution that has direct contact with the Muslim community, the Office of Religious Affairs has the task of socializing the payment of waqf, including to converts. This research takes a case study in Bahontula Village, North Morowali Regency, where most of the converts in this area come from the upper-middle class. This research is a qualitative study with primary and secondary data collected through observation, interviews, and documentation. The available data were analyzed by data reduction, presentation, and interpretation methods. The results of this study indicate that the local Religious Affairs Office has directly disseminated waqf to converts. Nevertheless, these efforts have not been optimal due to inconsistent allocation of time for the socialization of waqf.

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