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Nurdin Nurdin
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ijcils@iainpalu.ac.id
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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 2 (2022)" : 6 Documents clear
Socio Juridical Analysis of Underage Marriage Caused by Pre-Marital Pregnancy: a Case Study in Banggai Islands Regency Wardin Tolodo; Muhammad Akbar; M. Taufan B.
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.47

Abstract

This study discusses a socio-juridical analysis of underage marriages caused by pre-marital pregnancy in Banggai Islands Regency. The aims of this study are to discuss socio-juridical review of underage marriage in Banggai Islands Regency and the impacts from the existence of underage marriages on household harmony. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and writeen document analysis. The data, then, was analysed using themnatic analysis to find themes from the data. This study found that based on Law no. 16 of 2019 concerning marriage age limit, women are permitted to be married after age nineteen years old and . However, in an eergency case, a woman under nineteen years olad is allowed to be marreid if her parents obtain a dispensation from the religious court. Such emergency condition may be pre-marital pregnancy or economic problems. In some cases of underage marriage, we found that cauples underage marriages experience more negative impacts than positive impacts on the harmony in the their relationship. Negative impacts include women physical and mental health, and also economic limitation. We also found that most of pre-marital pregnancies were caused by permissive relationship, low education, lack of parental attention, promiscuity, misuse of technology, and lack of knowledge or understanding of religion.
Judges' Considerations in Granting Permission to Underage Marriage Applications at the Luwuk Religious Court N. A. Sustiono; Marzuki Marzuki; Sidik Ibrahim
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.48

Abstract

This study discusses judges’ considerations in granting requests for underage marriages permission at the Luwuk Religious Court. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and written document analysis. The data, then, was analyzed using thematic analysis to find themes from the data. The results of this study show that the procedure for submitting a marriage dispensation at the religious court is the same as the mechanism for filing other application cases. Increasing the minimum age for marriage for women to 19 years impacted the increase cases of underage marriage dispensation applications at the Religious Courts. The filing of a underage marriage dispensation case in the Religious Courts was caused by preventive and curative factors. The basis used by the judge in deciding the application for underage marriage dispensation is based on the theory of law enforcement. Then there must be considerations encouraging the judge to grant the application for underage marriage dispensations. The factors considered by judges in determining the dispensation of marriage were also related to psychological, health, educational, and economic factors. These four factors were taken into serious consideration by the judge in determining the dispensation of marriage. Based on the results, we recommend the religious courts should be more selective in examining, considering, and determining applications for underage marriage dispensation to prevent social conflicts and the impact of these decisions to society.
Analysis of Maqâshid Al-Sharî'ah on the Dutu Tradition in Hulondalo Tribe Wedding in Gorontalo Reswin Mustapa; Muhtadin Dg Mustafa; Soraya Attamimi
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.49

Abstract

This study examined the dutu tradition procession at the wedding of the Hulandalo Gorontalo tribe in the perspective of maqâsid al-syarî`ah. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and written document analysis. The data, then, was analyzed using thematic analysis to find themes from the data. The results of this study show that, the procession of the dutu tradition at the wedding of the Hulandalo Gorontalo tribe goes through stages called the wedding process in which the whole community performs (lenggota lo nika) or the standard order of Gorontalo tribal marriages. It has become a tradition that has been passed down from generation to generation and becomes mandatory before the marriage process takes place. The dutu tradition is a tradition that has elements that refer to the Qur'an and the Sunnah of the Prophet. The family tradition is good to carry out and will also be beneficial for human life in the future where in the processes of this dutu tradition contains a lot of sacred meaning. Our analysis of maqâsid al-syarî`ah in the traditions of the marriage dutu of the Hulondalo tribe showed that it belongs to the category of maqashidhajiyyat which maintains its maqashiddharuriyyat. Marriage is a form of hifzalnasl, which Allah commands. The high delivery price is in the position of maqashidtahsîniyyat to glorify a woman as a form of maintaining religion, soul, intellect, offspring, and property. This study concludes that the people of Gorontalo hope that giving Dutu (dowry) is not a burden for a man to marry a woman and that giving gifts is adjusted to the man's ability. The obligation to give gifts is to pleases all parties both mean and women families.
Analysis of Judges' Decision on Witness Divorce Evidence in Donggala Religious Court Usman Usman; Abidin Abidin; Lukman S. Thahir
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.50

Abstract

A judge's decision or commonly called court decision, is a written statement made by a judge as a government official who has been authorized to do so. The statement is made in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.
Problematic of Sirri Marriage in Banggai Islands District: The Case of Aliyan Imamullah's Deviant Sect Marriage Central Peling District, Banggai Islands Regency Zainuddin Adam; Nasaruddin Nasaruddin; Hilal Malarangan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.51

Abstract

This study discusses problems of sirri marriage in Banggai Islands Regency with the focus of Aliyan Imamullah's deviant sect Marriage in Labibi Village, Central Peling District, Banggai Islands Regency. The discussion of this paper include motivating factors for carrying out sirri marriage in the Aliyan Imamullah deviant sect and the view of Islamic law and its implications for sirri marriage on household harmony among adherents of the Aliyan Imamullah deviant sect. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The data was analyzed using thematic approach by determining themes from the empirical data. The results of this study show that the driving factors for the community to carry out unregistered marriages in Labibi Village are due to economic factors, age, education, family and geography. Besides that the lack of public understanding of Islamic law and awareness of marriage registration also caused to practice unregistered marriage or sirri marriage. The practice of sirri marriage in the perspective of Islamic law is valid and appropriate because the terms and conditions have been fulfilled based on Islamic sharia. However, according Indonesia state regulations, the practice of sirri marriage is not recognized because it is not recorded by government authorities. Therefore, most the children born from siiri marriage couples could not obtain a birth certificate before their parent legalize the marriage with the state regulation.
Analysis of Marriage Customs of the Saluan Ethnic Perspective of Islamic Law in Banggai District Ismail Ismail; Zainal Abidin; Gasim Yamani
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 2 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol4.Iss2.52

Abstract

This study aims to analyze the marriage customs of the Saluan Tribe in the perspective of Islamic law in Banggai Regency. The analysis of this research includes the implementation of marriage according to the custom of the Saluan tribe, Banggai Regency and a review of Islamic law on the implementation of the traditional marriage of the Saluan tribe. The research used a qualitative method with data collection techniques used namely observation, in-depth interviews and review of written documents. The data were analyzed using data reduction techniques, data presentation, data verification and drawing conclusions. The results of the study show that the implementation of the traditional marriage of the Saluan tribe in Banggai district begins with the Montoi date or determines the wedding date. Then, the marriage process is continued with exploratory (popitoi), proposed marriage (Monsodoi), marriage deliberation (Mobisalakon Saibatanggo). The final process of the traditional marriage of the Saluan tribe is escorting the bride (Menggundulkan Mangantokon) to the man to get married (Akad Nikah) and visit the parents-in-law's house (Mobilangi Tama).The traditional marriage of the Saluan tribe from the perspective of Islamic law is in accordance with Islamic law. When viewed from a maqâṣidalshariah perspective, the marriage process of the Saluan tribe also does not violate Islamic law because the purpose of the traditional marriage procession is to preserve life and property. This research contributes to people's understanding of the history or origins of the Saluan tribal traditional marriage tradition. Then this research can also contribute to the preservation of the customs of the Saluan tribe regarding marriage.

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