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Nurdin Nurdin
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nurdin@uindatokarama.ac.id
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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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Kota palu,
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INDONESIA
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 5 No 2 (2023)" : 6 Documents clear
Compilation of Islamic Laws Regarding Marrying Pregnant Women: The Case of Biau Regency, Central Sulawesi Isman, Isman; Thahir, Lukman S.; Adam, Adam
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.69

Abstract

Previously, in Indonesia, there was no written law regarding the settlement of premarital pregnancy married. Society usually uses a solution by carrying out a marriage between the pregnant woman and the man who impregnated her without waiting for the birth of the child she is carrying. This method aims to cover up the disgrace so that it is not known to the wider public. As long as the perpetrators of adultery and their families are able to keep this secret, then the adulterers and their children will be safe from society's response. This used qualitative method to study compilation of Islamic laws regarding marrying pregnant women in Biau district, Buol regency. The results of this study show that premarital pregnancy married can be recorded and made a marriage certificate during the marriage procession at the religious courts, even though the marriage ceremony was not carried out at that time or was carried out at that time. When a prospective bride is pregnant and then immediately married, the shame of both the prospective bride and her family should be covered. This is also based on the hadith narrated by Muslims, which reads: "Whoever covers the disgrace of another Muslim, then Allah will cover his disgrace in this world and in the afterlife."
The Role of the Office of Religious Affairs in the Prevention of Underage Marriage in the perspective of Maqashid Syariah Rahmadhani, Layla Rizki; Attamimi, Faisal; Hanafi, Suhri
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.70

Abstract

This study discuss role of the Office of Religious Affairs in preventing underage marriages from the perspective of maqashid syari’ah. This study used qualitative approach with a case study methodology. Both primary and secondary data were utilized in this study, employing data collection techniques such as observation, in-depth interviews, and written document analysis. The findings of this study show that the role of the religious office in preventing underage marriages involves the implementation of two preventive activities, namely, religious study sessions (majelis ta’lim) and the formation of mosque youth groups. The role of the office in preventing underage marriages should be further enhanced, advocating for the optimal implementation of religious study programs and the formation of mosque youth groups in prevention efforts. The challenge factors include insufficient funding and a lack of community attention. From the maqashid syari’ah perspective, the role of the office in preventing underage marriages does not align with the Sharia objectives in preserving lineage (hifz nazhl). This misalignment arises because the office role falls short of regulating marriages in accordance with the dictates of Sharia and the Marriage Law regarding age regulations. Implications of this study call for the necessity of enhancing the office role in preventing underage marriages to align with maqashid syari’ah universally.
Polalanta Divorce Practices of the Banggai Tribe Community in Banggai Islands District in the Perspective of Islamic Law and Positive Law Mutalib, Adiyanto; B, M Taufan; Malarangan, Hilal
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.71

Abstract

This study discuss the practice of Polalantadivorce practice among the Banggai ethnic community from the perspectives of Islamic law and positive law in the Mansamat B Village, South Tinangkung District, Banggai Islands Regency.The aims of this study are examine factors drive the residents of Mansamat B Village, South Tinangkung District, Banggai Islands Regency to engage in Polalanta divorce practice, and to find out the perspective of Islamic and positive law in Polalanta divorce practice among the residents of the village. This study used a qualitative method with data collection techniques involving observation, in-depth interviews, and written document analysis. The data analysis techniques employed include data reduction, data presentation, data verification, and drawing conclusions. This study found that time efficiency and simplicity are significant factors motivating the Banggai ethnic community in Mansamat B Village to opt for divorce outside the Religious Court or Polalanta practice. Additionally, economic considerations also play a role, requires administrative expenses, which, despite subsidies for those less fortunate, are still perceived as significant by some. Hence, the choice to divorce outside the Religious Court is more appealing. Furthermore, a lack of legal awareness and personal issues contribute to this practice. We aso found that there are distinctions between positive law and Islamic law concerning divorce. Islamic law requires only formal witnessing, whereas positive law mandates court proceedings in the Religious Court. This provision is outlined in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, stipulating that divorce can only take place before a court session after the court has attempted and failed to reconcile both parties.
Implementation of Bride and Groom Courses In North Balantak District, Banggai Regency In The Perspective Decision of The Director General of Islamic Community Guidance Number 379 of 2018 Jarudin, Jarudin; Yamani, Gasim; Jumat, Gani; Raden, Sahran
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.72

Abstract

Implementing the Sakinah family movement program has improved and strengthened people's lives. This program then became a national movement that has grown and developed strong roots in friendly, polite, and peaceful Indonesian society. Despite its success, it turns out there are still severe problems, such as the high divorce rate, the large number of applications for marriage registration, the increase in domestic violence, and unregistered marriages. In the bride and groom course, pre-marital guidance participants gain knowledge and skills as preparations for entering a new household. The main problem of the research is what the process of implementing the bride and groom course looks like in the North Balantak sub-district, Banggai Regency. This research aims to determine the process of implementing the bride and groom course to find out how the review of the Director General of Islamic Community Guidance Number 379 of 2018 regarding the process of implementing the bride and groom course in North Balantak sub-district, Banggai district. The method used is qualitative research with data collection techniques through observation, interviews, and documentation. Using the theoretical basis of John McLeod's counseling and the Social Welfare of Harold L. Wilensky and Charles N. Lebeaux. Research results (1). Coaching consists of three stages: the first is coaching at the Religious Affairs office, the second is coaching at the Community Health Center, and the third is further coaching. (2) the review of the first Director General's Decree 379/2018 has not been maximal, and the second, according to the third regulation, still needs to be implemented—conclusion (1). Coaching is divided into three stages. (2) Review of Director General's Decree 379/2018. 1. Still needs to be optimal; 2. Compliant with regulations; 3. has not run.
The Ruqyah Syar'iyah Method as an Alternative to Maintaining Family Harmony Zakman, Arief; Kamaruddin, Kamaruddin; Usman, Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.73

Abstract

Ruqyah therapy is a sunnah recommended by the Prophet Muhammad. Likewise, in the life of the Prophet Muhammad, doing ruqyah (prayer) for his grandchildren Hasan and Husain was commonplace. The objective of this study is to discuss the Ruqyah method as alternative to mantain families harmony. This study was conducted using qualitative method and the data was gathered through observation, in-depth interview, and written document analysis. The findings of this study show that the Ruqyah Syar'iyyah method applied by the Indonesian Ruqyah Syar'iyyah Association in Palu has met standard operational procedures. The method has three stages: pre-ruqyah, during the ruqyah action, and post-ruqyah. The technique applied by the Ruqyah Syar'iyyah Association in Palu City is following Islamic law or guidance in the Islamic religion. This is seen based on the absence of elements of shirk and haraam in the stages of the process carried out and is seen as very helpful to the community in resolving health problems and household disputes that create disharmony in the family.
Legal Analysis of the Impact of Unregistered Marriage on Voter Data in Palu City Megawati, Megawati; Nurkhaerah, Sitti; Markarma, Andi
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.74

Abstract

The aim of the study is to describe sirri marriage as one of the factors in the problems that occur in voter data and the implications of the impact of sirri marriage on voter data in Palu City. The issues raised are how the implications of the impact of sirri marriages on voter data in Palu City and how the legal analysis of the results of sirri marriages on voter data in Palu City. The research method used is qualitative method and the data was gathered through field observation, in-depth interview, and documentation. The methodologyy was reinforced by the Maqashid Asy-Syariah approach. The results of the study indicate that sirri marriage is one of the problems with voter data, namely in the process of updating voter data. The impact is that it has a negative impact on the election process, namely the loss of voting rights, the occurrence of multiple voter list problems, and for children if there is no data recording, they also cannot be registered on the voter list. With the Minister of Home Affairs No. 8 of 2019, children from sirri marriages can record their identities, it's just that many other children's rights will be lost, it is better for the perpetrators of this sirri marriage and their children to be advised to do isbat marriage so that their marriage is recorded.

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