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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 6 No 1 (2024)" : 6 Documents clear
Dispensation of Pre-Marital Pregnancy Marriage in Parigi Religious Court Hamiyuddin, Hamiyuddin; Madsaid; Lukman S. Thahir; Nasaruddin, Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.85

Abstract

This study discusses the form and factors of implementing the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 2019 and a review of the maqashid shari'ah. The type of research used in this study is qualitative research (field) with a case study approach. The data used in the study are primary and secondary data. Data collection techniques are observation, interviews, and documentation. The results of this study indicate that the form and factors of the implementation of the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 201219 are that every year, the Parigi Religious Court decides and resolves cases of marriage dispensation applications with an average percentage of 93% of prospective brides who are already pregnant outside of marriage have been granted by the judge. The factors for the judge to grant the dispensation of premarital pregnancy at the Parigi Religious Court are formal legal considerations, Supreme Court Regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, as well as material legal considerations, marriage law, ushul fiqh principles, maslahah mursalah, and social justice. The review of maqasid sharia on the form and factors of implementing the dispensation of premarital pregnancy according to Law Number 16 of 2019 is that it does not conflict with Islamic law; in fact, the policy is in line with the objectives of Islamic law (maqasid shari'ah). For now, the author agrees with the consideration of granting the dispensation of premarital pregnancy. Still, the role of maqasid shari'ah only contributes a little, namely considerations related to protecting offspring (hifz al nasal).
Fulfilling the Subsistence of a Convict Husband from the Perspective of Islamic Law and Positive Law in the Palu City Religious Court Suhri Hanafi; muhaimin, alif; Marzuki, Marzuki; M.Taufan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.86

Abstract

This article is related to fulfilling the livelihood of a convict husband from the perspective of Islamic law and positive law in the Class II A correctional institution Palu. So the research aims are (1) To find out the efforts to fulfill the livelihood of husbands with convict status while in the Class II A correctional institution Palu. (2) To find out the fulfillment of convicts' husbands from the Islamic Law and Positive Law perspective in the Class II A correctional institution Palu. This research uses qualitative methods with data collection techniques: observation, interviews, and documentation. Researchers use data analysis techniques, such as data reduction, presentation, verification, and conclusion. Research results: (1) The maintenance obligations of husbands with convict status were implemented, less implemented, and not implemented.
Analysis of the Implementation of Article 22 of Law Number 23 of 2011 Concerning Management of Zakat as a Reduction of Taxable Income in the City of Palu From Maqāṣhid Al-Syarīʿah Perspective Fatimawali, Fatimawali; Sari Sakinah; Zainal Abidin; Gani Jumaat; Ermawati, Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.87

Abstract

Zakat is the third pillar of Islam, so most Muslims know the importance of paying Zakat. Indonesia has related regulations, namely Law of the Republic of Indonesia No. 23 of 2011 concerning the management of Zakat; Article 22 states, "Zakat paid by muzak to the National Amil Zakat Agency or Amil Zakat Institution is deducted from taxable income. The type of research in this research is field research. The primary and secondary data are used. Data collection techniques are observation, interviews, and documentation. The results of this research show that the mechanism for implementing this law is contained in Minister of Finance Regulation Number 254/PMK.03/2010 concerning Procedures for Charging Zakat or Mandatory Religious Contributions That Can Be Deducted from Gross Income, namely Zakat on income paid by the Compulsory Taxation of individuals who adhere to the Islamic religion or by taxpayers of domestic corporate bodies owned by followers of the Islamic religion to National Zakat Amil Agency or zakat amil institutions established or authorized by the Government, by attaching Proof of Zakat Deposit at the time of reporting the annual Tax Return no later than March 31 of the current year, representing the intention of Maqāṣhid Al-Syarīʿah itself in achieving the goal of benefit both in the world and the benefit in the afterlife, Law Number 23 of 2011 concerning zakat management regulates Zakat as a deduction from taxable income, with the aim of exempting taxpayers Muslims have two responsibilities, namely paying taxes and Zakat. Research implications: It is necessary to carry out outreach efforts regarding Zakat as a deduction from taxable income. Taxpayers and entrepreneurs who are subject to tax are expected to pay Zakat through official government institutions that handle Zakat, such as the National Zakat Amil Agency and the Zakat Amil Institute.
Maqasid Syariah's Persp ective on Premarital Health Guidance in Pasangkayu District Basrin Ombo; laodemuhamadsaefudin; Abidin, Abidin; Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.88

Abstract

The requirement to carry out premarital health tests has been regulated in the Joint Instruction of the Director General of Islamic Community Guidance and Hajj Affairs, Department of Religion and the Director General of Eradication of Infectious Diseases and Environmental Health for Settlements, Department of Health No. 02 of 1989 concerning Tetanus Toxoid (TT) Immunization for Bride and Groom Candidates. Health tests are defined as tests carried out before carrying out the wedding. The research aims are: (1) to analyze the implementation of premarital health guidance in Pasangkayu District; (2) To analyze premarital health guidance from a maqasid sharia perspective in Pasangkayu District. This research uses qualitative methods with data collection techniques: observation, interviews, and documentation. Researchers use data analysis techniques, such as data reduction, presentation, verification, and conclusion. Research Results: (1) The essence of premarital health guidance is preventive measures to avoid health problems that will occur to oneself, one's partner, and offspring. (2) If viewed from the maqasid sharia perspective of Imam Syatibi, it is at the level of maqasid hajiyati or secondary needs, namely, if you do not carry out a health check, it will not cause damage. Still, it could be a dharuriyat if your partner's health check occurs.
Analysis of the Judge's Decision Regarding Polygamy Permits from the Perspective of Maqāṣhid Al-Syarī'ah in the Toli-Toli Religious Court Muh. Amin P; mohfalatehan; Muh. Akbar; Hilal Malarangan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.89

Abstract

This article discusses the statutory provisions that regulate the requirements for polygamy permits intended to create public order, provide legal protection and guarantees for rights and obligations arising from legal relationships in terms of how important it is to obtain court permission for polygamy, formally the urgency of granting polygamy permits must be realized. Legal certainty, order, protection, and legal guarantees for marriage itself. Polygamy permit provisions are implemented to protect the interests, rights, and obligations arising from a marriage. The method used in this research is qualitative, with data collection techniques carried out through direct observation, in-depth interviews, and analysis of written documents. The results of this research show that the granting of the request for a polygamy permit was also due to the applicant's economic capabilities and the willingness and encouragement of the first wife for her husband to carry out polygamy. Thus, there would be no dharar that would be affected by the first wife, so granting the request for a polygamy permit is believed to be able to achieve benefits for all parties involved in the marriage so that the purpose of marriage, as in the provisions of Article 3 of the Compilation of Islamic Law is to create a household life in which Sakinah, mawaddah, and warahmah can be realized. So, it can be concluded that the decision of the Tolitoli Religious Court case number 318/Pdt.G/2022/PA.Tli is still in line with the maqashid as-shari'ah according to as-syatibi, namely protecting religion, soul, mind, property, and lineage.
Optimizing the Role of Productive Waqf in Realizing the Welfare of the People of Palu City khairunnisa; Nurdin, Nurdin; Malkan, Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.90

Abstract

This article discusses optimizing the role of productive waqf in Palu City and the factors inhibiting maximizing the role of productive waqf in the welfare of the people of Palu City. This research uses empirical legal research with a qualitative approach. The data collection technique is by direct observation at the Indonesian Waqf Board in Palu City, then by conducting interviews and documentation to complete the research information. The data analysis techniques used are data reduction, data presentation, and conclusion from general to specific. The results of this research explain that the optimization of productive waqf operations in Kolta Palu is carried out in various ways to promote community welfare, namely continuous socialization. Activities are also deliberately carried out to ensure the existence of new wakifs (waqf). Asset mobilization means looking for ways to consolidate public assets into waqf assets. The Indonesian Waqf Board has increased the capacity of recipients of waqf assets (Nazir). They will be trained and developed by the Indonesian Waqf Board to manage the waqf assets that have been allocated. Second, productive waqf in Palu has so far not been running optimally, and this collaboration is due to several contributing factors, namely the problem of the community's understanding of waqf procedures, waqf administration and management, waqf property, waqf nazir and budget funds for registration of land certificates.

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