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International Journal of Contemporary Islamic Law and Society

ijcils
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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 73 Documents

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Analysis the Fulfilment of Physical and Psychological Needs of Convicted Criminal From An Islamic Law Perspective Safiuddin Safiuddin; Muhammad Akbar; Muhammad Syarif Hasyim
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 1 (2020)
Publisher : State Institute for Islamic Studies Palu

This study discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and phsychological need of prisoners from Islamic law perspectives. This study used qualitative method with data collection techniques through observation, indepth-interviews and written material analysis. Data was analysed through data reduction, presentation, verification, and drawing conclusions. The results of the study show that obligatory livelihoods for husbands with prisoner status was fulfilled through the efforts made by inmates such as a business that is still moving and producing that can be used by the wife to meet needs. Less implemented, this is based on the still potential of prisoners to provide for their wives needs through the provision of relatives even though the fulfillment of the quality of living needs is not optimal. While the fulfillment of the psychological needs supported by inmates, namely giving love, education, and distribution of sexual desires, in the form of face-to-face and joking with his wife, while channeling sexual desires in the effort to fulfill the inner living is rarely done except for prisoners getting conditional leave (CL) ). The livelihood of the husband who is undergoing a period of punishment is not contrary to Islamic law, although on one hand the status remains as a family head who has obligations that must be fulfilled. Islam views this with three legal stipulations, the first is the obligation to make a living, the second is the obligation to earn a living and the third is the obligation to make a living fall.

The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes Sukaenah Sukaenah; Rusli Rusli; M. Taufan B
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 1 (2020)
Publisher : State Institute for Islamic Studies Palu

This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. This study used qualitative research method. Data was gathered through observation, in-depth interviews, and documenta studies. Data were analyzed through data reduction, presentation, verification, and conclusion drawing. The results of the study shows that effectiveness of PERMA No. 1 of 2016 has been successfully implemented, but the regulation is not effective to reduce divorce rates. This is because the cases that have been reconciled are still few compared to failed mediation. The efforts carried out by the mediator to make mediation effective are merely to act as facilitators by explaining the purpose of mediation to litigants, providing facilities to carry out mediation and increasing the ability of mediators. Supporting factors: Implementation of Mediation based on PERMA Number 1 Year 2016 which is effective, Qualification of Mediators, Facilities, Community Compliance and cultural factors. Inhibiting factors includes technical factors such as mediator limitations, longer mediation time, non-technical factors includes lack of understanding for the parties about the importance of mediation.

The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 1 (2020)
Publisher : State Institute for Islamic Studies Palu

The purpose of this study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu. This study used qualitative research, while the data were collected through observation, interviews and document reviews. The effectiveness of the religious court procedures in regards to topic being investigated was measured through the theory of legal effectiveness. The results of the study showed that the effectiveness of simple, fast and low-cost judicial principles could be effectively achieved due to a simple trial process, continuous revision throughout the process (from registration to decision) and affordable case costs. 2) The factors that support the accountability of the Religious Court when implementing the principles are the existence of a one-stop integrated service system, Electronic Court (E-Court), free litigation, Legal Aid Post and observable court. 3) A simple, fast and low-cost judicial principles have been effective because they have fulfilled the five aspects as stated by Soerjono Soekanto.

Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court Alhamid Baharuddin; M. Taufan B.; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discuss Judges’ consideration in making decision in the case of judicial divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that there were two basic considerations for judges in deciding a lawsuit for divorce at the Palu Religious Court Class 1A, namely written law and unwritten law. Written laws include Al-Qur'an, Hadith, Laws, and Compilation of Islamic Laws, while the unwritten law is the customs and values that live in society. Based on the decision Number 452/Pdt.G/2019/PA.Pal, these laws were used as the basis for the judge's consideration in deciding this case, because continual disputes and quarrels occurred between husband and wife, that resulted to the separation of residence which has lasted for about 11 months, and it is no longer possible to live in harmony in the household.

Pre-Marriage Pregnancy in Islamic Law Compilation
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discuss pre-marriage pregnancy in Islamic Law Compilation. This study is literature review research with qualitative method. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The results showed that the formulation of article 53 paragraph (1), of the Islamic Law Compilation, a pregnant woman can be married with the man who impregnated her. And article 53 provides a solution for pregnant women who are married to men who impregnate them. While in relation to the status of child, it is considered legal because there has been a legal marriage; however, in the sharia, the status of child is still debated. Regarding the issue of which opinion is used, it can be seen from which opinion is greater for the benefit of society.

The Concept of A Marriage Agreement in the Compilation of Islamic Law Haerunnisa Yunus; Rusli Rusli; Abidin Abidin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.

Muslim Society Perception of The Unregistered Divorce Lutfi Lutfi; Muhammad Akbar; Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discuss the view of Muslim people in Marawola, district of Sigi, towards unregistered divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that the understanding and view of the Marawola community towards unregistered divorce was that of divorce carried out outside a religious court involving only husband and wife and religious leaders. On other occasions, it also involved village officials, where the divorce was only confirmed by a letter of freedom signed by the husband and wife, two witnesses and sometimes also signed by the village head as the one who knew.

Method of Sharing Marriage Properties in the Religious Court, Palu Moh. Thariq Godal; Syarif Hasyim; Musyahidah Musyahidah
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discusses Marriage properties method sharing in the Religious Court of Palu City. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results of this study indicate that terminating the distribution of marital assets is sufficient to provide justice for the plaintiffs and defendants. Joint assets are divided in half for each party if under normal conditions, namely the husband provides support for the family and the wife takes care of the household. The division of joint assets based on contributions in marriage is one of the considerations by the judge in deciding joint property cases. This means that the sharing of joint assets does not refer to Article 97 of the Compilation of Islamic Law, namely that joint assets are divided in two for each party, but divided by 2/3 for the wife and 1/3 for the husband in certain cases (casuistik). Judges in the decision on the distribution of joint assets are still based on legal principles and norms.

The practice of Cousin Marriage in the Community of Kalola Village, Pasangkayu Regency, West Sulawesi Muhammd Rizal Soulisa; Lukman S. Thahir; Malkan Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

The aim of this paper is to discuss the practice of cousin marriage in the community of Kalola Village, Pasangkayu Regency, West Sulawesi. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. the background of a cousin marriage in the Mandar tribe community in Kalola Village is a tradition that has been strong for a long time in the community, in addition to the factor of maintaining a large family and protecting property. Meanwhile, the impact of cousin marriage includes both positive and negative impacts. The positive impact is to reduce the number of conflicts in the community and strengthen local political systems, while the negative impact is the breakdown of kinship in the event of conflict and divorce and health risks.

Gender Analysis of Marriage Guardians in the Compilation of Islamic Law Abd. Rasyid Sidiq; Rusli Rusli; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.

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Nurdin Nurdin

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+6281343741632

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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

Location
Kota palu,

Sulawesi tengah

INDONESIA

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nurdin Nurdin

Contact Email nurdin@uindatokarama.ac.id

Phone +6281343741632

Journal Mail Official ijcils@iainpalu.ac.id

Editorial Address Program Pascasarjana Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221

Location Kota palu, Sulawesi tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nurdin Nurdin

Contact Email
nurdin@uindatokarama.ac.id

Phone
+6281343741632

Journal Mail Official
ijcils@iainpalu.ac.id

Editorial Address
Program Pascasarjana Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221

Location
Kota palu,

Sulawesi tengah

INDONESIA