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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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Sociologies Perspectives on Unregistered Marriages in Muslim Socities Zed Bachmid; Malkan Malkan; Ali Imron
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

The study focuses on the practical concept of the unregistered marriage at the Marawola Sub-district. It seeks to understand factors that cause the practices and their sociological impacts. The study aims to recognize the practical concept of the unregistered marriage, factors affecting the practices, and their sociological impacts. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at the Marawola Sub-district. The findings of the study show that there were a lot of people in the community under the authority of the Marawola Sub-district practiced unregistered marriages. They made mention that the reasons for their practices which were derived from their interviews were legal because they believed that the unregistered marriages have fulfilled terms and conditions for lawful marriages. They argued that a marriage registration is only for the legalization of the marriage. The reasons for the unregistered marriage practices covered many factors. First, it is due to the ignorance of the community in regards to procedures for a marriage registration at the Marawola Sub-district. Other reasons are related to administrative requirements for a marriage registration and marriages by accident due to pregnancies. In addition, unlawful actions of irresponsible individuals in the community who helped perpetrators to find a shortcut for the Unregistered Marriages could also cause the insurgence of the practices. These all brought sociological impacts in their society especially for wives and children where there is no legal protection for them. Hence, there was no recognition from formal law which then resulted in long-term social impacts and negative turmoil in the community.

Islamic Law Perspective on the Use of Incense in Thanksgiving Events at the Balabe Customs in Kailinese Ethnic Hikwan Wahyudi; Ubay Harun; Muhammad Taufik
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

The traditional Balabe or Nolabe in the thanksgiving event is an asset of cultural wealth in Central Sulawesi, Indonesia. The Balebe or Molabe custom is carried out every time there are celebratory activities such as weddings, mourning, childbirth and others. This study aims to provide knowledge and understanding of the process of using incense in the implementation of the Balabe custom and how to review Islamic law on the tradition. This study uses a qualitative approach, namely research procedures that produce descriptive data in the form of written or spoken words from people related to the people in Palupi, especially the Kaili tribe. The data collection techniques used in this research are observation, interview, and documentation techniques. Furthermore, after the data is collected, the data obtained needs to be analyzed in three stages that run in cycles: data reduction, data presentation, and drawing conclusions or verification. The results of this study indicate that basically, the major schools of jurisprudence agree to accept customs as the basis for the formation of law. However, in terms of numbers and details, there are differences of opinion between these schools, so that 'urf is included in the group of disputed arguments among scholars. The research implies that it is hoped that all leaders, the community and local government officials will maintain and preserve the bolabe tradition in order to survive even in the face of today's times.

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

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

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

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

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

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.

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

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

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

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.

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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

Location
Kota palu,

Sulawesi tengah

INDONESIA

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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