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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 73 Documents
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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.
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.

Page 6 of 8 | Total Record : 73

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