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NALAR FIQH: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : -     EISSN : -     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "vol. 7 no. 2 (2016): december 2016" : 2 Documents clear
Meli Uhang Bupangkat: 'Urf, Maslahah, and the Economic Burden of Women in Kerinci Traditional Marriage lastari lastari
NALAR FIQH: Jurnal Hukum Islam Vol. 7 No. 2 (2016): December 2016
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v7i2.2782

Abstract

Most studies on marital property in the archipelago's customs, such as pick-up money in Pariaman or money in Bugis-Makassar, place the male as the giver of property to the woman. This article raises the opposite pattern, namely the tradition of meli uhang bupangkat in Siulak Deras Village, Gunung Kerinci District, Kerinci Regency, which requires the woman to prepare a certain amount of property for her future husband, with the amount determined by the social status or position of the man. The article is compiled from field research based on interviews, observations, and documentation of customary and religious elements in the village, with an empirical juridical approach and legal anthropology. Three main findings are obtained. First, this tradition takes place through five interlocking stages, from Batuwek to Baralek, so that the handover of property becomes a condition for the sustainability of the proposal, not just a complement to the reception. Second, the direction of the granting of property is different from the dominant pattern in similar traditions in Sumatra and Sulawesi, thus placing Kerinci as a variant that has not been widely discussed in the literature of marriage 'urf. Third, both the traditional elite and the religious elite affirm this tradition as a custom that does not contradict Islamic law because it does not touch the harmony and conditions of marriage, but the inauguration goes hand in hand with the recognition of the biased economic burden on women's families. This article concludes that the qualification of 'urf sahih for this tradition needs to be read side by side with the principle of maslahah, so that normative validity does not close the evaluation of its social impact on the party who bears the burden.
Sulh in Post-Divorce Hadanah Disputes: Mechanism for the Protection of the Best Interests of Children at the Syariah Court of the Federal Territory of Putrajaya Adib Zuhdi Bin Amir Shahippuddin zuhdi
NALAR FIQH: Jurnal Hukum Islam Vol. 7 No. 2 (2016): December 2016
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v7i2.2783

Abstract

Post-divorce hadanah disputes at the Syariah Court of the Federal Territory of Putrajaya are generally channelled first to the Sulh Council before the matter proceeds to the full conference. This institution reports a high level of settlement, but the report does not isolate hadanah matters from other types of family claims, so the success figures do not necessarily reflect the quality of protection for the child. This article analyzes how the sulh process really contributes to protecting the best interests of the child and what factors determine its success. The research uses a juridical-sociological qualitative approach with primary data from semi-structured interviews with a Sulh Officer and a Syariah High Court judge, as well as secondary data in the form of laws and regulations, work manuals, and statistical reports of the Sulh Section of the Federal Territory Syariah Court for the years 2022 to March 2026. The results show that the contribution of sulh does not lie in the high percentage of administrative settlements, but in four interrelated mechanisms: selective referral screening, facilitation of neutral communication, formulation of operational parenting terms, and judicial endorsement as a layer of judicial review. The success of sulh is supported by the presence and good faith of the parties, the competence of the Sulh Employee, and the clarity of terms, and is hampered by absences, post-divorce emotional conflicts, and imbalances between the parties. This study contributes by emphasizing that the assessment of the success of sulh in hadanah cases needs to distinguish administrative settlement from substantive consent that truly protects the child, as well as being the basis for improving the way institutions record and report their data

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