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Aris Sunandar Suradilaga
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Mir'ah: Family Law and Legal Culture is published by Faculty of Sharia, State Islamic University (UIN) Palangka Raya Editor and Administration Address: Building A1, Faculty of Sharia, State Islamic University (UIN) Palangka Raya, G. Obos St., Islamic Centre, Palangka Raya, Kalimantan Tengah, Indonesia, Postal Code 73112 email: mir'ah@iain-palangkaraya.ac.id
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Kalimantan tengah
INDONESIA
Family Law and Legal Culture
Published by Universitas Islam Negeri Palangka Raya
ISSN : -     EISSN : 30634881     DOI : 10.23971
Core Subject :
Focus and Scope Mirah: Family Law and Legal Culture is a double-blind peer-reviewed journal published by Sharia Faculty of State Islamic University (UIN) Palangka Raya, Indonesia. Focus Mirah: Family Law and Legal Culture focuses on Family Law, Islamic Law, and Local Wisdom. Scope Mirah: Family Law and Legal Culture specializes in Family Law, Islamic Law, and Local Wisdom, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. Family Law Islamic Family Law Islamic Criminal Law Islamic Jurisprudence Islamic Law and Politics Islamic Law and Gender Islamic Law and Contemporary Issue Customary Law Local Wisdom Culture Islamic Law
Arjuna Subject : -
Articles 21 Documents
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Consolidation of The Issue of Maslahah Mursalah Regarding Peusijuek Towards Marriage Culture of Aceh Society Nauratul Islami; M. Khoirul Hadi al-Asy ari; Muhammad Asyraf
Mir'ah: Family Law and Legal Culture Vol. 2 No. 1 (2025): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v2i1.183

Abstract

Aceh is an area full of culture and local wisdom. One tradition that is still preserved and practiced is Peusijuek. The Peusijuek procession naturally becomes a culture that must be preserved because it contains very philosophical religious values. Peusijuek is a culture that has become part of Islam. This is seen from the three elements of Peusijuek, namely the perpetrator of Peusijuek, the moment, and the prayer that is read. One of Peusijuek's moments is at a wedding. The aim of this research is to critically examine Peusijuek using the mashlahah murlah method. Where mashlahah murlah is a method of establishing law that is very effective in providing solutions. This research is a literature review, where the data sources are obtained from various books, scientific articles, journals, and so on. The author uses a qualitative approach that is descriptive and leads to analysis. The results of this research show that the peusijuek procession in Acehnese society is not only considered a tradition, but is also considered part of religious rituals and a form of women's involvement in traditions in the realm of tradition. This is seen from the strong religious philosophical values ​​in the peusijuek procession. The concept of maslahah murrasa refers to the principle that Islam aims for the benefit of the people, and makes society's life better and more harmonious.
Involvement of Imam in The Legality of Unregistered Marriages in The Bajo Tribe Society Kepulauan Riau Nuraida; Aris Bintania; Arbisora Angkat; Asrizal Saiin
Mir'ah: Family Law and Legal Culture Vol. 1 No. 1 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

The practice of unregistered marriages is still common, one of which is performed by the Bajo tribe in Kepulauan Riau. However, there is something that attracts attention when the participation of an imam is used as a label to validate the marriage. This research uses qualitative descriptive research. The data obtained included primary and secondary data obtained by going directly to the field for interviews. The results of this research show that there is a unique way to perform the practice of unregistered marriage performed by the Bajo tribe in Kepulauan Riau so that it is considered legal, namely by visiting the house of one of the Imams who has been appointed outside the area as the person performing the marriage, although they do not know the name and its origin. For the Bajo society in Kepulauan Riau, a marriage cannot take place without an imam. Therefore, this marriage has no legal protection for children and wives. Although the traditions of a society must be maintained, in terms of the legality of marriage, it is non-negotiable, but every marriage must still be registered. In Islam, the concept of marriage registration is a form of renewal in the field of Islamic family law.
Mandailing Customary Dowry Determination Practices in Padang Lawas District in Perspective of 'Urf Theory M. Wildan Hamidi Pasaribu; Lempang Hasibuan; Abdulsalam Al Anesi
Mir'ah: Family Law and Legal Culture Vol. 1 No. 1 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

Dowry is a mandatory gift by a man to a woman who wants to get married. this study aims to determine the practice of determining dowries in traditional marriages in Padang Lawas Regency, north Sumatra, the impact of dowry practices on marriage, and how the views of scholars and community leaders related to the practice of determining dowries carried out by mandailing customs in Padang Lawas Regency, north Sumatra and if reviewed from the perspective of 'urf. the type of research used is qualitative research with an empirical approach using primary data and secondary data. The results of this study indicate that the tradition of the practice of determining dowry in Padang Lawas regency is still firmly held and inherited by the community as one of the marriage processions that must be obeyed. then the impact of the practice of determining the tuor if it does not get an agreement between the two sides of the family, the marriage is delayed, the marriage is canceled or can elope. furthermore, the practice of determining the dowry in mandailing traditional marriage in Padang Lawas from the perspective of 'urf, cannot be generalized into the category of 'urf shahih or 'urf fasid, but must be reviewed from each process. When viewed from the perspective of 'urf, the tradition of tuor (dowry) practice in padang lawas generally falls into the category of 'urf shahih, because there is no shara' argument that is violated. However, there are provisions of the tuor tradition that are different from the provisions of Islamic law, namely the delivery of the dowry, the dowry of the wife who was divorced before dukhul, and the fine of the dowry.
Effectiveness of Summons and Notifications Via Registered Letter in The Kuala Kapuas Religious Court Imelda Yuliandari; Abdul Khair; Kamal Hasuna
Mir'ah: Family Law and Legal Culture Vol. 1 No. 1 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

This Study motivated by existing calls and notifications the judge through letter recorded failure​ until to address party who has registered trial at the Religious Court via system e-court. Focus study How are this mechanism delivery calls and notifications through letters recorded at the Kuala Kapuas Religious Court and the obstacles faced Kuala Kapuas Religious Court in applying calls and notifications through letters recorded. The method used​ in the study This use type of study law empirical with an approach to social-legal research. Research data was collected with method observation, interviews, and documentation, and analyzed using Legal Certainty, Legal Change, and Legal Effectiveness theory. Research results show that: First, Mechanism delivery calls and notifications through letter registered at the Kuala Kapuas Religious Court is the bailiff calls the plaintiff through e-mail and the defendant through a letter recorded. Registered letter This be delivered through the post office. Obstacles encountered​ Kuala Kapuas Religious Court in applying calls and notifications through letters recorded in a way general is when the distance traveled is very long, and the costs To reach it No under cost incurred​ by party litigants, and letters recorded often slow until so that make delay quite a long trial.
Comparative Analysis of Determination Palangka Raya Religious Court and Kasongan Religious Court Regarding Polygamy Marriage Isbat Amanour Hakim; Sadiani
Mir'ah: Family Law and Legal Culture Vol. 1 No. 1 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

This research is motivated by the existence of different determinations in the case of Isbat Nikah Polygamy between the Palangka Raya Religious Court and the Kasongan Religious Court. The Palangka Raya Religious Court granted Isbat Nikah while the Kasongan Religious Court refused. The focus of this research is to find out the differences in legal considerations in the determination of the Palangka Raya Religious Court and the Kasongan Religious Court in the application for Isbat Nikah Polygamy and what is the correct determination between the two Religious Courts in allowing or prohibiting the occurrence of Isbat Nikah Polygamy. This research is a type of normative research that examines the legal considerations of the Palangka Raya Religious Court and the Kasongan Religious Court through a statutory approach. The results of this study indicate that there are differences in legal considerations. The Palangka Raya City Religious Court granted the reason that the Applicant was not in accordance with SEMA No. 3/2018 concerning the application for Isbat nikah Polygamy on the basis of nikah siri, which was deemed inappropriate on the grounds of overriding the principle of lex superior derogat legi inferior which prioritizes the Compilation of Islamic Law over the Marriage Law which has a higher position. As for the legal considerations of the Kasongan Religious Court which stated that it refused on the grounds that Applicant I was still bound by marriage, there was no divorce and did not obtain permission for polygamy from the court in accordance with the principle of lex superior derogat legi inferior.
Iddah Belief Demands that are not Under The Husband's Capability in Palangka Raya City Hidayati Taruna Huda; Abdul Helim; Muhammad Norhadi
Mir'ah: Family Law and Legal Culture Vol. 1 No. 1 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v1i1.249

Abstract

This research was motivated by a case that the researcher found in the wife’s application for idah maintenance, she did not ask for the amount of idah maintenance voluntarily but rather requested idah maintenance which burdened the husband. Therefore, this study focuses on why wives demand an income not by their husband’s abilities in Palangka Raya and how the husband’s attitude responds to the wife’s demands for an income that does not follow his abilities in Palangka Raya. The qualitative method used in this research uses empirical legal research with a sociological juridical type, with a socio- legal approach. The research results show: 1. The exwife demands a living that is not following the ex-husband’s capabilities in Palangka Raya,according to the theory of responsibility. The ex-husband has fulfilled his obligations. Benefits occur from providing idah maintenance according to the ex-husband’s capabilities as stipulated in the decision. 2. Ex-husbands in Palangka Raya respond to their wives’ demands regarding income with honesty and openness. The ex-husband showed a social attitude by promising to pay part of idah’s maintenance, although not in full. This attitude is important to maintain good relations and avoid bab prejudice in the future between husband and wife who have divorced.
Interreligious Inheritance: Exploring The Fatwa of The Indonesian Scholar Number 5/MUNAS VII/MUI/9/2005 on Interreligious Inheritence Indah Rahmahdaniyati; Lisnawati
Mir'ah: Family Law and Legal Culture Vol. 1 No. 2 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

Religious differences become a barrier to inheritance. Islam stipulates that Muslims only inherit from Muslims. The Indonesian Council of Ulama, which accommodates Islamic scholars, zu'ama, and intellectuals in Indonesia to guide, foster, and protect Muslims throughout Indonesia, on 21 Jumadil Akhir 1426 H/ 28 July 2005 M issued a fatwa regarding interfaith inheritance. The research method uses a normative method and a critical discourse analysis approach proposed by Norman Fairclough regarding the Dialectical Relational Approach (DRA). The results of the study stated that the MUI fatwa is in line with the opinions that explain that Muslims do not inherit non-muslims. However, the fatwa still allows non-muslims to get a share of the inheritance, namely through grants, wills or gifts. The Indonesian Council of Ulama Fatwa Number: 5/MUNASVII/MUI/9/2005 concerning Interfaith Inheritance is one of the progressive products of Islamic law. The Indonesian Council of Ulama always responds quickly to all legal problems in society, including interfaith inheritance.
Khulu' Divorce Between Maslahat and Mudharat: A Study on the Sambas Community of the Indonesia-Malaysia Border of West Kalimantan Asman; Mohammad Aamer
Mir'ah: Family Law and Legal Culture Vol. 1 No. 2 (2024): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

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Abstract

This study discusses the khulu' divorce in sambas between maslahat and mudharat: a study on the Indonesia-Malaysia border community of West Kalimantan. This research was studied based on maslahat and mudaharat. According to qaul jadid, the school of Imam Shafi'i Khulu is also called talaq ba'in shughra where the husband is not allowed to reconcile with his wife during the period of iddah and the husband needs a new marriage contract to return to the wife who has mentalized with khulu'. In order for this research to be directed and systematic, the subject matter is developed in the research question, namely: What are the aspects of benefit and musty mudharat khulu' wives to husbands perspective in Sambas? This type of qualitative research is field research with an Islamic legal approach. The informant in this study is the Malay Sambas community who are divorce perpetrators. Based on the results of the research obtained, the cause of khulu' between maslahat and mudhrat in Sambas based on data obtained from the Sambas Malay community is known that the average age of divorce plaintiffs is more dominant at the age of 26 to age 35 and age 25 and below which is a percentage of 50% and 30%. Based on these data, the divorce rate that occurred in the Class 1B Religious Court of Sambas Regency was dominated by cases of wives filing lawsuits against their mothers. 60-80% of divorce cases that occur from khulu', the wife bandaging files a lawsuit among others (1) economic problems of the household so that the wife is not fulfilled her rights, continuous alterations and quarrels so that the wife cannot stand the situation and the husband leaves his wife and children for no reason so that there is no news so that the wife feels unnoticed. (2) There is a shift in times or lifestyles where the values of marital justice are no longer applied in marriage such as ignoring religious rules, knowing the law but not obeying the law only as a formality so that it is easy to divorce, (3) involvement of the Legal Aid Institute (LBH) and the Legal Aid Post (POSBAKUM) in the divorce process of married couples for divorce.
Muqaran Method: The Concept of Quranic Interpretation in Islamic Legal Discourse Muhammad Fardhannajmi Aji; Dea Putri Ananda; Eliyani; Lutfia Eka Ramadhani
Mir'ah: Family Law and Legal Culture Vol. 2 No. 1 (2025): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v2i1.266

Abstract

This research focuses on the source of Islamic teachings, which is based on the Qur'an and sunah (hadith) as the foundation pillar where the Qur'an is the holy book of Muslims and the sunah is all the actions of the prophet and the hadith are all the words of the prophet that are narrated. Interpretation techniques on the Qur'an must be seen in terms of the muqaran method in the study of the history of Islamic law. The research method used is normative method with descriptive analysis approach. The results of research on historical studies of the muqaran method in the interpretation of the Qur'an include the 16th, 17th centuries to the current civilization. With different periods and scholars who interpret from century to century with various models of interpretation carried out by scholars such as character research models, thematic research models, ancient manuscript research models (philology), living Qur'an research models and comparative research models and criticism given to literalistic interpretations in order to know the direct meaning of the verses of the Qur'an.
The Development of Islamic Legal Studies in the Islamic World in the Modern Period Mastawiyah; Mila Erliana; Meilinda Salsabila
Mir'ah: Family Law and Legal Culture Vol. 2 No. 1 (2025): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v2i1.269

Abstract

This research examines the development of Islamic legal studies in modern times, where Islamic studies have deep roots, with a history and development that reflects social, political, and intellectual dynamics in both the Islamic world and the West. Seeing from these problems, the development of Islamic legal studies is not only seen from the modern period, but also must be seen from the past. The research method is a normative method with a critical discourse analysis approach. The results of research on Islamic studies have developed significantly since the seventh century, reflecting the interaction between the Islamic world and Western intellectual traditions. In the Islamic world, science began with the writing of the Qur'an and hadith, developed through Islamic boarding schools and madrasas, and produced important works in the fields of theology, law, and philosophy. Western interest in Islam grew in the Middle Ages, especially through the translation of works by Islamic scholars that enriched European thought. In the 19th and 20th centuries, Islamic studies became a formal academic discipline, often influenced by critical Orientalist perspectives. Today, Islamic studies is interdisciplinary and focuses on contemporary issues such as human rights, gender, and modern relations with Islam. The interaction between the Islamic world and the West continues to deepen our understanding of Islam, making it a dynamic and relevant field in a global context.

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