Pub Date : 2021-06-20DOI: 10.15642/alhukama.2021.11.1.1-25
Husnun Nahdhiyyah
Legal marriages according to Islamic law are not necessarily legal according to Dayak customary law. The bride and groom must hold a traditional Dayak wedding ceremony in which there are things that are contrary to Islamic law, such as cutting pigs, wine and begendang party. This study is a qualitative research with symbolic interpretative approach using observation, interviews and documentation in the data collection. Primary data were directly obtained from interviews with religious leaders, Dayak traditional demons and Dayak indigenous people. There are three variants of the views of the Muslim Dayak community on the traditional Dayak Sungai Melayu Rayak wedding ceremony procession, namely: theological normative, sociological normative and sociological empirical. There are two categories and philosophical reasons for the preservation of the traditional wedding ceremony procession by the Dayak religious Leaders and Demong Dayak Adat Melayu Sungai Rayak, namely internal and external. Internal reasons include: the sacredness of marriage, the commitment of marriage, the practice of plurality in the family and the procession of the traditional wedding ceremony that is a culture that needs to be preserved and maintained because it can create inter-religious harmony. While external reasons include: avoiding the moral sanction that is not recognized, social sanctions are excluded, namely economic sanctions imposed fines and the last is controlling.
伊斯兰法律规定的合法婚姻不一定符合达雅族习惯法。新娘和新郎必须举行传统的达雅婚礼仪式，其中有违反伊斯兰法律的事情，如切猪，酒和开始派对。本研究是一项定性研究，采用符号解释的方法，在数据收集中采用观察法、访谈法和文献法。主要数据直接来自对宗教领袖、达亚克传统恶魔和达亚克土著人民的访谈。穆斯林达雅族对传统达雅族圣盖美拉玉婚礼游行的看法有三种变体，即神学规范、社会学规范和社会学经验。大雅克宗教领袖和德蒙大雅克Adat Melayu Sungai Rayak保留传统婚礼游行有两种类型和哲学原因，即内部和外部。内部原因包括:婚姻的神圣性，婚姻的承诺，家庭中多元的实践以及传统婚礼仪式的游行，这是一种需要保存和维护的文化，因为它可以创造宗教间的和谐。外部原因包括:避免不被认可的道德制裁，排除社会制裁，即经济制裁，罚款，最后是控制。
{"title":"Fenomena Pesta Pernikahan Adat Dayak di Tengah Keragaman Beragama","authors":"Husnun Nahdhiyyah","doi":"10.15642/alhukama.2021.11.1.1-25","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.1-25","url":null,"abstract":"Legal marriages according to Islamic law are not necessarily legal according to Dayak customary law. The bride and groom must hold a traditional Dayak wedding ceremony in which there are things that are contrary to Islamic law, such as cutting pigs, wine and begendang party. This study is a qualitative research with symbolic interpretative approach using observation, interviews and documentation in the data collection. Primary data were directly obtained from interviews with religious leaders, Dayak traditional demons and Dayak indigenous people. There are three variants of the views of the Muslim Dayak community on the traditional Dayak Sungai Melayu Rayak wedding ceremony procession, namely: theological normative, sociological normative and sociological empirical. There are two categories and philosophical reasons for the preservation of the traditional wedding ceremony procession by the Dayak religious Leaders and Demong Dayak Adat Melayu Sungai Rayak, namely internal and external. Internal reasons include: the sacredness of marriage, the commitment of marriage, the practice of plurality in the family and the procession of the traditional wedding ceremony that is a culture that needs to be preserved and maintained because it can create inter-religious harmony. While external reasons include: avoiding the moral sanction that is not recognized, social sanctions are excluded, namely economic sanctions imposed fines and the last is controlling.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125050926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-20DOI: 10.15642/alhukama.2021.11.1.26-56
Sanuri Sanuri
Currently, the number of early marriage or underage marriage in Indonesia has increased sharply. In 2020, there are approximately 34,000 applications for marriage dispensation to the courts.. Of that number, 97% of the requests were granted. This means that almost all applicants for marriage dispensation are granted by the courts. Therefore, to measure whether the dispensation of the underage marriage has met the standart of mas}lah}ah for the perpetrator or not, it will be analyzed using the theory of maqāṣid al-usrah. The results of the research state that: (1) the motives for conducting underage marriage are due to economic factor, government policy to close schools during the Covid-19 pandemic, the rise of glorification of marriage on social media, and incidents of pregnancy out of wedlock; (2) giving dispensation by the courts to the applicants to continue conducting underage marriage is legally valid as fiqh al-munākaḥāt fiqh (Isalmic jurisprudence on marriage), but it can turn into ḥarām if the potential of harm is greater than the benefit for the bride and groom.
{"title":"Marriage Dispensation in Indonesia on The Perspective of Maqāṣid Al-Usrah","authors":"Sanuri Sanuri","doi":"10.15642/alhukama.2021.11.1.26-56","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.26-56","url":null,"abstract":"Currently, the number of early marriage or underage marriage in Indonesia has increased sharply. In 2020, there are approximately 34,000 applications for marriage dispensation to the courts.. Of that number, 97% of the requests were granted. This means that almost all applicants for marriage dispensation are granted by the courts. Therefore, to measure whether the dispensation of the underage marriage has met the standart of mas}lah}ah for the perpetrator or not, it will be analyzed using the theory of maqāṣid al-usrah. The results of the research state that: (1) the motives for conducting underage marriage are due to economic factor, government policy to close schools during the Covid-19 pandemic, the rise of glorification of marriage on social media, and incidents of pregnancy out of wedlock; (2) giving dispensation by the courts to the applicants to continue conducting underage marriage is legally valid as fiqh al-munākaḥāt fiqh (Isalmic jurisprudence on marriage), but it can turn into ḥarām if the potential of harm is greater than the benefit for the bride and groom.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"303 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123620386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-20DOI: 10.15642/alhukama.2021.11.1.160-184
Ahmad Ropei, Ramdani Wahyu Sururie
This article aims to describe the paradigm of Islamic family law reform against the dynamics of the imposition of divorce through WhatsApp media, one of the problems often faced in various divorce cases. This paper is classified as a qualitative type, with the approach used being library research. Data analysis was carried out using descriptive-analytical techniques. The results of this article indicate that the adoption of divorce via WhatsApp according to most legal scholars is valid with the qiyas approach as the delivery of divorce through writing in the form of a letter. Meanwhile, in the paradigm of reforming Islamic family law in Indonesia, the imposition of divorce via WhatsApp is considered invalid, considering that the validity of the divorce is only recognized when it is sworn in before the court. This paradigm is based on various efforts to achieve the benefit, especially to avoid arbitrary actions by the husband against his wife unilaterally in terms of imposing divorce and obtaining legal legality.
{"title":"Dinamika Penjatuhan Talak Melalui Whatsapp dalam Paradigma Pembaharuan Hukum Keluarga Islam","authors":"Ahmad Ropei, Ramdani Wahyu Sururie","doi":"10.15642/alhukama.2021.11.1.160-184","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.160-184","url":null,"abstract":"This article aims to describe the paradigm of Islamic family law reform against the dynamics of the imposition of divorce through WhatsApp media, one of the problems often faced in various divorce cases. This paper is classified as a qualitative type, with the approach used being library research. Data analysis was carried out using descriptive-analytical techniques. The results of this article indicate that the adoption of divorce via WhatsApp according to most legal scholars is valid with the qiyas approach as the delivery of divorce through writing in the form of a letter. Meanwhile, in the paradigm of reforming Islamic family law in Indonesia, the imposition of divorce via WhatsApp is considered invalid, considering that the validity of the divorce is only recognized when it is sworn in before the court. This paradigm is based on various efforts to achieve the benefit, especially to avoid arbitrary actions by the husband against his wife unilaterally in terms of imposing divorce and obtaining legal legality.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121835715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-20DOI: 10.15642/alhukama.2021.11.1.57-75
Dakwatul Chairah
This study aims to determine the implementation of the ijab kabul during the Covid-19 pandemic at the KUA, Sampang District, where there seems to be a change in the legal behavior of the community, where the Ijab and Kabul must be continuous and comply with health protocols. The method used is descriptive qualitative, which describes and studies in depth the practice of ijab and kabul at the KUA in Sampang District and then analyzes it based on the perspective of Islamic law or fiqh. This study found that, KUA Sampang District, Sampang Madura Regency issued a new procedure in the marriage contract. In the implementation of the Ijab and Kabul, the Penghulu as the representative of the female guardian performs ageppak bumih (clapping hands to the earth) after saying the Ijab so that the prospective groom immediately answers (kabul) the consent that was said by the Penghulu. They view that the marriage contract must be carried out in one assembly, where the ijab must be continuous with the kabul. In the implementation of the ijab kabul, the headmaster and the groom face each other, are about one meter apart, and do not shake hands. The penghulu claps his hands to the earth to remind the groom to immediately say Kabul, because there should be no time lag between ijab and kabul. This does not cause the marriage contract to be canceled, because ageppak bumih is an act of reminding the groom to immediately pronounce his kabul, answer the consent of the penghulu and so that the marriage contract remains valid.
{"title":"Pelaksanaan Ijab Kabul Pernikahan di Masa Pandemi Covid-19 di KUA Kecamatan Sampang Madura","authors":"Dakwatul Chairah","doi":"10.15642/alhukama.2021.11.1.57-75","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.57-75","url":null,"abstract":"This study aims to determine the implementation of the ijab kabul during the Covid-19 pandemic at the KUA, Sampang District, where there seems to be a change in the legal behavior of the community, where the Ijab and Kabul must be continuous and comply with health protocols. The method used is descriptive qualitative, which describes and studies in depth the practice of ijab and kabul at the KUA in Sampang District and then analyzes it based on the perspective of Islamic law or fiqh. This study found that, KUA Sampang District, Sampang Madura Regency issued a new procedure in the marriage contract. In the implementation of the Ijab and Kabul, the Penghulu as the representative of the female guardian performs ageppak bumih (clapping hands to the earth) after saying the Ijab so that the prospective groom immediately answers (kabul) the consent that was said by the Penghulu. They view that the marriage contract must be carried out in one assembly, where the ijab must be continuous with the kabul. In the implementation of the ijab kabul, the headmaster and the groom face each other, are about one meter apart, and do not shake hands. The penghulu claps his hands to the earth to remind the groom to immediately say Kabul, because there should be no time lag between ijab and kabul. This does not cause the marriage contract to be canceled, because ageppak bumih is an act of reminding the groom to immediately pronounce his kabul, answer the consent of the penghulu and so that the marriage contract remains valid.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124316621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-19DOI: 10.15642/alhukama.2021.11.1.76-104
Rajab Ritonga
The concept of Islamic inheritance always proposes justice and the principle of benefit. The contradiction of age and the performance of body shaping does not become the standars in dividing inheritance. The differentiate between men and women often becomes chatter in controversy discussion. While, the hermaphrodit or khuntha sometimes are forgetten. In Islamic inheritance view, the hermaphrodit has a special portion and get portion, so this research’s aim to describe the counting methode of hermaphrodit portion in Islamic inheritence. The method is qualitative with the library research. Describing about the hermaphrodit al portion position and counting theirs portion as detail as possible. As the result in this research, the hermaphrodit are ddivided in to two parts; first, before they adult, they were called as khuntha mushkil al-raja’ (whom are still can not determine the gender and they still have hope), second, khuntha mushkil thula hayatihi (the hermaphrodit for their whole life and have no hope). Then, the hermaphrodit is counted for twice. Counting as the men and as the women. The hermaphrodit get a half of men inheritance and a half from women inheritance. Cause, the problem of both of counting of hermaphrodit portion times with the number two as a formula, until the value of the hermaphrodit inheritance is in the middle of men and women.
{"title":"Metode Hitungan Bagian Banci dalam Waris Islam: Analisis dan Praktik","authors":"Rajab Ritonga","doi":"10.15642/alhukama.2021.11.1.76-104","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.76-104","url":null,"abstract":"The concept of Islamic inheritance always proposes justice and the principle of benefit. The contradiction of age and the performance of body shaping does not become the standars in dividing inheritance. The differentiate between men and women often becomes chatter in controversy discussion. While, the hermaphrodit or khuntha sometimes are forgetten. In Islamic inheritance view, the hermaphrodit has a special portion and get portion, so this research’s aim to describe the counting methode of hermaphrodit portion in Islamic inheritence. The method is qualitative with the library research. Describing about the hermaphrodit al portion position and counting theirs portion as detail as possible. As the result in this research, the hermaphrodit are ddivided in to two parts; first, before they adult, they were called as khuntha mushkil al-raja’ (whom are still can not determine the gender and they still have hope), second, khuntha mushkil thula hayatihi (the hermaphrodit for their whole life and have no hope). Then, the hermaphrodit is counted for twice. Counting as the men and as the women. The hermaphrodit get a half of men inheritance and a half from women inheritance. Cause, the problem of both of counting of hermaphrodit portion times with the number two as a formula, until the value of the hermaphrodit inheritance is in the middle of men and women.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"15 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132434557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-19DOI: 10.15642/alhukama.2021.11.1.105-136
Said Syaripuddin, Ariesthina Laelah
This study seeks to uncover the traditions of the Kampung Baru community who like to marry off their sons and daughters early. This paper is a qualitative-descriptive research with a phenomenological approach. Data collection is done by interview and observation. Data analysis in this study took place simultaneously with the data collection process. Data analysis was carried out through three stages of the water model, namely data reduction, presentation, and data verification. However, these three stages take place simultaneously, with the aim of providing accurate data and information for Ministry of Religion officials in formulating development policies in the field of religion. The research found that the practice of early marriage has been going on for a long time in Kampung Baru, and has even become a community culture that has been maintained for decades. The people of Kampung Baru view marriage as aiming to elevate one's sosial status. People's motivation for underage marriage is due to economic faktors, education, religion, and lack of legal awareness. In general, households built through underage marriages in Kampung Baru last quite long. The custom of the people of Kampung Baru to marry off their sons and daughters early needs special attention from all parties, especially the relevant government agencies, in order to provide enlightenment to the community about the risks and problems that can be caused to children and born generations.
{"title":"Pernikahan Dini Bagi Masyarakat Kampung Baru Desa Pitusunggu Kecamatan Ma’rang Kabupaten Pangkep Sulawesi Selatan","authors":"Said Syaripuddin, Ariesthina Laelah","doi":"10.15642/alhukama.2021.11.1.105-136","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.105-136","url":null,"abstract":"This study seeks to uncover the traditions of the Kampung Baru community who like to marry off their sons and daughters early. This paper is a qualitative-descriptive research with a phenomenological approach. Data collection is done by interview and observation. Data analysis in this study took place simultaneously with the data collection process. Data analysis was carried out through three stages of the water model, namely data reduction, presentation, and data verification. However, these three stages take place simultaneously, with the aim of providing accurate data and information for Ministry of Religion officials in formulating development policies in the field of religion. The research found that the practice of early marriage has been going on for a long time in Kampung Baru, and has even become a community culture that has been maintained for decades. The people of Kampung Baru view marriage as aiming to elevate one's sosial status. People's motivation for underage marriage is due to economic faktors, education, religion, and lack of legal awareness. In general, households built through underage marriages in Kampung Baru last quite long. The custom of the people of Kampung Baru to marry off their sons and daughters early needs special attention from all parties, especially the relevant government agencies, in order to provide enlightenment to the community about the risks and problems that can be caused to children and born generations.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116885903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-01DOI: 10.15642/ALHUKAMA.2020.10.2.319-348
J. Jamaludin, Arif Sugitanata
This article discusses the tradition of ngorek at the nyongkolan ceremony in the traditional Sasak Tanak Awu marriage. The ngorek tradition is a tradition which is done in the afternoon when the nyongkolan event is taking place. At the time of the event, the groomsmen perform the tradition of chopping or stabbing one of his own limbs with a sharp weapon such as swords, kris and so on, so that sometimes these activities cause injuries to their limbs. The main focus of the study of this article is why the Sasak Tanak Awu people still practice the tradition of ngorek by using the concept of reasons for the emergence of legal practice in society which was initiated by Satjipto Raharjo, this paper finds that the factors of the Tanak Awu Village community in carrying out the Ngorek tradition are, first, to show off invulnerability, second, attracts girls and third, keeps tradition Artikel ini membahas mengenai tradisi ngorek pada upacara nyongkolan dalam perkawinan adat Sasak Tanak Awu. Tradisi ngorek adalah sebuah tradisi dimana dilakukan pada sore hari ketika acara nyongkolan sedang berlangsung. Pada saat acara tersebut, laki-laki pengiring pengantin melakukan tradisi ngorek dengan cara membacok atau menusuk salah satu anggota badannya sendiri dengan keras menggunakan senjata tajam seperti pedang, keris dan lain sebagainya, sehingga terkadang kegiatan tersebut menyebabkan terjadinya luka-luka pada anggota badan merekaf. Fokus utama kajian artikel ini adalah mengapa masyarakat Sasak Tanak Awu masih melakukan tradisi ngorek dengan menggunakan konsep alasan munculnya praktek hukum dalam masyarakat yang digagas oleh Satjipto Raharjo, tulisan ini menemukan bahwa faktor-faktor masyarakat Desa Tanak Awu melakukan tradisi Ngorek adalah, pertama, untuk memamerkan ilmu kebalnya, kedua, menarik perhatian para gadis dan ketiga, menjaga tradisi.
本文探讨了传统萨族塔纳乌族婚姻中，在永科兰仪式上的蒙古族传统。韩国传统是在下午举行永格兰活动时进行的传统。在活动的时候，伴郎表演的传统是砍或刺伤自己的一个肢体与锋利的武器，如剑，克里斯等，所以有时这些活动会导致他们的肢体受伤。本文主要研究的重点是为什么Sasak Tanak Awu人仍然在实践ngorek传统，通过使用Satjipto Raharjo发起的法律实践在社会中出现的原因的概念，本文发现Tanak Awu村社区在执行ngorek传统的因素是，第一，为了展示自己的无孔不入，第二，吸引女孩，第三，保持传统的Artikel ini成员的mengenai传统，例如，在尼泊尔的patada upacara nyongkolan dalam perkawinan和Sasak Tanak Awu。贸易是一种贸易，是一种贸易，是一种贸易，是一种贸易，是一种贸易，是一种贸易。padsaat acara tersebut, laki-laki penging pengantin melakukan tradisi ngorek dengan cara membackk atau menusuk salah satu anggota badannya sendiri dengan keras menggunakan senjata tajperti pedang, keris danlain sebagainya, sehinga terkadang kegiatan terjadinya luka-luka padanggota badan merekaf。我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是，我的意思是。
{"title":"Tradisi Ngorek Pada Upacara Nyongkolan Perkawinan Adat Sasak Tanak Awu","authors":"J. Jamaludin, Arif Sugitanata","doi":"10.15642/ALHUKAMA.2020.10.2.319-348","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2020.10.2.319-348","url":null,"abstract":"This article discusses the tradition of ngorek at the nyongkolan ceremony in the traditional Sasak Tanak Awu marriage. The ngorek tradition is a tradition which is done in the afternoon when the nyongkolan event is taking place. At the time of the event, the groomsmen perform the tradition of chopping or stabbing one of his own limbs with a sharp weapon such as swords, kris and so on, so that sometimes these activities cause injuries to their limbs. The main focus of the study of this article is why the Sasak Tanak Awu people still practice the tradition of ngorek by using the concept of reasons for the emergence of legal practice in society which was initiated by Satjipto Raharjo, this paper finds that the factors of the Tanak Awu Village community in carrying out the Ngorek tradition are, first, to show off invulnerability, second, attracts girls and third, keeps tradition \u0000Artikel ini membahas mengenai tradisi ngorek pada upacara nyongkolan dalam perkawinan adat Sasak Tanak Awu. Tradisi ngorek adalah sebuah tradisi dimana dilakukan pada sore hari ketika acara nyongkolan sedang berlangsung. Pada saat acara tersebut, laki-laki pengiring pengantin melakukan tradisi ngorek dengan cara membacok atau menusuk salah satu anggota badannya sendiri dengan keras menggunakan senjata tajam seperti pedang, keris dan lain sebagainya, sehingga terkadang kegiatan tersebut menyebabkan terjadinya luka-luka pada anggota badan merekaf. Fokus utama kajian artikel ini adalah mengapa masyarakat Sasak Tanak Awu masih melakukan tradisi ngorek dengan menggunakan konsep alasan munculnya praktek hukum dalam masyarakat yang digagas oleh Satjipto Raharjo, tulisan ini menemukan bahwa faktor-faktor masyarakat Desa Tanak Awu melakukan tradisi Ngorek adalah, pertama, untuk memamerkan ilmu kebalnya, kedua, menarik perhatian para gadis dan ketiga, menjaga tradisi. \u0000 \u0000 ","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130617271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-29DOI: 10.15642/ALHUKAMA.2020.10.1.171-194
B. Sugeng, Zahry Vandawati Ch.
This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).
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Pub Date : 2020-11-27DOI: 10.15642/ALHUKAMA.2020.10.1.150-170
Edi Kurniawan, Ulul Albab Fadhlan, Illy Yanti
Khul' or divorce requested by a wife is one of the causes marital termination. According to Imam Syafi'i, khul' is a divorce (talak) with an 'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul' is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul' as fasakh would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the Syafi’i mazhab.
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Pub Date : 2020-10-18DOI: 10.15642/ALHUKAMA.2020.10.1.73-98
M. Ghufron, Moh Ali
One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.
由宗教法庭法官裁决的离婚原因之一是由于配偶一方的叛教。因叛教而离婚会给养育子女带来问题。将孩子的监护权交给谁必须由法官考虑。本研究采用实证研究(实地研究)的方法，结合家庭心理学的方法，了解法官在配偶背叛案件中确立子女监护权的基本考虑。通过访谈和文献资料，研究发现，法官的考虑基于三个方面:第一，规范性基础，这是基于1974年第1号宪法，汇编伊斯兰法，1989年第7号宪法。关于儿童保育的2006年第30号宪法和2002年第23号宪法，最高法院第210 / K / AG / 1990号判例。二是教规基础，指的是《教规》中与教规相一致的要求，以及《教规》中以伊斯兰教规为基础的规定。第三，心理基础，它考虑所有与儿童有关的心理问题。通过这种综合分析，法官认为穆斯林照顾孩子的要求符合心理价值观，家庭必须提供伊斯兰教育来塑造孩子的心理精神。
{"title":"Nalar Integrasi Fikih dan Psikologi Keluarga dalam Pandangan Hakim Agama Jawa Timur Tentang Hak Asuh Anak Pasangan Murtad","authors":"M. Ghufron, Moh Ali","doi":"10.15642/ALHUKAMA.2020.10.1.73-98","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2020.10.1.73-98","url":null,"abstract":"One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121401117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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