Pub Date : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.62
I. Ihsan, Hilal Malarangan, N. Nasaruddin
The regulation change to the dispensation of marriage following the difference in the limiting age of marriage in Law Number 16 of 2019 is due to concerns over the increasing cases of underage marriages. This study aims to describe the procedures and considerations of judges regarding the reasons for filing a marriage dispensation case at the Tolitoli Religious Court and explain the relevance of maqasid sharia and sociological jurisprudence to the reasons for filing a marriage dispensation at the Tolitoli Religious Court. The research method used is qualitative research with a case study approach as an instrument in the research design and data collection through field research. The results of this research explain that legal considerations and considerations of community justice became the reason for the Tolitoli Religious Court judges when explaining the procedure and the reasons for filing a marriage dispensation case at the Tolitoli Religious Court and realizing protection for children both in terms of benefit and instruments of social change and reducing the prevalence of child marriage in Tolitoli Regency as a form of relevance between maqashid sharia and sociological jurisprudence towards marriage dispensation. The judge's consideration in granting the request for a marriage dispensation, either reviewed through maqashid shariah or sociological jurisprudence, needs to be studied more deeply so that the results of the decision from the application can help to realize a household life that is sakinah, mawaddah, and rahmah because marriage is not only for oneself but also for other people called family.
{"title":"Analysis of Reasons for Filing Underage Marriage Dispensation Post Amendment to The Marriage Law Number 01 of 1974 by Law Number 16 of 2019","authors":"I. Ihsan, Hilal Malarangan, N. Nasaruddin","doi":"10.24239/ijcils.vol5.iss1.62","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.62","url":null,"abstract":"The regulation change to the dispensation of marriage following the difference in the limiting age of marriage in Law Number 16 of 2019 is due to concerns over the increasing cases of underage marriages. This study aims to describe the procedures and considerations of judges regarding the reasons for filing a marriage dispensation case at the Tolitoli Religious Court and explain the relevance of maqasid sharia and sociological jurisprudence to the reasons for filing a marriage dispensation at the Tolitoli Religious Court. The research method used is qualitative research with a case study approach as an instrument in the research design and data collection through field research. The results of this research explain that legal considerations and considerations of community justice became the reason for the Tolitoli Religious Court judges when explaining the procedure and the reasons for filing a marriage dispensation case at the Tolitoli Religious Court and realizing protection for children both in terms of benefit and instruments of social change and reducing the prevalence of child marriage in Tolitoli Regency as a form of relevance between maqashid sharia and sociological jurisprudence towards marriage dispensation. The judge's consideration in granting the request for a marriage dispensation, either reviewed through maqashid shariah or sociological jurisprudence, needs to be studied more deeply so that the results of the decision from the application can help to realize a household life that is sakinah, mawaddah, and rahmah because marriage is not only for oneself but also for other people called family.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115193410","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 : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.60
Eko Sumarno, M. Marzuki, Muhammad Syarif Hasyim
The objective of this study is to examine acculturation of Islamic Law and Local culture in the Marriage Customs of the Buol People: This study examined two problems. First, how is the process of acculturation? Second, what acculturation occurs between Islamic law and local culture in the marriage customs of the Buol people?. This study used qualitative method with an empirical sociological legal research analysis approach. Data was gathered through in-depth interviews, direct observation, and participant observation, and physical equipment. The results of the study show that the process of acculturation occurs through power or politics, through trade, education, or da'wah and the arts, as well as through marriage and migration. Acculturation also occurs at every stage of the implementation of marriage customs among the Buol people, including through Mongolyokap, Molyako nikah or marraige proposal, Motanduan moposakis or determination and witnesses, Mopake bolre or decorating the bride's house, Mogundud nikah or delivering the requested property, Moponika or reading of Ijab Qabul (Islamic marriage contract), Monobvuwunggag or invalidating wudhu, Mongoliayondigi, Mopoalyom/Mogolya mongaano or wedding reception, Mosalyamat or small post-wedding party, and Mogolya mopolyong or sleeping at the groom's house. The forms of acculturation are substitution or addition of cultural elements, syncretism or an amalgamation of cultural factors, addition or combination of cultural elements, and deculturation or replacement of cultural aspects.
{"title":"Acculturation of Islamic Law and Local Culture in Marriage Customs of the Buol People: An Anthropological Perspective","authors":"Eko Sumarno, M. Marzuki, Muhammad Syarif Hasyim","doi":"10.24239/ijcils.vol5.iss1.60","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.60","url":null,"abstract":"The objective of this study is to examine acculturation of Islamic Law and Local culture in the Marriage Customs of the Buol People: This study examined two problems. First, how is the process of acculturation? Second, what acculturation occurs between Islamic law and local culture in the marriage customs of the Buol people?. This study used qualitative method with an empirical sociological legal research analysis approach. Data was gathered through in-depth interviews, direct observation, and participant observation, and physical equipment. The results of the study show that the process of acculturation occurs through power or politics, through trade, education, or da'wah and the arts, as well as through marriage and migration. Acculturation also occurs at every stage of the implementation of marriage customs among the Buol people, including through Mongolyokap, Molyako nikah or marraige proposal, Motanduan moposakis or determination and witnesses, Mopake bolre or decorating the bride's house, Mogundud nikah or delivering the requested property, Moponika or reading of Ijab Qabul (Islamic marriage contract), Monobvuwunggag or invalidating wudhu, Mongoliayondigi, Mopoalyom/Mogolya mongaano or wedding reception, Mosalyamat or small post-wedding party, and Mogolya mopolyong or sleeping at the groom's house. The forms of acculturation are substitution or addition of cultural elements, syncretism or an amalgamation of cultural factors, addition or combination of cultural elements, and deculturation or replacement of cultural aspects.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132313585","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 : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.57
Abdul Malik Firdaus, Lukman S. Thahir, Muhammad Akbar
The twin mayang tradition is still being maintained and believed to be a way to bring goodness to the bride and groom and their families who carry out the wedding ceremony. The purpose of this research is to find out the form, process, value and philosophical meaning of the twin manyang tradition at Javanese weddings in the village of Suka Maju and its review in Islamic law. This research uses descriptive qualitative research with a cultural anthropological approach. This approach explains that a religion is not studied or researched by itself but is examined by linking it with other aspects. So that this research is not only to be able to know the law and its implementation but also to be able to understand the value and philosophical meaning in it so that it can benefit people's lives. Data was collected through observation and structured interviews and some supporting data in the form of files and other documents. The results of this study indicate that the twin mayang tradition in Javanese weddings is a tradition in which there are values, functions and benefits for the wedding couple. Twin mayang has a philosophical meaning and good messages and advice in running a household life, so that these values become the basis for continuing to preserve this tradition. In a review of Islamic law, the twin mayang tradition has Islamic values and principles. Islamic principles include the principles of monotheism, freedom, justice, mutual help and expediency. So thus the twin mayang tradition is a tradition that contains Islamic principles and is permissible as long as it does not conflict with Islamic law.
{"title":"The Tradition of the Twins Mayang in Javanese Tribe Community Wedding in Sukamaju Village, Banggai District in the Perspective of Islamic Law","authors":"Abdul Malik Firdaus, Lukman S. Thahir, Muhammad Akbar","doi":"10.24239/ijcils.vol5.iss1.57","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.57","url":null,"abstract":"The twin mayang tradition is still being maintained and believed to be a way to bring goodness to the bride and groom and their families who carry out the wedding ceremony. The purpose of this research is to find out the form, process, value and philosophical meaning of the twin manyang tradition at Javanese weddings in the village of Suka Maju and its review in Islamic law. This research uses descriptive qualitative research with a cultural anthropological approach. This approach explains that a religion is not studied or researched by itself but is examined by linking it with other aspects. So that this research is not only to be able to know the law and its implementation but also to be able to understand the value and philosophical meaning in it so that it can benefit people's lives. Data was collected through observation and structured interviews and some supporting data in the form of files and other documents. The results of this study indicate that the twin mayang tradition in Javanese weddings is a tradition in which there are values, functions and benefits for the wedding couple. Twin mayang has a philosophical meaning and good messages and advice in running a household life, so that these values become the basis for continuing to preserve this tradition. In a review of Islamic law, the twin mayang tradition has Islamic values and principles. Islamic principles include the principles of monotheism, freedom, justice, mutual help and expediency. So thus the twin mayang tradition is a tradition that contains Islamic principles and is permissible as long as it does not conflict with Islamic law.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130280425","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 : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.59
A. Arfiana, M. B., Malkan Malkan
Women were perceived as having a nasty and disturbing image in pre-Islamic times. They are considered worthless and subordinated beings whose presence causes many problems. They have no personal independence, their rights can be taken away from them, and their bodies can be trafficked or passed down through the family, which puts them in a precarious situation. Women are considered not worthy of being treated humanely in these circumstances. In Buol Regency, problems have been related to this iwadh khulu'. In this case, the wife did not receive the iwadh khulu' payment that was handed down to her because, during the time of marriage, the wife was treated improperly by her husband, such as not given a living to support her and her children, often being left alone without news, and not infrequently the husband commits domestic violence to the wife. Based on that, the researchers are interested in further researching this issue and have written a thesis entitled "Rejection of Wife towards Iwadh Khulu from a Maqashid Sharia Perspective (Case Study at the Buol Religious Court). The approach used in this research is qualitative. Data was gathered through observation, interviews, and documentation. The analysis was done through data reduction, data presentation, and verification. To ensure that the data obtained was valid and credible, analysis and checking of the validity of the data were carried out. The results of this study indicate that the wife's rejection of iwadh khulu' in the Buol district is based on a mental inability to accept all the burdens she has received during the marriage period. In the view of maqasid sharia, this is included in Hifdz Akl and Hifdz Nasl because refusal is made only based on the wife's mental condition in facing Khulu' (Divorce Lawsuit).
{"title":"Rejection of Wife towards Iwadh Khulu': A Maqasid Sharia Perspective","authors":"A. Arfiana, M. B., Malkan Malkan","doi":"10.24239/ijcils.vol5.iss1.59","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.59","url":null,"abstract":"Women were perceived as having a nasty and disturbing image in pre-Islamic times. They are considered worthless and subordinated beings whose presence causes many problems. They have no personal independence, their rights can be taken away from them, and their bodies can be trafficked or passed down through the family, which puts them in a precarious situation. Women are considered not worthy of being treated humanely in these circumstances. In Buol Regency, problems have been related to this iwadh khulu'. In this case, the wife did not receive the iwadh khulu' payment that was handed down to her because, during the time of marriage, the wife was treated improperly by her husband, such as not given a living to support her and her children, often being left alone without news, and not infrequently the husband commits domestic violence to the wife. Based on that, the researchers are interested in further researching this issue and have written a thesis entitled \"Rejection of Wife towards Iwadh Khulu from a Maqashid Sharia Perspective (Case Study at the Buol Religious Court). The approach used in this research is qualitative. Data was gathered through observation, interviews, and documentation. The analysis was done through data reduction, data presentation, and verification. To ensure that the data obtained was valid and credible, analysis and checking of the validity of the data were carried out. The results of this study indicate that the wife's rejection of iwadh khulu' in the Buol district is based on a mental inability to accept all the burdens she has received during the marriage period. In the view of maqasid sharia, this is included in Hifdz Akl and Hifdz Nasl because refusal is made only based on the wife's mental condition in facing Khulu' (Divorce Lawsuit).","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132842989","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 : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.61
Harisman Dodoteng, A. Abidin, Sitti Musyahidah
The aim of this study is to examine the existence of sirri marriages occasionally. Some people even do it without the first wife's permission, resulting in losses for the perpetrators even though the law has determined that marriage must be brought before the official marriage registrar to be registered. On this issue, the researchers focused on investigating the legal consequences for sirri marriage perpetrators without the first wife's permission and the perspective of Islamic law and positive law for sirri marriage perpetrators without the first wife's consent. The provisions for sirri marriage in Islamic law are not found in the Al-Quran and Hadith. Sirri marriage can be made a criminal act in Islamic law, but the provisions fall into jarimah ta'zir. The ta'zir punishment is not directly found in the Al-Quran and Hadith, this type of punishment becomes the judge's or local government's competence. Meanwhile, according to the positive law of sirri marriages that do not comply with or follow the legal procedures for marriage or without asking for the first wife's permission, the marriage can be punished under Article 279. This type of research used a literature review. The researchers suggest that this university should socialize regarding this matter, and registration of marriages must continue to be carried out by the government and the community, in this case, religious leaders.
{"title":"Legal Consequences on Sirri Marriage Performers Without the Permission of the First Wife: Perspective of Islamic Law and Positive Law","authors":"Harisman Dodoteng, A. Abidin, Sitti Musyahidah","doi":"10.24239/ijcils.vol5.iss1.61","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.61","url":null,"abstract":"The aim of this study is to examine the existence of sirri marriages occasionally. Some people even do it without the first wife's permission, resulting in losses for the perpetrators even though the law has determined that marriage must be brought before the official marriage registrar to be registered. On this issue, the researchers focused on investigating the legal consequences for sirri marriage perpetrators without the first wife's permission and the perspective of Islamic law and positive law for sirri marriage perpetrators without the first wife's consent. The provisions for sirri marriage in Islamic law are not found in the Al-Quran and Hadith. Sirri marriage can be made a criminal act in Islamic law, but the provisions fall into jarimah ta'zir. The ta'zir punishment is not directly found in the Al-Quran and Hadith, this type of punishment becomes the judge's or local government's competence. Meanwhile, according to the positive law of sirri marriages that do not comply with or follow the legal procedures for marriage or without asking for the first wife's permission, the marriage can be punished under Article 279. This type of research used a literature review. The researchers suggest that this university should socialize regarding this matter, and registration of marriages must continue to be carried out by the government and the community, in this case, religious leaders.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115975425","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 : 2023-07-19DOI: 10.24239/ijcils.vol5.iss1.58
A. Haruna, Z. Abidin, Gani Jumat
Taklik talak is the groom's divorce promise after signing the marriage contract. Taklik divorce is stated in the marriage certificate and is required for a specific event in the future. Seeing the habit of reading taklik talak in the Momunu sub-district, there are not a few cases of violations of taklik talak which are caused by the economy, domestic violence, extramarital affairs, and others, so there is no harmony in a household relationships. This study aimed to analyze the implementation of taklik divorce in Momunu district—research using qualitative methods. The data collection techniques are carried out through observation, interviews, and documentation. At the same time, data analysis is done by reducing, presenting, and verifying data. So that the data obtained has credibility and validity so that processing techniques and data analysis and checking the validity of the data are carried out. This study's results indicate two legal consequences from violations of taklik divorce in the sub-district of Momunu, namely the Khulu divorce lawsuit and the fulfillment of Iwadh Taklik Talak. After deeply analyzing the fatwa of the Indonesian Ulema Council, the authors conclude that the taklik divorce in marriage and its pronunciation has no urgency and is no longer relevant today. Regarding violations of taklik divorce committed by several parties, the wife may impose divorce because the husband has left or the husband's whereabouts are unclear. According to the Malik school of thought, taklik divorce is considered divorce ba'in, while according to the Ahmad school of thought, it is fasakh. This is to prevent harm to the woman. The wife may also ask for a divorce if the husband leaves her.
{"title":"Analysis of the Fatwa of the Indonesian Ulema Council on the Legal Consequences of Violations of Divorce Taklik in Momunu District, Buol Regency","authors":"A. Haruna, Z. Abidin, Gani Jumat","doi":"10.24239/ijcils.vol5.iss1.58","DOIUrl":"https://doi.org/10.24239/ijcils.vol5.iss1.58","url":null,"abstract":"Taklik talak is the groom's divorce promise after signing the marriage contract. Taklik divorce is stated in the marriage certificate and is required for a specific event in the future. Seeing the habit of reading taklik talak in the Momunu sub-district, there are not a few cases of violations of taklik talak which are caused by the economy, domestic violence, extramarital affairs, and others, so there is no harmony in a household relationships. This study aimed to analyze the implementation of taklik divorce in Momunu district—research using qualitative methods. The data collection techniques are carried out through observation, interviews, and documentation. At the same time, data analysis is done by reducing, presenting, and verifying data. So that the data obtained has credibility and validity so that processing techniques and data analysis and checking the validity of the data are carried out. This study's results indicate two legal consequences from violations of taklik divorce in the sub-district of Momunu, namely the Khulu divorce lawsuit and the fulfillment of Iwadh Taklik Talak. After deeply analyzing the fatwa of the Indonesian Ulema Council, the authors conclude that the taklik divorce in marriage and its pronunciation has no urgency and is no longer relevant today. Regarding violations of taklik divorce committed by several parties, the wife may impose divorce because the husband has left or the husband's whereabouts are unclear. According to the Malik school of thought, taklik divorce is considered divorce ba'in, while according to the Ahmad school of thought, it is fasakh. This is to prevent harm to the woman. The wife may also ask for a divorce if the husband leaves her.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116163440","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 : 2022-12-12DOI: 10.24239/ijcils.vol4.iss2.51
Zainuddin Adam, N. Nasaruddin, Hilal Malarangan
This study discusses problems of sirri marriage in Banggai Islands Regency with the focus of Aliyan Imamullah's deviant sect Marriage in Labibi Village, Central Peling District, Banggai Islands Regency. The discussion of this paper include motivating factors for carrying out sirri marriage in the Aliyan Imamullah deviant sect and the view of Islamic law and its implications for sirri marriage on household harmony among adherents of the Aliyan Imamullah deviant sect. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The data was analyzed using thematic approach by determining themes from the empirical data. The results of this study show that the driving factors for the community to carry out unregistered marriages in Labibi Village are due to economic factors, age, education, family and geography. Besides that the lack of public understanding of Islamic law and awareness of marriage registration also caused to practice unregistered marriage or sirri marriage. The practice of sirri marriage in the perspective of Islamic law is valid and appropriate because the terms and conditions have been fulfilled based on Islamic sharia. However, according Indonesia state regulations, the practice of sirri marriage is not recognized because it is not recorded by government authorities. Therefore, most the children born from siiri marriage couples could not obtain a birth certificate before their parent legalize the marriage with the state regulation.
{"title":"Problematic of Sirri Marriage in Banggai Islands District: The Case of Aliyan Imamullah's Deviant Sect Marriage Central Peling District, Banggai Islands Regency","authors":"Zainuddin Adam, N. Nasaruddin, Hilal Malarangan","doi":"10.24239/ijcils.vol4.iss2.51","DOIUrl":"https://doi.org/10.24239/ijcils.vol4.iss2.51","url":null,"abstract":"This study discusses problems of sirri marriage in Banggai Islands Regency with the focus of Aliyan Imamullah's deviant sect Marriage in Labibi Village, Central Peling District, Banggai Islands Regency. The discussion of this paper include motivating factors for carrying out sirri marriage in the Aliyan Imamullah deviant sect and the view of Islamic law and its implications for sirri marriage on household harmony among adherents of the Aliyan Imamullah deviant sect. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The data was analyzed using thematic approach by determining themes from the empirical data. The results of this study show that the driving factors for the community to carry out unregistered marriages in Labibi Village are due to economic factors, age, education, family and geography. Besides that the lack of public understanding of Islamic law and awareness of marriage registration also caused to practice unregistered marriage or sirri marriage. The practice of sirri marriage in the perspective of Islamic law is valid and appropriate because the terms and conditions have been fulfilled based on Islamic sharia. However, according Indonesia state regulations, the practice of sirri marriage is not recognized because it is not recorded by government authorities. Therefore, most the children born from siiri marriage couples could not obtain a birth certificate before their parent legalize the marriage with the state regulation.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131142145","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 : 2022-12-12DOI: 10.24239/ijcils.vol4.iss2.47
Wardin Tolodo, Muhammad Akbar, M. B.
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.
{"title":"Socio Juridical Analysis of Underage Marriage Caused by Pre-Marital Pregnancy: a Case Study in Banggai Islands Regency","authors":"Wardin Tolodo, Muhammad Akbar, M. B.","doi":"10.24239/ijcils.vol4.iss2.47","DOIUrl":"https://doi.org/10.24239/ijcils.vol4.iss2.47","url":null,"abstract":"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.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133308554","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 : 2022-12-12DOI: 10.24239/ijcils.vol4.iss2.50
U. Usman, A. Abidin, Lukman S. Thahir
A judge's decision or commonly called court decision, is a written statement made by a judge as a government official who has been authorized to do so. The statement is made in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.
{"title":"Analysis of Judges' Decision on Witness Divorce Evidence in Donggala Religious Court","authors":"U. Usman, A. Abidin, Lukman S. Thahir","doi":"10.24239/ijcils.vol4.iss2.50","DOIUrl":"https://doi.org/10.24239/ijcils.vol4.iss2.50","url":null,"abstract":"A judge's decision or commonly called court decision, is a written statement made by a judge as a government official who has been authorized to do so. The statement is made in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133918614","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 : 2022-12-12DOI: 10.24239/ijcils.vol4.iss2.48
N. A. Sustiono, M. Marzuki, Sidik Ibrahim
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.
{"title":"Judges' Considerations in Granting Permission to Underage Marriage Applications at the Luwuk Religious Court","authors":"N. A. Sustiono, M. Marzuki, Sidik Ibrahim","doi":"10.24239/ijcils.vol4.iss2.48","DOIUrl":"https://doi.org/10.24239/ijcils.vol4.iss2.48","url":null,"abstract":"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.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115963709","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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