Pub Date : 2021-12-31DOI: 10.24239/ijcils.vol3.iss2.33
Yusma Natasya Perdana, A. Abidin, K. Kamaruddin
This study examines the Impact of underage marriages on household welfare. The phenomenon of early marriage in Indonesia has attracted attention from scholars and practitioners. This study employed a qualitative method. The data were collected through direct observation, in-depth-interviews, and written document analysis. Data analysis was conducted through reduction techniques, data presentation, data verification, and conclusion drawing. The results of this study showed that the level of well-being of early marriage were included in the category below the establishment line of life both financially and spiritually. Factors causing changes in welfare include mindset, mental, and spiritual which is immature in family management causing a loss of the real purpose of building well-being and happiness families. The implication of this study was seen from Islamic law. Even though under ages marriage is legal in Islamic law perspective, but the marriage is not legal from government las perspectives. Underage marriage caused negative impact of family wel-being and happiness.
{"title":"The Impact of Underage Marriages on Family Welfare","authors":"Yusma Natasya Perdana, A. Abidin, K. Kamaruddin","doi":"10.24239/ijcils.vol3.iss2.33","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss2.33","url":null,"abstract":"This study examines the Impact of underage marriages on household welfare. The phenomenon of early marriage in Indonesia has attracted attention from scholars and practitioners. This study employed a qualitative method. The data were collected through direct observation, in-depth-interviews, and written document analysis. Data analysis was conducted through reduction techniques, data presentation, data verification, and conclusion drawing. The results of this study showed that the level of well-being of early marriage were included in the category below the establishment line of life both financially and spiritually. Factors causing changes in welfare include mindset, mental, and spiritual which is immature in family management causing a loss of the real purpose of building well-being and happiness families. The implication of this study was seen from Islamic law. Even though under ages marriage is legal in Islamic law perspective, but the marriage is not legal from government las perspectives. Underage marriage caused negative impact of family wel-being and happiness.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126043143","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 : 2021-12-31DOI: 10.24239/ijcils.vol3.iss2.34
A. Yahya, R. Rusli, Muhammad Akbar
The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.
{"title":"Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife","authors":"A. Yahya, R. Rusli, Muhammad Akbar","doi":"10.24239/ijcils.vol3.iss2.34","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss2.34","url":null,"abstract":"The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126966501","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 : 2021-12-31DOI: 10.24239/ijcils.vol3.iss2.31
S. Syamsuddin, Z. Abidin, Syahabuddin Syahabuddin
This paper aims to find out the method used by Quraish and the factors that influenced his interpretation of polygamy in the Tafsir of Al-Mishbah. This research is a literature research using Arkoun's hermeneutic approach in analyzing the Quraish interpretation of Polygamy in his Tafsir. Data collection was carried out by citing and analyzing relevant literature on the issue discussed, then reviewing and concluding it. The results of this study indicate that polygamy is pictured as a small emergency exit that can only be conducted in emergency situation. The method used by Quraish Shihab in his interpretation of polygamy is the tahlili method, and the approach is more dominantly contextual. Likewise, the factores that influenced his interpretation include his social settings, schools of thought, and such figures such as Al-Biqai, Muh. Abduh, Tabataba'i, and Al-Farmawy.
{"title":"Polygamy from Quraish Shihab’s View in the Tafsir Al-Mishbah","authors":"S. Syamsuddin, Z. Abidin, Syahabuddin Syahabuddin","doi":"10.24239/ijcils.vol3.iss2.31","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss2.31","url":null,"abstract":"This paper aims to find out the method used by Quraish and the factors that influenced his interpretation of polygamy in the Tafsir of Al-Mishbah. This research is a literature research using Arkoun's hermeneutic approach in analyzing the Quraish interpretation of Polygamy in his Tafsir. Data collection was carried out by citing and analyzing relevant literature on the issue discussed, then reviewing and concluding it. The results of this study indicate that polygamy is pictured as a small emergency exit that can only be conducted in emergency situation. The method used by Quraish Shihab in his interpretation of polygamy is the tahlili method, and the approach is more dominantly contextual. Likewise, the factores that influenced his interpretation include his social settings, schools of thought, and such figures such as Al-Biqai, Muh. Abduh, Tabataba'i, and Al-Farmawy.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121758079","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 : 2021-12-31DOI: 10.24239/ijcils.vol3.iss2.32
Syuaib Syuaib, M. B., Ermawati Ermawati
This study discusses the duties and functions of court bailiff in the settlement of marriage properties or gono gini in the religion court. This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.
{"title":"The Role of Executors in Mariage Properties Sharing Based on Islamic Law","authors":"Syuaib Syuaib, M. B., Ermawati Ermawati","doi":"10.24239/ijcils.vol3.iss2.32","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss2.32","url":null,"abstract":"This study discusses the duties and functions of court bailiff in the settlement of marriage properties or gono gini in the religion court. This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127439986","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: 10.24239/ijcils.vol3.iss1.26
M. Marzuki, A. Abidin, Hilal Malarangan
The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.
{"title":"Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement","authors":"M. Marzuki, A. Abidin, Hilal Malarangan","doi":"10.24239/ijcils.vol3.iss1.26","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.26","url":null,"abstract":"The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126949929","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: 10.24239/ijcils.vol3.iss1.24
A. Sidiq, R. Rusli, Syahabuddin Syahabuddin
The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.
{"title":"Gender Analysis of Marriage Guardians in the Compilation of Islamic Law","authors":"A. Sidiq, R. Rusli, Syahabuddin Syahabuddin","doi":"10.24239/ijcils.vol3.iss1.24","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.24","url":null,"abstract":"The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132822231","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: 10.24239/ijcils.vol3.iss1.29
Sudirman A. Dg. Mataro, Ermawati Ermawati
The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.
{"title":"Marriage Properties Sharing Based on Islamic Law","authors":"Sudirman A. Dg. Mataro, Ermawati Ermawati","doi":"10.24239/ijcils.vol3.iss1.29","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.29","url":null,"abstract":"The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127024115","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: 10.24239/ijcils.vol3.iss1.25
Arsyam Arsyam, Siti Musyahidah, Malkan Malkan
This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.
{"title":"Islamic Law Perspective on Settlement of Inheritance Disputes","authors":"Arsyam Arsyam, Siti Musyahidah, Malkan Malkan","doi":"10.24239/ijcils.vol3.iss1.25","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.25","url":null,"abstract":"This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes. The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122071398","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: 10.24239/ijcils.vol3.iss1.27
M. Nasir, Z. Abidin, Lukman S. Thahir
This study discusses the effectiveness of premarital guidance and counseling in building sakinah families at the Office of Religious Affairs (KUA) of Parigi District, Parigi Moutong Regency. The study used qualitative methods and the data was gathered through observation, indepth interviews and written material. The data analysis was analyzed through reduction process, then the data was presented in a table, and it was also verified, and finally the discussion was built based on the data. The results showed that (1) Guidance and premarital counseling in KUA Parigi District has been effectively carried out through premarital counseling and counseling programs carried out through two stages namely the pre-implementation stage and the implementation stage by increasing the role of the counselor in handling divorce, and guidance and pre-marital counseling with procedures that have been determined based on the existing schedule and comprehensive pre-marital guidance materials guided by KUA Employees and several other relevant agencies.
{"title":"Pre-Marital Counseling Effectiveness In Building Happy Muslim Families","authors":"M. Nasir, Z. Abidin, Lukman S. Thahir","doi":"10.24239/ijcils.vol3.iss1.27","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.27","url":null,"abstract":"This study discusses the effectiveness of premarital guidance and counseling in building sakinah families at the Office of Religious Affairs (KUA) of Parigi District, Parigi Moutong Regency. The study used qualitative methods and the data was gathered through observation, indepth interviews and written material. The data analysis was analyzed through reduction process, then the data was presented in a table, and it was also verified, and finally the discussion was built based on the data. The results showed that (1) Guidance and premarital counseling in KUA Parigi District has been effectively carried out through premarital counseling and counseling programs carried out through two stages namely the pre-implementation stage and the implementation stage by increasing the role of the counselor in handling divorce, and guidance and pre-marital counseling with procedures that have been determined based on the existing schedule and comprehensive pre-marital guidance materials guided by KUA Employees and several other relevant agencies.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122497966","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: 10.24239/ijcils.vol3.iss1.28
Mus Mualim, M. Hasyim, Muhammad Akbar
The aim of this study is to understand Islamic Law Perspectives on the divorce that is carried out by the government employees in Palu. This study used a qualitative field research. The research procedure that produces descriptive data in the form of writing and attitudes that can be observed from the subject itself. The data sources were obtained from primary and secondary data collected by observation, interviews and documentation. The data analysis techniques used were inductive and continuous using data reduction, data presentation and drawing conclusions or verification. The results show that the government employees who will conduct a divorce must obtain permission from the competent superior, which is then processed at the Regional Civil Service Agency, then the application process or divorce suit will be continued at the Palu Religious Court Class I A. As for legal review Islam regarding the divorce process of the State Civil Apparatus (ASN) is in accordance with Islamic law based on the word of Allah in QS An-Nisaa: (4): 59 and the complicating principle contained in the divorce process of the State Civil Apparatus (ASN) is in line with Islamic law as in the hadith of the prophet, namely From Ibn Umar. He said that Rasulullah Saw. has said, “that which is lawful which God hates most is divorce”. By understanding this hadith, Islam encourages the realization of a happy and eternal marriage, this is also contained in Law 1 of 1974 concerning the purpose of marriage, namely to form a happy and eternal family (household) based on one Godhead.
{"title":"Islamic Law Perspective on Civil Servant Divorce Process","authors":"Mus Mualim, M. Hasyim, Muhammad Akbar","doi":"10.24239/ijcils.vol3.iss1.28","DOIUrl":"https://doi.org/10.24239/ijcils.vol3.iss1.28","url":null,"abstract":"The aim of this study is to understand Islamic Law Perspectives on the divorce that is carried out by the government employees in Palu. This study used a qualitative field research. The research procedure that produces descriptive data in the form of writing and attitudes that can be observed from the subject itself. The data sources were obtained from primary and secondary data collected by observation, interviews and documentation. The data analysis techniques used were inductive and continuous using data reduction, data presentation and drawing conclusions or verification. The results show that the government employees who will conduct a divorce must obtain permission from the competent superior, which is then processed at the Regional Civil Service Agency, then the application process or divorce suit will be continued at the Palu Religious Court Class I A. As for legal review Islam regarding the divorce process of the State Civil Apparatus (ASN) is in accordance with Islamic law based on the word of Allah in QS An-Nisaa: (4): 59 and the complicating principle contained in the divorce process of the State Civil Apparatus (ASN) is in line with Islamic law as in the hadith of the prophet, namely From Ibn Umar. He said that Rasulullah Saw. has said, “that which is lawful which God hates most is divorce”. By understanding this hadith, Islam encourages the realization of a happy and eternal marriage, this is also contained in Law 1 of 1974 concerning the purpose of marriage, namely to form a happy and eternal family (household) based on one Godhead.","PeriodicalId":385273,"journal":{"name":"INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130176881","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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