scholarly journals SELAGHIAN TRADITIONAL SANCTIONS UPON A PERSPECTIVE OF ISLAMIC LAW (Study on Serawai Community in Air Nipis District, South Bengkulu Regency)

2021 ◽  
Vol 8 (2) ◽  
pp. 219
Author(s):  
Tendra Harnata ◽  
Toha Andiko
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Deterrent Effect ◽  
Male And Female ◽  
Running Away ◽  
Traditional Leader ◽  
Depth Interviews

 This study discusses the issue of the application of selaghian customary sanctions to the Serawai people of South Bengkulu as well as examines the opinion of Islamic law on these sanctions. This study uses a qualitative method with a descriptive normative legal approach, to unravel the facts found in the field (field research). Based on the data collected through observation and in-depth interviews in the field, it was found that the form of selaghian that is still being practiced is selaghian sebambangan, a type of selaghian performed by a couple (male and female) with both of them secretly running away from the house with no friends, going to the house of a local traditional leader, then being told by someone else to tell the couple’s parents, to pick up the couple and marry them off. Customs impose fines that vary according to the severity of the offense committed. In terms of Islamic law, the provision of customary sanctions in the form of ta’zir punishment is legal and may be carried out as a good custom (‘urf shahih) with the aim of causing a deterrent effect for the perpetrators (zawajir).

scholarly journals Philosophical meaning of the myth of pregnant and nursing mothers at Dawuhan village, Banyumas

2018 ◽  
Vol 3 (2) ◽  
pp. 188
Author(s):  
Astiana Ajeng Rahadini ◽  
Rahmat Rahmat
Keyword(s):  
Research Method ◽  
Qualitative Method ◽  
Public Life ◽  
Field Research ◽  
Traditional Culture ◽  
Oral Literature ◽  
Wide Range ◽  
Nursing Mothers ◽  
The Village ◽  
Depth Interviews

Traditional culture underlying a wide range of behavior and deeds of a society and gave birth to a variety of oral literature as well as myth. The myth that developed and still surviving in public life of Java among other myths related to pregnant and nursing mothers. This research is under a descriptively qualitative method supported by field research method along with un-depth interviews in Dawuhan village of Banyumas which is the village where the ancestors of Banyumas was buried. Through field observation and research method of interview to the trusted resource in Dawuhan village was obtained by results of research regarding the myth of pregnant and nursing mothers. This research finds some kinds of myths in relation to recommending and prohibition to perform an action that may harm the fetus, while the myth of breastfeeding mothers mostly prohibition and advice about foods that are consumed by the mother breastfeeding can harm the health of the baby.

scholarly journals Effectiveness of Prevention of Narcotics Abuse in Adolescents in Ogan Komering Ilir Regency (Study at the National Narcotics in Ogan Komering Ilir Regency)

2019 ◽  
Vol 2 (1) ◽  
pp. 13-25
Author(s):  
Indah Permata Futri ◽  
Zailani Surya Marpaung
Keyword(s):  
Drug Abuse ◽  
Data Collection ◽  
Qualitative Method ◽  
Open Systems ◽  
Field Research ◽  
Three Dimensions ◽  
Input Process ◽  
Traditional Media ◽  
Depth Interviews

ABSTRACT This research is motivated by the circulation and use of narcotics in adolescents which are still rife in Ogan Komering Ilir Regency. This study aims to determine the effectiveness of prevention of drug abuse in adolescents in Ogan Komering Ilir Regency. The method used in this study is a qualitative method. Data collection techniques are done through in-depth interviews and documentation studies. The theory used in this study is the theory of open systems according to Richard M Steers, namely effectiveness can be seen based on three dimensions, namely input, process and output. Based on the results of field research shows that the input, process and output has not been effective. The conclusion of this research is that the effectiveness of prevention of narcotics abuse in adolescents in Ogan Komering Ilir Regency (study at the National Narcotics Agency Ogan komering Ilir Regency) has not been effectively implemented. This research suggests that the effectiveness of preventing narcotics abuse among adolescents (a study at the National Narcotics Agency of Ogan Komering Ilir) can run well and effectively: (1) There needs to be communication and cooperation between BNNK OKI and the Regency Government, Police and Related Agencies to help resources in the prevention of narcotics, (2) socialization activities or counselling on the dangers of anti-drugs must be increased, and (3) prioritizing the use of traditional media.

scholarly journals A Field Research as an Anthropological Tool in Literary Reportage (on the Examples of Journalistic Texts by Joseph Roth)

2019 ◽  
pp. 135-145
Author(s):  
Olesya Yaremchuk
Keyword(s):  
Twentieth Century ◽  
Content Analysis ◽  
Qualitative Method ◽  
Field Research ◽  
Paradigmatic Analysis ◽  
The Creation ◽  
Harsh Criticism ◽  
Depth Interviews ◽  
Joseph Roth

This article studies the use of field research as an anthropological tool in literary reportage which is a comprehensive element of the creation of journalistic content. Based on the examples of journalistic texts of the 20s by the Austrian writer Joseph Roth, we have analyzed the anthropological methods which were used by this author in his reportages, that is the main objective of this study. Using diachronic comparison, qualitative method and content analysis to evaluate and to explain the concept of Joseph Roth’s texts, as well as the methodology of textual, syntagmatic (by Volodymyr Propp) and paradigmatic analysis (by Claude Levi-Strauss), we have examined the generated meanings in the texts of the mentioned author. As a result of the study, we have identified four methods that Joseph Roth used writing his news reportages in the 1920s, including “In Midday France” and “White Cities”. Those methods are as follows: overt observation, in-depth interviews, fixing details and gaining empirical experience. The modern authors call these methods as classic ones, without which it is impossible to work in this genre. As we have seen from the examples of literary reportages of the French cycle by Joseph Roth, the anthropological tools used by this author for his works contributed to deepening and improving the quality of his texts which is of great significance for our study. Joseph Roth created a panoramic picture of the twentieth century in his texts through watching, communicating and studing. However, it is worth to add that he was often too subjective, suffering harsh criticism for this.

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

scholarly journals Tinjauan Hukum Islam Terhadap Pernikahan Beda Kasta (Studi Kasus Desa Ngafan Kabupaten Maluku Tenggara)

2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Male Partner ◽  
Field Research ◽  
Research Field ◽  
Religious Leaders ◽  
Special Interests ◽  
Legal Requirements ◽  
Depth Interviews

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.

scholarly journals TRADISI MERASI DALAM ADAT PERKAWINAN MELAYU RIAU (STUDI ANALISIS TERHADAP PENENTUAN KAFAAH CALON PENGANTIN DI KELURAHAN BAGAN BATU)

2016 ◽  
Vol 2 (2) ◽  
pp. 179
Author(s):  
Rahmat Pulungan
Keyword(s):  
Data Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Analysis Techniques ◽  
The People ◽  
Religious Understanding ◽  
The Way

<em>Kafaah aims to create harmony and balance in marriage. Criteria of kafaah in jurisprudence according to scholarly is nasab, wealth, beauty, diyanah, hirfah and self independence. The problem that occurs is when determining kafaah in Bagan Batu, the Malay community has its own way in the process or determine kafaah, they carry the tradition called merasi to ensure compatibility between their children who will carry out the marriage. The main problem to be answered through this research is to determine how the process of merasi in determinig kafaah conducted by Malay community in Bagan Batu, what is the purpose of this tradition and how the views of Islamic law against the tradition. The purpose of this study: 1). To know the procedures of merasi tradition 2). To find out the purpose of merasi in determining kafaah 3). To find out the views of the Islamic law in the determination of kafaah through merasi process undertaken by the community of Bagan Batu , Bagan Sinembah ,Riau Province. The research is a field research that is descriptive qualitative. In the collection of necessary data, the author uses interview and observation techniques. While in the data analysis techniques, used qualitative method that describe the situation on the ground systematically. The results of this research is merasi tradition that conducted by people in Bagan Batu by combining both the name of the bride, and the progenitor will predict the state of their household after marriage. The way of this merasi may vary according to the progenitor who will perform it. Whereas the purpose of this merasi to reduce the disadvantages and for the achievement of the benefit in marriage. Merasi tradition in determining kafaah that happened inBagan Batu may be accepted and enforced. Because, during the process nothing contrary to Islamic law, also aimed to benefit of the people. In fact, before merasi the progenitor will ask the religious understanding of the bride, and it is also used as a basic foundation for determining the kafaah between the couple.</em> Kafaah bertujuan untuk menciptakan keserasian dan keseimbangan dalam perkawinan. Kriteria kafaah dalam fiqih menurut jumhur ulama ialah nasab, kekayaan, kecantikan, diyanah, hirfah, dan kemerdekaan diri. Permasalahan yang terjadi adalah saat menentukan kafaah, di Kel. Bagan Batu, para masyarakat Melayu mempunyai proses atau cara tersendiri dalam menentukan kafaah, mereka melaksanakan tradisimerasi untuk memastikan keserasian antara anak mereka yang akan melaksanakan perkawinan. Masalah penelitian ini adalah bagaimana proses merasi dalam menentukan kafaah yang dilakukan masyarakat Melayu di Kel. Bagan Batu, apa tujuan dari tradisimerasi dan bagaimana pandangan hukum Islam terhadap tradisimerasi tersebut. Riau. proses merasi yang dilakukan masyarakat Bagan Batu yaitu dengan cara menggabungkan kedua nama calon mempelai, dan datuk yang bersangkutan akan meramal keadaan rumah tangga mereka setelah menikah. Cara merasi ini beragam metodenya sesuai dengan datuk yang akan mem-faal. Sedangkantujuan dari merasi ini untuk mengurangi kemudharatan dan demi tercapainya kemaslahatan dalam pernikahan. Tradisimerasi dalam penentuan kafaah yang terjadi di Kel. Bagan Batu ini boleh diterima dan diberlakukan. Karena, selama proses merasi tidak ada hal yang bertentangan dengan hukum Islam yang juga menginginkan kemaslahatan umat. Bahkan, sebelum merasi para datuk akan menanyakan pemahaman agama para calon pengantin, dan hal ini juga dijadikan sebai landasan dasar dalam menentukan kafaah antara pasangan tersebut.

scholarly journals PANDANGAN HUKUM ISLAM TERHADAP ADAT TOPO SALIA DI DESA MANINILI BARAT KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG

2020 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nizrah Nizrah ◽  
Nasaruddin Nasaruddin ◽  
Hamiyuddin Hamiyuddin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Mutual Cooperation ◽  
Data Collection Technique ◽  
The Village ◽  
Islamic Values

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.

scholarly journals Theft Prevention With Rahat as an Effort to Protect Property in Pasaman, West Sumatera, Indonesia

2020 ◽  
Vol 8 (2) ◽  
pp. 431
Author(s):  
Salma Salma ◽  
Jarudin Jarudin
Keyword(s):  
Data Reduction ◽  
Islamic Law ◽  
Field Research ◽  
Boarding School ◽  
Qualitative Approach ◽  
The People ◽  
Hand Amputation ◽  
Severe Punishment ◽  
Depth Interviews

This article aims to explore about rahat as an effort to protect property in Pasaman, West Sumatera, Indonesia. Stealing was a criminal act which threatened the perpetrator with severe punishment, imprisonment in Indonesia or hand-amputation in Islamic law. The punishment was not only to deter and punish the perpetrator but also to educate society not to make the same mistake. However, when the national and religious laws did not function efficiently, the people in Pasaman, West Sumatera, Indonesia protected their properties with rahat, the magical fence consisting of tayyibah (noble words) which prepared by the leader of Islamic traditional boarding school (pesantren). When a thief broke the fence, he may forget his initial intention to steal, feel being locked, or even sickened in to an unrecoverable illness. Rahat and its effects were announced in public, delivered mouth to mouth, and obeyed by the community. As the result, the people were prevented from taking other people’s possessions; the treasures of society were also well preserved. The type of the study was field research with a qualitative approach. The data was gathered by observation, in-depth interviews, and documentation study. The analysis was done descriptively by data reduction, display, and verification (drawing conclusion).<br /><br />

scholarly journals The Modus of Beggars in Lampung Urban Area : An Islamic Law Perspective

2020 ◽  
Vol 17 (1) ◽  
pp. 166
Author(s):  
Khoirul Abror ◽  
Suhairi Suhairi ◽  
A. Kumedi Ja'far
Keyword(s):  
Urban Areas ◽  
Home Visit ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Elderly Parents ◽  
The Government ◽  
The City ◽  
Depth Interviews ◽  
Main Factor

The poor and underprivileged are people who must be considered by the Government, but the reality at this time is that there are many poor and underprivileged people who become professions in the city of Bandar Lampung and Metro City, so it is necessary to review the existence and factors that influence it. This review is a field research (field research) conducted in Bandar Lampung City and Metro City; by describing data obtained through observation, in-depth interviews; the method used in analyzing is qualitative analysis presented descriptively; the aim is to find factors that drive the existence of beggars in urban areas, and the mode used by urban beggars. The existence of beggars in the city of Bandar Lampung and the city of Metro both at the intersection of red lights and in the mall yard, the courtyard of the mosque and the home visit is a mode to get easy income, the main factor that drives the existence of beggars in the city of Bandar Lampung and Metro City due to income that is not fulfilling the necessities of life, the attractiveness factor of work that is easy, practical, influenced by the sympathies of potential benefactors, and relatively large income; various modes undertaken by beggars to attract the sympathy of the community, including bringing children who are still toddlers, pretending to be blind and lame, employing elderly parents (elderly), dressing all worn out, and pretending to smear that does not heal ; The existence of beggars in the city of Bandar Lampung and the city of Metro both at the intersection of red lights and in the mall yard, the courtyard of the mosque and the home visit is a mode to get easy income, the main factor that drives the existence of beggars in the city of Bandar Lampung and Metro City due to income that is not fulfilling the necessities of life, the attractiveness factor of work that is easy, practical, influenced by the sympathies of potential benefactors, and relatively large income; various modes undertaken by beggars to attract the sympathy of the community, including bringing children who are still toddlers, pretending to be blind and lame, employing elderly parents (elderly), dressing all worn out, and pretending to smear that does not heal.

scholarly journals THE PROBLEM OF DISTRIBUTION OF INHERITANCE: A CASE STUDY ON THE MALAY COMMUNITY OF SAMBAS KALIMANTAN BARAT IN INDONESIA

2020 ◽  
Vol 28 (3) ◽  
pp. 343-358
Author(s):  
Asman Asman
Keyword(s):  
Gender Equality ◽  
Distribution System ◽  
Islamic Law ◽  
Field Research ◽  
Phenomenological Method ◽  
Equal Distribution ◽  
Men And Women ◽  
Male And Female ◽  
The People

This study is about the provisions of the Qur’ān on inheritance that regulates the rights of the heirs with justice, especially towards women who did not have such right before the advent of Islam. Currently, the people of Malay Sambas distribute inheritance against the provisions of the Qur’ān which allots double shares to the male except in case of the parents. In the Sambas Malay community, men and women inherit equal shares contrary to the provisions in the Qur’ān as stated in the verse of al-Nisā’ 4: 11, 12, and 176. This research is a field research with a phenomenological method by looking at gender equality and feminism in the distribution of inheritance among the Malay Sambas community. The focus of this research is guided by the Islamic law position on the Malay Sambas equal distribution system of inheritance between men and women. This research finds that the Malay Sambas system of inheritance is contrary to the Shariah because there is still equal distribution of inheritance to male and female beneficiaries.

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