scholarly journals Tinjauan Hukum Islam terhadap Adat Hogo Jako dalam Perkawinan di Tidore

2020 ◽  
pp. 13
Author(s):  
Ramdan Fawzi ◽  
Ilham Mujahid
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Knowing How ◽  
Before And After ◽  
Traditional Marriage

Abstract . Tidore adheres to ancient customs and traditions that were carried out by the ancestors of the Tidore tribe. In the celebration procession in marriage there is a sequence  that must be carried out by both the bride and groom, and the two bride and groom know. They believe if all the wedding processions both before and after are the norms that must be taken by each bride and groom in a traditional way. Seeing this, the author conducted a study with three main focus discussions to review the traditional marriage law in Tidore with Islamic law with the aim of first, knowing how to carry out marriages in Islamic law, secondly how to carry out marriages in customary law in Tidore, then how to review Islamic law on customary Hogo Jako in marriage at Tidore.Keywords: traditional tidore marriage,Islamic law Abstrak. Tidore menganut kepada adat dan tradisi zaman dahulu yang telah dilakukan oleh nenek moyang suku Tidore. Dalam prosesi hajatan dalam perkawinan terdapat runtutan yang harus dilakukan oleh kedua mempelai maupun kedua orang tau calon mempelai. Mereka percaya apabila semua prosesi pernikahan baik sebelum maupun sesudah merupakan norma yang harus ditempuh setiap pasangan mempelai secara adat, Melihat hal itu, maka penulis melakukan penelitian dengan tiga fokus pokok pembahasan guna untuk meninjau hukum adat perkawinan yang ada di Tidore dengan hukum Islam dengan tujuan yaitu pertama, mengetahui bagaimana pelaksanaan perkawinan dalam hukum Islam,kedua bagaimana pelaksanaan perkawinan dalam hukum adat di Tidore , kemudian bagaimana tinjauan hukum Islam terhadap adat Hogo Jako dalam perkawinan di Tidore.Kata Kunci: Perkawinan Adat Tidore ,Hukum Islam.

scholarly journals KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk
Keyword(s):  
Islamic Law ◽  
Indigenous Communities ◽  
Well Being ◽  
Customary Law ◽  
Marriage Law ◽  
Long Time ◽  
Definition Of ◽  
Husband And Wife

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  

scholarly journals THE SETTLEMENT OF DISPUTES REGARDING DIVISION OF JOINT PROPERTY AFTER A DIVORCE IN THE CENTRAL ACEH REGENCY

2021 ◽  
Vol 21 (2) ◽  
pp. 170
Author(s):  
Hazar Kusmayanti ◽  
Efa Laela Fakhriah ◽  
Bambang Daru Nugroho
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Settlement Of Disputes ◽  
Joint Property

This resarch reviews disputes revolving around the division of joint property after a divorce in the Central Aceh Regency using the methods; discussion with family, discussion by involving the customary institution Sarak Opat, and filing a claim to the Takengon Syar’iyah Tribunal. In general, division of joint property in the Central Aceh Regency is done by discussion through the customary institution Sarak Opat. The division of joint property after a divorce in the Central Aceh Regency that is done through discussion takes into account which household the child grew up in and how much money that household makes. Although this is not in accordance with the provisions of Indonesia’s Marriage Law and the Islamic Law Compilation, it may be in accordance with Article 37 of Indonesia’s Marriage Law and that this would not violate the rules within Islamic Law nor Customary Law, since in its core within Islamic Law and Customary Law there are specific rules regarding percentage of division of joint property following a divorce

scholarly journals Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 355
Author(s):  
Fauna Alwy
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Legal Case ◽  
The Subject ◽  
The Government ◽  
Islamic Marriage

The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulations

scholarly journals TINJAUAN HUKUM ISLAM TERHADAP PROSESI SESERAHAN DALAM PERNIKAHAN ADAT BETAWI

2019 ◽  
Vol 5 (2) ◽  
pp. 103-130
Author(s):  
Syarifudin Syarifudin ◽  
M.Mujib Qalyubi ◽  
Irfan Hasanudin
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Research Methods ◽  
Islamic Law ◽  
Qualitative Research Methods ◽  
Customary Law ◽  
Model Data ◽  
Legal Research ◽  
Ethnographic Approach ◽  
Traditional Marriage

This study aims to find out how the procession of surrender in traditional Betawi marriage and how a review of Islamic law against it. Is there a proposition that prohibits / forbids it or is required. This research was conducted in the area of South Kedoya Village, Kebon Jeruk District, City. West Jakarta.This research is a legal research that uses qualitative research methods with an ethnographic approach and is descriptive in nature. In extracting information, researchers use observation and interview techniques. Researchers used the snowball technique so that the information obtained could go as far as possible into Betawi cultural customs. Researchers position themselves as research instruments themselves so that the information obtained can reach its roots. The data analysis used is the Miles and Huberman model data analysis, which is interactive and continues until the data is saturated. In this study, researchers found a philosophical, sociological and ideological foundation that was embedded in the culture of Betawi marriage customary marriage. Researchers also found the arguments underlying the implementation of these surrender activities. The evidence is sourced from the Qur'an, Hadith and Ijma 'and Qiyas of the scholars'. This research concludes that the culture of seserah in Betawi traditional marriage has a philosophical and ideological foundation that has been firmly embedded in the Betawi community in the South Kedoya region. So that this surrender event becomes mandatory for people who want to marry Betawi people. whereas according to Islamic law, basically customary law is mubah (allowed). But it can become mandatory

scholarly journals Implementasi Hukum Islam dalam Masyarakat Indonesia (Pendekatan Sosiologi Hukum)

2020 ◽  
Vol 1 (4) ◽  
pp. 725-739
Author(s):  
Andi Ariani Hidayat ◽  
Qadriani Arifuddin
Keyword(s):  
Islamic Law ◽  
Political Influence ◽  
Modern Society ◽  
The State ◽  
Customary Law ◽  
New Order ◽  
National Education ◽  
Sociological Approach ◽  
Before And After ◽  
Additional Reference

This study aims to determine how the application of Islamic law in Indonesia in the sociological review of law both before and after independence. This research is a type of library research using a philosophical and sociological approach. The results of this research show that: The development of Islamic law in Indonesia has started since before independence and after independence, namely the old order and Entering the new order era under President Soeharto the issuance of Law number 2 of 1989 concerning the national education system which strengthens religious lessons into compulsory lessons from elementary to college. Law No.7 of 1989 regarding religious courts, compilation of Islamic law, Pancasila Muslim charity foundation, construction of Hajj dormitories, special program madrasah aliyah, postgraduate programs at IAIN, Arabic broadcast on TVRI, the formation of religious organizations such as MUI, ICMI, IPHI etc. There are two problems that have a major impact on the application of Islamic law in Indonesia. First: because of the entry of Western law and because it intersects with customary law. Second: Due to political influence and community culture. In a sociological view, Islamic law is difficult to implement perfectly, because Islamic law is both in the area of ​​religion and in the territory of the state. This social problem causes a tug of war between religious principles and state principles. The solution to this tug of war is that in the public domain it is the responsibility of the state, while the individual area is given to religion. Judging from the sociological aspect, the material products of Islamic law in Indonesia must be able to accommodate the problems in dispute and how they are resolved in simple society and modern society. This research is expected to be an additional reference in knowing the application of Islamic law in Indonesia in the sociological review of law both before and after independence.

scholarly journals Konstruksi Hukum Adat Pernikahan Masyarakat Melayu Palembang Berdasarkan Syar’iat Islam

2019 ◽  
Vol 15 (1) ◽  
pp. 17-38
Author(s):  
Ahmad Fahmi
Keyword(s):  
Islamic Law ◽  
Implementation Process ◽  
The State ◽  
Customary Law ◽  
State Law ◽  
Interview Method ◽  
Before And After ◽  
Marriage Customs ◽  
And Behavior ◽  
Islamic Marriage

  Marriage is one of the tiers in the life of the society which called “stage a long the life cycle”. The purpose of this research is to obtain the informationa about: First, The Customs Procedures of Marriage for Melayu Palembang People; Second, Islamic Law in Marriage Customs for Melayu Palembang People; Third, The Customs Culture of Marriage for Melayu Palembang People; and Fourth, The Islamic Construction of Marriage Customs for Melayu Palembang People. This Research is using Qualitative Research Methods with Law Sociologist approachment and Islamic Idea, which is focused to the implementation process of marriage based on Islamic and Culture law with performance goals that have been set. The Research several Data was obtained by using interview method which was done to the object of respondent. The results of this research show : First, The customs procedures of marriage for Melayu Palembang people, in the implementation, are use Islamic law however there are some choreography by itself such as pre-marriage and after marriage. The culture of marriage for Melayu Palembang people, is divided into four phases: Cultural phase pre-marriage, Cultural phase implementation of marriage, Cultural phase after marriage and pattern of settling after marriage. Second, Marriage Law in Islamic religious teachings with Matrial Law in the state law, in marriage ordinances of Melayu Palembang people in general can be said to have been aligned, in its implementation also in accordance with the rules and referral. Where as the references in the state law on marriage are Al Quran, Al Sunnah and Qaidah Fighiyah and Consesus of Muslims in Indonesia. Third, Contribution of customary law appears on before and after marriage where there are certain or dinances and there are certain ways to hold the marriage. The customary law of our country is the laws that suit the development of Islamic Society in Indonesia, customary marriage for Melayu Palembang people on its implementation is the application of Islamic Law Theory. Fourth, Construction of Islam in marriage maintained, that marriage has values that are preserved by Melayu Palembang people continuously. The value of faith in Islamic Marriage is a good act and behavior and can lead toward the marriage in the religion of Islam, namely to evoke marriage that enriches sakina, mawada, warahmah and barokah. The points contained in the religion of Islam contains the meaning and the bonding element that have a profund influence on customary marriage of Melayu Palembang people, because this bonds came from the power that comes from the Creator.

scholarly journals Unification of Marriage Law and Its Problems

2020 ◽  
Vol 12 (2) ◽  
pp. 421-432
Author(s):  
Syahrul Syahrul ◽  
Evie Syalviana
Keyword(s):  
Political Ideology ◽  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Cultural Products ◽  
Interfaith Marriage ◽  
Human Behaviors ◽  
Interfaith Marriages ◽  
Normative Rule

Abstrak Law is a normative rule that govern human behaviors. The development of law as rule is not stagnant in one situation. But, its grew out from the awareness of society that requires the existence of law. Therefore, law always adopts the values that grow in society like; customary law, traditions and religions law. The consequences of laws as social and cultural products, even products of political ideology, making law is always contextual with the reality of society. This article try to understand the unification of marriage law in Indonesia and the problems that arise in the unification process. Unification is process of unify the laws in sociey or unify the national law in society. The article finds that there are many problems arising from the unification of marriage law in Indonesia, especially those related to interfaith marriages. So, it is not surprising that there are so many products of the marriage law probide the interfaith marriage in Indonesia, especially if interfaith marriage involves woman and man Muslims. Keyword: Interfaith Marriage, National Law, Islamic Law Abstrak Hukum adalah aturan-aturan normatif yang mengatur pola perilaku manusia. Hukum tidak tumbuh di ruang yang vakum, melainkan tumbuh dari kesadaran masyarakat yang membutuhkan adanya suatu aturan bersama. Karena itu, hukum selalu mengadopsi nilai-nilai yang tumbuh dan berkembang dimasyarakat; nilai-nilai adat, tradisi dan agama. Konsekuensi hukum sebagai produk sosial dan kultural, bahkan juga produk politik yang bernuansa ideologi, menjadikan hukum selalu bersifat kontekstual. Tulisan ini berusaha untuk mengungkap tentang unifikasi hukum perkawinan di Indonesia dan problematika yang muncul pada proses unifikasi tersebut. Unifikasi merupakan penyatuan hukum yang berlaku secara nasional atau penyatuan pemberlakuan hukum secara nasional. Penulis menemukan adanya banyak persoalan yang muncul dari unifikasi hukum perkawinan di Indonesia, khususnya yang terkait dengan perkawinan beda agama. Maka, tidak heran jika begitu banyak produk undang-undang perkawinan yang menjadi penghalang terjadinya nikah beda agama di Indonesia, khususnya jika melibatkan orang Islam. Kata Kunci: Pernikahan Beda Agama, Hukum Nasional, Hukum Islam

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano

2009 ◽  
Vol 36 ◽  
pp. 17-52
Author(s):  
Philip Atsu Afeadie
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Customary Law ◽  
Religious Leader ◽  
Political Agent ◽  
Judicial Administration ◽  
Western Law ◽  
Political Agents ◽  
Productive Systems ◽  
Colonial Government

Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.

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