Islamic Law Perspective on the Use of Incense in Thanksgiving Events at the Balabe Customs in Kailinese Ethnic

The traditional Balabe or Nolabe in the thanksgiving event is an asset of cultural wealth in Central Sulawesi, Indonesia. The Balebe or Molabe custom is carried out every time there are celebratory activities such as weddings, mourning, childbirth and others. This study aims to provide knowledge and understanding of the process of using incense in the implementation of the Balabe custom and how to review Islamic law on the tradition. This study uses a qualitative approach, namely research procedures that produce descriptive data in the form of written or spoken words from people related to the people in Palupi, especially the Kaili tribe. The data collection techniques used in this research are observation, interview, and documentation techniques. Furthermore, after the data is collected, the data obtained needs to be analyzed in three stages that run in cycles: data reduction, data presentation, and drawing conclusions or verification. The results of this study indicate that basically, the major schools of jurisprudence agree to accept customs as the basis for the formation of law. However, in terms of numbers and details, there are differences of opinion between these schools, so that 'urf is included in the group of disputed arguments among scholars. The research implies that it is hoped that all leaders, the community and local government officials will maintain and preserve the bolabe tradition in order to survive even in the face of today's times.

Sociologies Perspectives on Unregistered Marriages in Muslim Socities

The study focuses on the practical concept of the unregistered marriage at the Marawola Sub-district. It seeks to understand factors that cause the practices and their sociological impacts. The study aims to recognize the practical concept of the unregistered marriage, factors affecting the practices, and their sociological impacts. 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 the Marawola Sub-district. The findings of the study show that there were a lot of people in the community under the authority of the Marawola Sub-district practiced unregistered marriages. They made mention that the reasons for their practices which were derived from their interviews were legal because they believed that the unregistered marriages have fulfilled terms and conditions for lawful marriages. They argued that a marriage registration is only for the legalization of the marriage. The reasons for the unregistered marriage practices covered many factors. First, it is due to the ignorance of the community in regards to procedures for a marriage registration at the Marawola Sub-district. Other reasons are related to administrative requirements for a marriage registration and marriages by accident due to pregnancies. In addition, unlawful actions of irresponsible individuals in the community who helped perpetrators to find a shortcut for the Unregistered Marriages could also cause the insurgence of the practices. These all brought sociological impacts in their society especially for wives and children where there is no legal protection for them. Hence, there was no recognition from formal law which then resulted in long-term social impacts and negative turmoil in the community.

Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife

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.

Polygamy from Quraish Shihab’s View in the Tafsir Al-Mishbah

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.

The Impact of Underage Marriages on Family Welfare

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.

The Role of Executors in Mariage Properties Sharing Based on Islamic Law

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.

Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement

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.

Gender Analysis of Marriage Guardians in the Compilation of Islamic Law

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.

Islamic Law Perspective on Settlement of Inheritance Disputes

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.

Pre-Marital Counseling Effectiveness In Building Happy Muslim Families

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.