Early Child Marriage: Customary Law, Support System, and Unwed Pregnancy in Gorontalo

The rate of underage marriage in Gorontalo is very high, even though religion, customs and state laws prohibit it. The results of the direct interviews conducted and the observations made indicate that poverty, low levels of education and matchmaking myths may have caused this increase. Furthermore, the increasingly high level of promiscuity and weakened socio-cultural ties have led to an increase in the number of extramarital pregnancies, and forced marriage is unavoidable to maintain the dignity of the community. It was discovered that most married couples do not wed legally until they have problems in their marriage and seek a divorce. Moreover, women must also be responsible for their life choices because this paper shows that poor service practices have caused underage women to be objectified by physical, social and symbolic violence. The unavailability of a support system from the government and society makes a partner rely on the kindness of his or her parents. Therefore, it was suggested that government intervention, in the form of prevention and support systems for underage married women, must be integrated with the role of the community and religious leaders.

Reinterpretation of the Rights and Duties of Contemporary Husbands and Wives

A concept of rights and obligations will work when there is a balance between the two. Malahat theory is an intra doctrinal reform for the realization of humane legal norms. However, in reality, this concept is not easy to implement. It is said that a woman is made as to the subordinate in the family and sometimes there is no justice for her. At this time, women not only play a role as housewives but also help earn money for the family. What becomes a problem is how to reinterpret the equitable distribution of household rights and obligations. This study aims to describe the rights and obligations of husband and wife by maintaining the values of justice. This research is library research that discusses the husband's income for his wife, who is also the breadwinner. The paradigm of the husband is the leader of the household, and the wife is the housewife is something that spurs Muslim feminists to reinterpret. It is because wives are no longer only responsible as housewives, but more than that, they also help make a living in the household. Then, the concepts of justice, equality, ukhuwah islamiyah and mu'asyarah bil ma'ruf must be prioritized for the benefit and the formation of a sakinah, mawaddah wa rahmah in a family. It needs to be reconsidered if we want to make it a new fiqhparadigm.

Imeum Mukim Advocacy in Prevention of Environmental Pollution in Aceh Jaya According to Customary and Islamic Law

This study aims to discuss the advocacy of imeum mukim in preventing environmental pollution in Aceh Jaya according to customary and Islamic law. The research is an empirical legal study, while the research approach is a case study approach, which is a study that analyzes a particular case. The theory used is the role and authority theory associated with customary and Islamic law. This study concludes that imeum mukim has a vital role and authority in Acehnese society because imuem mukim can resolve cases at the mukim level if it is unresolved at the village level. Then Imeum Mukim in Aceh Jaya has been advocating and socializing the prevention of environmental pollution by revitalizing customary rules, making qanuns at the mukim and village levels that accommodate the protection of the environment, for example, maintaining watersheds and prohibiting logging, including protecting certain animals. In addition, Imuem Mukim can also encourage CSR funds from companies to assist orphans, the poor, and environmental conservation. Furthermore, environmental pollution in the perspective of customary law is accommodated in customary rules and prohibitions. This is because customary law has philosophical, juridical, and sociological powers that have become living law. Meanwhile, in the perspective of the Islamic law that polluting the environment is a prohibition that brings God's wrath, it also destroys environmental sustainability and human benefit in general. On the other hand, preserving the environment is an obligation humans must carry out.

The Implications of Understanding Contextual Hadith on Religious Radicalism (Case Study of Darus-Sunnah International Institute for Hadith Sciences)

In hadith studies, many conclusions state that textual reasoning towards hadith is the main cause of intolerance and radicalism. This makes some scholars such as Yusuf al-Qardhawi and Ali Mustafa Yakub offer a more complex understanding of hadith involving asbab wurud al-hadith, al-wahdah al-maudhu'iyyah fi al-hadith, ikhtilaf al-ahadith and so on. Hadith reasoning like this is considered by some as a contextualization of hadith that will prevent someone from religious radicalism. This study wants to answer the question, to what extent does contextual reasoning in hadith prevent a person from religious radicalism? Researchers will examine the formulation of contextual hadith reasoning initiated by Ali Mustafa Yaqub in al-Thuruq al-Shahihah fi Fahm al-Sunnah al-Nabawiyyah and standards of religious radicalism initiated by LIPI in the Strategy for Anticipating Radicalism and Religious Intolerance in Indonesia. Each will be used as an independent variable and dependent variable. This research is mixed research with the type of field research. The data processing technique used is a simple regression test using the SPSS 20 program. The research object of this study is the Mahasantri Darus-Sunnah International Institute for Hadith Sciences with a total of 32 people. While the sampling system in this study is a random sample. The results of this study indicate that contextual hadith reasoning has a sig. 0.008 which is less than 0.05 so it is said to have a significant effect between contextual hadith reasoning on religious radicalism. The magnitude of the influence of this hadith reasoning itself is 21.2%. The direction of the effect is negative with a magnitude of -.643 at a constant of 69.792. This means that there is a negative relationship between contextual hadith reasoning and religious radicalism. The more contextual a person's understanding of hadith is, the further away he is from radicalism.

Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines.

Legal Policy of Child Marriage In the Covid-19 Pandemic Period

The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.

The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.

Analysis of The Emergency Reasons in The Application of Marriage Dispensation at The Tenggarong Religious Court

The increase of the minimum marriage age is intended to reduce the number of child marriages. However, Article 7 section (2) of the marriage law revision states that marriage dispensation can be requested for emergency reasons if a deviation takes place. Consequently, marriage dispensations in various regions have drastically increased after the revision. Hence, judges’ active role is needed to adjudicate this case, including classifying the criteria of emergency reasons and judges’ considerations to grant the application of marriage dispensation. This study was normative and empirical legal research, and collected data through documentation and library study. The data source was secondary data in the form of primary legal materials, including Law no. 1 of 1974 concerning marriage, Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974, the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases and Granting Marriage Dispensation, and secondary legal materials including scientific journals and articles. The study approach was a study case, and the data were analyzed by descriptive analysis. This study found that “emergency reasons” as judges’ consideration in deciding a marriage dispensation at the Tenggarong Religious Court as were: (1) having been in a long period of relationship; (2) an unexpected pregnancy, (3) often going to a date, and (4) living in the same house as the prospective husband.

The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017

The Governor of DKI Jakarta regulates that any prospective bride and groom who intend to get married shall follow guidance and health checks. This policy is a condition for the implementation of marriage. The health checks carried out are not only Tetanus Toxoid vaccination, but also other health tests. If necessary, the doctor can provide a referral for further examination of medically found indications. The prospective bride and groom will then receive a marriage-worthy certificate. This certificate is one of the requirements to obtain the N1 form. This policy is significant leap taken by the Governor of DKI Jakarta. This present study concerns with the perspective of progressive law on DKI Jakarta Governor Regulation No. 185 of 2017 in the context of the development of Islamic family law in Indonesia. The study utilized library research approach with the descriptive analysis method. The primary data included the DKI Jakarta Governor Regulation No. 185 of 2017, and the secondary data were related literature. This study used the progressive legal theory and the Islamic law approach. The analysis and conclusion drawing were done deductively. The study revealed that the DKI Jakarta Governor Regulation No. 185 of 2017 is a progressive policy in preventing the transmission of infectious diseases among prospective brides and grooms, and in reducing maternal and infant mortality. This regulation shall bring goodness and benefit into domestic life, especially for the bridal couples and their descendants, as well as the society and nation. Further, the regulation shall give a positive impact on the development of marriage law in Indonesia.

Balinese Muslim Minority Rights in Education and Islamic Family Law

Islam came in peace to Bali in the 14th century, initiated by communities from Java, and followed by those from Bugis, Makassar, Lombok, and even Malays and Arabs. Muslims in Bali are a minority group, which only accounts for 10.08% of the total population of Bali. This study aims to examine the rights of the Balinese Muslim minority in education and Islamic family law. This study is empirical legal research that examines the law in relation to problems in society realistically, or a socio-legal study, using a phenomenological approach. Data collection techniques included interview, observation, and literature review. The respondents interviewed were selected purposively from the Regional Office of the Ministry of Religious Affairs, the Mosque Management, the Provincial Council of Ulema, and the local Muslim community. The findings reveal that the rights of Balinese Muslim minority in terms of education, both formal and informal, are displayed through strengthening the family resilience by building the spirit of Islam, carrying out children’s education in an Islamic way by promoting tolerance, and sending children to Islamiceducational institutions such as Taman Pendidikan Al-Qur' an (TPA), Raudhatul Atfhal (RA), pesantrens, and madrasas. Further, Islamic family law is implemented in matters of marriage, divorce, waqf, child guardianship, and joint property under the simple, fast, and low-cost principles carried out by the Office of Religious Affairs, Religious Counselors, and the Religious Courts in Denpasar. It seems that historical bonding is highly fundamental that allows the Muslims and the Balinese people in general to continue to live in harmony and peace to this day.