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Showing 45 articles found for "Marriage"

IJTIHAD AHMAD MUSTHAFA AL-MARAGHI IN INTERPRETING LEGAL VERSES IN AL-MARAGHI'S TAFFSIR

Ansori, Zakaria, Saleh, Ahmad Syukri, Harun, Hermanto
Abstract: The Qur'an, as the primary source of Islamic teachings, contains legal verses that require in-depth interpretation for proper application, one notable example being Tafsir al-Maraghi by Ahmad Musthafa al-Maraghi, a contemporary… mporary Egyptian scholar known for his moderate stance and independence from madhhab fanaticism. This study aims to reveal al-Maraghi's typology of ijtihad in interpreting legal verses, identify the legal products he produced, and examine his responses to contemporary legal issues. The research employs a library research method with a descriptive-analytical approach and fiqhi tafsir framework, using Tafsir al-Maraghi as the primary source alongside various ahkam tafsir and fiqh works as secondary sources, analyzed through content analysis and comparative reasoning. The findings show that al-Maraghi developed an integrative ijtihad model combining five typologies, namely bayani, tarjihi, maqashidi, istislahi, and tajdidi, with maqashid al-shari'ah orientation as the most dominant character, spanning worship, marriage, inheritance-testament, transactions, politics, and criminal law. The study concludes that this ijtihad pattern produces moderate, contextual legal interpretations relevant to the development of contemporary Islamic law in Indonesia. Further research is recommended to apply a systematic contemporary maqashid approach.

AN ANALYSIS OF THE ISLAMIC LEGAL MAXIM ADH-DHARARU YUZAL REGARDING MARITAL RAPE

Firdaus, Muhammad Rizal, Zahra, Syifa Fedira Az, Dari, Maieva Wulan, Nugroho, Budi Setyo, Famelia, Zella
Abstract: This article examines the review of the adh-dhararu yuzal fiqh rule on marital rape (marital rape). This is a real threat to victims of marital rape, especially women. Unfortunately, the majority of the general public often… ten views it as a wife's obligation to fulfill her husband's lust. This article aims to provide insight and in-depth understanding of marital rapem and invite the public to understand marital rape in the adh-dhararu yuzal review that it is contrary to Islamic law and the rules of fiqh. This article uses library research methods as well as a qualitative research approach and qualitative descriptive data collection through observations, documentation and descriptive analysis. The results of the study clarify the adh-dhararu yuzalu fiqh rule which emphasizes that evil must be eliminated, provides a basis for respecting women's rights in marriage and responding to rape as a violation that must be stopped.

CRITICISM OF INTERFAITH MARRIAGE IN RELIGIOUS MODERATION

Syafi'i, M. Imam, Ariyadi, Samsul, Huda, Ade Naelul
Abstract: This article examines criticism of the practice of interfaith marriage in the framework of religious moderation in Indonesia over the past fifteen years. Through a qualitative approach with a structured literature study,… this study evaluates the dynamics of interfaith marriage criticism and its impact on religious moderation practices in society. Data was collected from journals and books published between 2018 and 2023 that discussed the theory of religious moderation and the dynamics of interfaith marriage. The results of the analysis show that criticism of interfaith marriage, while potentially hindering tolerance, also triggers negotiations of religious identity and renewal of the value of moderation. These findings reveal a new understanding that criticism, when articulated in a balanced and objective manner, can encourage the enhancement of intercommunal dialogue and the affirmation of the values of religious moderation. The implications of this research are important in the development of inclusive public policy and religious practices, and are expected to serve as a basis for further research and decision-making in the fields of religious moderation and socio-religious studies.

PERAN INTENSITAS KOMUNIKASI TERHADAP KOMITMEN PERNIKAHAN PADA PASANGAN MUSLIM LONG DISTANCE MARRIAGE

Jalal, Novita Maulidya
Abstract: Long distance marriage, commonly known as long distance marriage, is a type of relationship where married couples live geographically apart, often in different cities, countries, or even continents. This study aims to determine… termine whether there is a role of communication intensity on marital commitment among moeslem couples in long distance marriages. This research employs a quantitative method with communication intensity as the independent variable and marital commitment as the dependent variable. The subjects of this study are 30 individuals experiencing long distance marriage. Data were collected using Likert scales, specifically the communication intensity scale and the marital commitment scale. The obtained data were analyzed using simple regression techniques. The results of this study indicate a significant relationship between marital commitment and communication intensity. The implications of this research can help couples in long distance marriages prioritize communication and strengthen their commitment to marriage despite being geographically separated

INTERFAITH MARRIAGE IN ISLAMIC FAMILY LAW: THE PERSPECTIVE OF CLASSICAL FIQH AND THE COMPILATION OF ISLAMIC LAW

Nurmalinda, Sri, Firmansyah, Heri
Abstract: Interfaith marriage is a classic yet ever-relevant issue in Islamic family law. This study aims to examine the legal status of interfaith marriage in Islamic family law through classical and contemporary fiqh perspectives,… s, as well as its arrangement in the Compilation of Islamic Law (KHI) in Indonesia. The method used is normative legal research with statutory and conceptual approaches, referring to authoritative classical tafsir and fiqh works such as Jami' al-Bayan by al-Tabari, al-Jami' li Ahkam al-Qur'an by al-Qurtubi, Tafsir Ibn Kathir, al-Umm by Imam al-Shafi'i, and al-Mughni by Ibn Qudamah, as well as contemporary works such as Fiqh al-Sunnah by Sayyid Sabiq and the works of Wahbah al-Zuhaili and Yusuf al-Qaradawi. The findings indicate that classical jurists unanimously prohibit the marriage of a Muslim woman to a non-Muslim man and the marriage of a Muslim man to a polytheist (mushrik) woman, but differ regarding the marriage of a Muslim man to a woman of the People of the Book (Ahl al-Kitab). Meanwhile, the KHI takes a stricter stance by prohibiting all forms of interfaith marriage, in line with the principle of preventing harm (sadd al-dhari'ah) and the MUI Fatwa of 2005. This study concludes that the KHI represents a contextualization of fiqh adapted to the conditions of Indonesian society.

ADMINISTRATION OF FASAKH JUDGMENTS IN THE DISSOLUTION OF MUSLIM MARRIAGES IN INDONESIA AND MALAYSIA: A COMPARATIVE STUDY OF LEGAL BASES, REGISTRATION PROCEDURES, AND THE ISSUANCE OF DIVORCE DOCUMENTS

Saputra, Deris Arista, Hussin, Zul-kifli
Abstract: This study aims to analyse the administration of fasakh judgments in the dissolution of Muslim marriages in Indonesia and Malaysia, with specific attention to the legal bases, registration procedures, and issuance of divorce… orce documents. This issue is significant because the dissolution of marriage does not end with a court judgment. It continues through administrative registration, which determines the legal status of the parties after divorce. This study adopts a qualitative approach with a documentation-based comparative case study design. Data were collected through an examination of statutory regulations, judicial technical guidelines, official service procedures, institutional documents, and administrative information applicable to the Religious Courts in Indonesia, as well as the Syariah Courts and State Islamic Religious Departments in Malaysia. This study does not involve interviews or participants because its focus is directed toward the objective mapping of applicable administrative procedures. The data were analysed using a comparative thematic approach by grouping the findings into three main themes: the legal basis of judicial authority, post-judgment registration procedures, and the forms of divorce documents issued. The findings show that Indonesia integrates the issuance of divorce certificates into the administration of the Religious Courts, whereas Malaysia places the issuance of Islamic divorce certificates within the institutional relationship between the Syariah Courts and the State Islamic Religious Departments. These findings affirm that fasakh is not merely a juristic concept or a ground for marital dissolution, but also forms part of the legal documentation system of Islamic family law. This study contributes to the development of comparative Islamic family law scholarship and provides a basis for mapping Muslim divorce administration policies in both countries.

THE PHENOMENON OF SIRI MARRIAGE AND ITS IMPLICATIONS FOR ISLAMIC FAMILY LAW

Sawaluddin Siregar, Indra Sakti, Iqbal Pinayungan Munthe, Putra Halomoan Hasibuan, Purnama Hidayah Harahap
Abstract: From an Islamic perspective, marriage is not merely a civil matter, nor merely a family or cultural matter, but also relates to religious issues and events, as it is conducted to fulfill the provisions of Allah SWT and the… he Prophet Muhammad (peace be upon him). A siri marriage is a marriage conducted without official state registration, thus having significant legal implications for women and children. While religiously, this marriage is considered valid, from a state legal perspective, unregistered marriages result in women losing their rights as wives, such as the right to maintenance, inheritance rights, and legal protection within the household. Furthermore, women in siri marriages lack a strong legal basis to file for divorce or assert their rights in court. Meanwhile, children born from siri marriages have only a civil relationship with their mothers, thus facing obstacles in obtaining birth certificates listing the father's name, inheritance rights, and rights to care and education from the father. Siri marriages are also often used as a way to freely practice polygamy without following proper procedures.

THE ACTIVITY OF THROWING SPOKES AS PART OF THE DOWRY GIVING TRADITION IN THE SIPIROK COMMUNITY'S CUSTOMARY MARRIAGE SYSTEM

Hadiani Fitri
Abstract: Traditional marriage traditions are an important manifestation of maintaining the sustainability of local social and cultural values. One traditional practice still maintained by the Sipirok community is the mengumpar ruji… ji activity as part of the dowry giving process. This activity is not only ceremonial, but also contains social, symbolic, and normative meanings that function as a mechanism for binding relationships between families. This study aims to analyze the meaning, function, and position of the mengumpar ruji activity in the Sipirok community's traditional marriage system. The research method used is qualitative with a descriptive-analytical approach, through literature review and normative analysis of traditional practices. The results show that mengumpar ruji is a symbol of sincerity, responsibility, and social recognition from the man towards the woman and her family. This tradition also functions as an instrument of social legitimacy in Sipirok traditional marriage. Thus, mengumpar ruji has a strategic role in maintaining social harmony and the sustainability of customary law amidst the social changes of modern society.

THE SOCIAL FUNCTION OF TRADITIONAL POETRY OF BINI PULAU ROTE IN THE MAINTENANCE OF THE SOCIO-CULTURAL IDENTITY OF LOCAL COMMUNITIES

Yeheskial A Roen, Jeni M. Ataupah, Jacklin S. Manafe
Abstract: This study aims to analyze the social function of bini traditional poetry in the maintenance of the socio-cultural identity of local communities in Londalusi, East Rote District, Rote-Ndao Regency. The focus of the research… rch is directed at the identification of the educational, normative, symbolic, integrative, and communicative functions of oral traditions related to the life cycle of society, including birth, marriage, and death. This study uses a qualitative approach with ethnographic-descriptive design. Data was collected through in-depth interviews and documentation of traditional narratives submitted by two key informants, namely traditional speakers (manehelo) and local traditional leaders. Data analysis was carried out thematically to map the social function of traditional narratives in the context of people's social lives. The results of the study show that traditional narratives and traditional bini poetry play an important role as a medium for inheriting traditional values, collective memory, local cosmology, and inter-generational social ethics. This oral tradition functions as a means of informal education, a regulator of social norms, a symbol of representation of the Rote people's worldview, a strengthening of social cohesion, and a cultural communication medium that maintains the continuity of the socio-cultural identity of the local community. This research confirms that the oral tradition of bini is not just an aesthetic expression, but a living and adaptive socio-cultural system. These findings contribute to strengthening the study of oral literature and cultural anthropology, especially in the context of Indonesian archipelago communities.

THE RELATIONSHIP BETWEEN MOTHER'S CHARACTERISTICS AND FAMILY INCOME WITH THE INCIDENT OF STUNTING IN CHILDREN IN PESISIR SELATAN REGENCY

Putri Nelly Syofiah, Gina Muthia, Eka Putri Primasari, Alwiyah Rahmi, Lulu Shabina Suyitno, Safira Sucia Nurjanah, Savira Salsabila
Abstract: Stunting remains a major public health issue in Pesisir Selatan Regency, where the prevalence reached 29.8% in 2023, affecting children’s physical growth and cognitive development. This study aimed to analyze the association… iation between maternal characteristics (parity, maternal age during pregnancy, age at marriage, birth spacing, education level, occupation, and exclusive breastfeeding) and family income with stunting among children under five. A cross-sectional design was employed involving 30 mothers of young children selected from the working area of Kayu Gadang Public Health Center. Data were collected using structured questionnaires and anthropometric measurements, and analyzed using the Chi-Square test.The results showed that 66.7% of the children were stunted. Maternal characteristics—including parity, maternal age during pregnancy, age at marriage, birth spacing, educational level, and occupation—were not significantly associated with stunting (p>0.05). Significant associations were found between exclusive breastfeeding (p=0.019) and family income (p=0.026) with stunting. Children from families earning below the regional minimum wage and those not exclusively breastfed were more likely to be stunted.In conclusion, exclusive breastfeeding and family income are significant predictors of stunting. Therefore, interventions should emphasize improving exclusive breastfeeding practices and strengthening economic support for at-risk families. These findings are expected to guide evidence-based stunting prevention strategies in Pesisir Selatan Regency.