Al-Risalah Jurnal Ilmu Syariah dan Hukum

TRADITION OR RELIGION? UNPACKING FEMALE CIRCUMCISION IN BUGIS-MAKASSAR CULTURE AND ISLAMIC LAW

Amrah Kasim — 2024-05-31

This study focused on female circumcision as a sacred practice among the Bugis-Makassar community, intertwined with various cultural and religious beliefs. It drew attention from both Islamic law and Bugis-Makassar cultural perspectives. The objective was to explore scholars' views on female circumcision and its connection to Bugis-Makassar culture through a qualitative descriptive approach. Data collection methods included observation, interviews, and documentation. The findings indicated that within the context of Islamic law, female circumcision can be interpreted based on hadith and Sunnah, with varying opinions among Islamic scholars regarding its status as obligatory, recommended, or permissible, while some even oppose it. Despite these differing views, in communities like Bugis-Makassar, female circumcision is seen as an important cultural and traditional heritage. This practice was often accompanied by traditional ceremonies and religious rituals involving family and community. However, there were varied approaches to female circumcision within the Bugis-Makassar society, where some maintain this tradition with pride.

UNLAWFUL ACTS AND LAND DISPUTES: UNDERSTANDING OWNERSHIP RIGHTS IN INDONESIA

Rizki Haidir — 2024-05-31

Indonesia, an archipelagic nation with a tropical climate, fertile soil, and abundant natural resources, primarily supports its population through agriculture. Most people make their living as farmers, heavily reliant on the land. Because of its importance, there is a constant effort to own and control land. Land represents the earth's surface and is often defined by property boundaries. Its significance necessitates state regulations for land rights control. This study uses a normative and empirical juridical approach, collecting data through library research, observations, and interviews, followed by qualitative analysis. The findings reveal that land grabbing occurs mainly due to the absence of a Certificate of Ownership (SHM), with transactions based solely on a sale and purchase certificate lacking a receipt. Factors contributing to land grabbing include landowners' lack of awareness about their assets, victims' unawareness of land ownership, family members selling or giving away land without the victims' knowledge, and rising land prices driving people to seek land for farming. In case number 1/Pdt.G/2023/PN Mgl, the judge accepted the Plaintiff's lawsuit against the Defendant for unlawful acts. The trial demonstrated that the Defendant could not prove his claim of purchasing land from Helmi Majid. The Defendant failed to provide documentary evidence, and witness statements did not support his argument. After careful examination of the actions, events, evidence, and legal facts, the Panel of Judges found the Defendant had clearly violated Article 1365 of the Civil Code regarding Unlawful Acts. Consequently, the Panel of Judges rejected all of the Defendant's objections and granted part of the Plaintiff's claim.

ELECTORAL INTEGRITY AT STAKE? ISLAMIC LAW AND INDONESIAN LEGISLATION ON VOTE TRADING

Najwa Khalilah Harahap — 2024-05-31

This study aims to analyse the comparison of buying and selling voting rights in general elections from the perspective of Islamic law and Indonesian national law. The buying and selling of voting rights is an act that involves the exchange of voting rights for a certain reward, which is often considered a form of ethical and legal violation. In the context of Islamic law, this practice is viewed through the principles of sharia that emphasise justice, benefit, and the prohibition against buying and selling that contains elements of usury and gharar. Meanwhile, in the perspective of Indonesian national law, the buying and selling of voting rights is regulated by the law governing general elections, which confirms that the practice is illegal and subject to criminal sanctions. This study uses a qualitative method with a descriptive-analytical approach to outline the views of the two legal systems on the buying and selling of voting rights. The results show that in both Islamic law and Indonesian national law, the buying and selling of voting rights is viewed as illegitimate and violates the principles of justice. This research provides recommendations for increasing public understanding and awareness of the importance of maintaining the integrity of voting rights in general elections as well as stricter law enforcement to prevent the practice of buying and selling voting rights.

CHILD LINEAGE DETERMINATION IN UNDERAGE MARRIAGES: A PROGRESSIVE JUDICIAL PERSPECTIVE

Rezki Amaliah Syafruddin — 2024-05-31

This research examines the legal and sociological dynamics in the determination of a child's lineage within the framework of Indonesian law, particularly focusing on cases that deviate from established regulations. Specifically, the study analyzes Decision No. 90/Pdt.P/2023/PA.Pare, where a child born from an unregistered marriage was declared legitimate despite the non-fulfillment of age requirements by one of the parents. The research employs a normative juridical approach through library research, utilizing document studies to gather relevant legal and sociological data. This method facilitates a comprehensive analysis of the legal reasoning applied in the case, with a focus on how the judge arrived at the decision to grant the petition for child legitimacy. The findings indicate that the judge's legal discovery method in this case was conducted on a case-by-case basis, taking into account both juridical and sociological factors. The decision reflects a progressive legal approach, where the judge prioritized the broader implications of justice and social welfare over strict adherence to legal formalities. This study contributes to the understanding of how progressive legal thought can influence judicial decisions in cases involving deviations from standard legal provisions. It offers a unique analysis of how judges may interpret the law flexibly to achieve just outcomes in complex family law cases. The research highlights the potential for progressive legal reasoning to shape future judicial practices in Indonesia, particularly in cases involving the legitimacy of children born from unregistered marriages. It suggests that such approaches could lead to more equitable outcomes in family law, aligning legal decisions with contemporary social realities.

KHULU' AND THE CONTROVERSY IN ISLAMIC LEGAL THOUGHT: THE DIVERGING PERSPECTIVES OF IMAM BAKR AL-MUZANI AND IMAM AL-SYAFI'I ON SERIOUSLY ILL WOMEN

Rahmad Riyansah Botutihe — 2024-05-31

This research aims to explore the differing opinions of Imam Bakr Al-Muzani and Imam al-Syafi'i concerning the permissibility of khulu'—a form of divorce initiated by the wife—particularly in cases where the woman is seriously ill. Given the recent viral phenomenon of khulu' leading to marital dissolution, this study seeks to provide a nuanced understanding of these classical Islamic juristic perspectives. A qualitative research design with a comparative approach was employed to investigate the subject matter. Data sources were obtained through observation, documentation, and an extensive literature review. The collected data were analyzed in a systematic manner involving selection, presentation, and conclusion-drawing phases to ensure the robustness of the findings. The findings revealed a significant divergence in the opinions of the two scholars. Imam Bakr al-Muzani opposed the majority scholarly view that considered the verse related to khulu' to be abrogated (mansukhah). Conversely, Imam al-Syafi'i maintained that khulu', including cases where the woman is seriously ill, is permissible. This difference underscores the broader debate within Islamic jurisprudence regarding the application of khulu' in contemporary contexts. This study contributes to the existing body of knowledge by highlighting the relatively underexplored opinions of Imam Bakr al-Muzani on the issue of khulu'. It also provides a comparative analysis with the more commonly referenced views of Imam al-Syafi'i, thereby enriching the discourse on women's rights in Islamic law, particularly in situations of severe illness. The research suggests that, based on the strongest opinion, women who are seriously ill may be permitted to perform khulu'. This finding has significant implications for contemporary Islamic legal practice, particularly in providing relief and legal options to women in dire health conditions seeking marital dissolution.

EMERGING TRENDS IN MARRIED BY ACCIDENT (MBA) MARRIAGES: THE ROLE OF RELIGIOUS COUNSELING INVOLVEMENT IN KUALUH LEIDONG

Intan Kumala Sari — 2024-05-31

This research paper investigates the phenomenon of Married By Accident (MBA) marriages in Kualuh Leidong, focusing on the contributing factors and the effectiveness of religious counseling in addressing this issue. The study aims to understand the social, economic, and familial dynamics leading to MBA marriages and the role of religious and community interventions in mitigating these occurrences. Utilizing a qualitative research approach, this study employs interviews with key informants, including religious counselors and local residents, alongside a review of relevant literature and socio-economic data. The data were collected through in-depth interviews and field observations in Kualuh Leidong, analyzed thematically to identify patterns and insights related to MBA marriages. The findings reveal that MBA marriages in Kualuh Leidong are influenced by a combination of internal and external factors. Internal factors include a lack of religious understanding and weak self-control, while external factors involve inadequate parental supervision, economic hardship, and social media's impact. The study also highlights the increasing trend of MBA marriages in 2024, attributed to insufficient religious counseling and the role of socio-economic challenges. This research provides a novel exploration of MBA marriages in a specific regional context, highlighting the intersection of religious, economic, and social factors. It offers new insights into the effectiveness of religious counseling in preventing MBA marriages and the impact of socio-economic conditions on family dynamics. he study underscores the need for enhanced religious education and community support to address the root causes of MBA marriages. It suggests that more comprehensive and culturally sensitive counseling programs are necessary to prevent early marriages and address the issues related to pregnancies outside of wedlock. Policy recommendations include increasing parental involvement and improving economic support to reduce the incidence of MBA marriages.