Al-Risalah Jurnal Ilmu Syariah dan Hukum

THE ROLE OF HATOBANGON IN WAQF LAND DISPUTE RESOLUTION: A SOLUTION FOR RURAL CUSTOMARY CONFLICT IN BANGUN PURBA

Abd Mutholib Nst, Abd Mukhsin — Sat, 28 Sep 2024 00:00:00 +0000

This article aims to explore the role of Hatobangon, a respected traditional figure, in resolving waqf land disputes in Bangun Purba village, Kecamatan Lembah Sorik Marapi, Kabupaten Mandailing Natal. Specifically, it examines the effectiveness of Hatobangon as a mediator within the customary dispute resolution system and identifies the factors influencing their success in maintaining community harmony. The study employs a qualitative approach, utilizing field observations, in-depth interviews with key stakeholders, including Hatobangon leaders and community members, and a review of relevant local regulations and customary practices. Data were analyzed through thematic analysis to uncover patterns in how Hatobangon handles waqf land disputes and the challenges encountered in the process. The findings indicate that Hatobangon plays a central role in mediating disputes by combining customary law and social considerations. However, the effectiveness of this mediation process is hampered by several factors, including inadequate facilities, limited resources, and a lack of public trust in the customary dispute resolution mechanism. Despite these challenges, Hatobangon remains a key figure in ensuring that the outcomes of disputes reflect local cultural values and preserve community cohesion. This study provides new insights into the rarely examined role of Hatobangon in resolving waqf land disputes, highlighting the intersection of customary law and Islamic principles in rural conflict resolution. It adds to the body of literature on indigenous dispute mechanisms by focusing on the unique socio-cultural dynamics of Bangun Purba village. The research suggests that enhancing the resources and capacity of Hatobangon could improve the efficiency of dispute resolution in rural areas. Furthermore, increased community education and formalization of the waqf land dispute mechanism could strengthen public trust in this customary system, promoting social harmony and sustainable land management practices.

THE TREND OF PEMALI PRACTICES IN PREVENTING MISFORTUNE IN MARRIAGE FROM MAQASHID SHARIAH PERSPECTIVE: A STUDY OF LUYO COMMUNITY BELIEFS

Noercholis Rafid. A — Fri, 11 Oct 2024 00:00:00 +0000

This research aims to examine the traditional beliefs surrounding pemali in marriage practices within the Luyo community. Specifically, it explores the community’s understanding of pemali, the reasons behind these beliefs, and how they function as preventive measures to avoid misfortune or failure in marriage. The study investigates the cultural significance of pemali and its enduring influence on contemporary marriage rituals. The study employs a qualitative approach, using ethnographic methods such as participant observation and in-depth interviews with key informants from the Luyo community. Data were collected through fieldwork and analyzed thematically to uncover the underlying motivations and meanings attached to pemali practices. The research also draws on a literature review of similar cultural practices in Indonesia to provide a comparative analysis. The findings reveal that the Luyo community views pemali as a set of prohibitions imposed on brides and grooms to prevent calamities such as accidents or other misfortunes. These beliefs are deeply rooted in empirical experiences, either from personal encounters or the collective memory of the community. The study also highlights that pemali is perceived as a spiritual safeguard, with marriage seen as a long and sacred journey that is vulnerable to the interference of evil forces. Therefore, pemali serves as a protective measure to ensure marital success. This research contributes to the understanding of the persistence of traditional beliefs in modern marriage practices, specifically in the context of pemali. While previous studies have explored cultural beliefs in other regions of Indonesia, this study offers a unique focus on the Luyo community's specific practices and the experiential basis for their adherence. It provides new insights into how traditional beliefs are maintained and transmitted through generations in a contemporary setting. The study has implications for understanding the intersection of cultural traditions and modern life, particularly in the context of marriage. It sheds light on how communities like Luyo continue to rely on traditional preventive measures in marriage, which could influence both social practices and future research on cultural preservation. Additionally, these findings may inform local policymakers and cultural practitioners about the importance of integrating respect for traditional beliefs with evolving social norms.

SOLUTION TO STUNTING PREVENTION THROUGH PREMARITAL COUNSELING: A MAṢLAḤAH-BASED APPROACH IN KAMPUNG RAKYAT, LABUHANBATU SELATAN

Aldi Kasanova, Heri Firmansyah — Sun, 27 Oct 2024 00:00:00 +0000

This study investigates the implementation of premarital counseling for engaged couples as a preventive measure against stunting from the perspective of maslahah (public interest). The research focuses on the efforts made by the Office of Religious Affairs (KUA) in Kampung Rakyat Subdistrict, Labuhanbatu Selatan Regency, in educating future spouses about stunting prevention. The research employs a qualitative approach, using a case study method to analyze the various strategies implemented by KUA in identifying, preventing, and addressing stunting cases among children in the region. Data were collected through interviews, observations, and document analysis to capture the role of KUA and its collaboration with health agencies. The findings highlight the pivotal role of KUA in providing essential education and guidance to prospective couples on stunting prevention. The strategies include offering premarital counseling, disseminating health information, and fostering partnerships with relevant health sectors to ensure adherence to applicable laws and regulations. The study also explores the positive outcomes and challenges of these initiatives in Desa Tanjung Medan, Kampung Rakyat. This research is novel in its integration of the maslahah principle into the evaluation of stunting prevention efforts within premarital counseling, offering a unique Islamic legal perspective on addressing public health concerns through religious guidance. The study suggests that strengthening KUA's role in stunting prevention through collaborative efforts with healthcare institutions can significantly enhance the effectiveness of premarital counseling programs. It also underscores the importance of aligning religious and public health initiatives to ensure better outcomes for future generations.

DOMESTIC VIOLENCE AS A CAUSE OF DIVORCE: A LEGAL ANALYSIS OF THE SIDIKALANG RELIGIOUS COURT CONSIDERING LAW NUMBER 23 OF 2004

Abdul Kalam Limbong, Abd. Mukhsin — Thu, 17 Oct 2024 00:00:00 +0000

Domestic violence is a prevalent issue within families, often leading to divorce and posing challenges for resolution. This research investigates the factors contributing to divorce due to domestic violence in the Sidikalang Religious Court, in relation to Law Number 23 of 2004 on the Elimination of Domestic Violence. The study aims to explore the causes of domestic violence, its impact on marriages, and efforts to mitigate its occurrence. Employing a descriptive qualitative methodology, data was collected through interviews with key informants and analyzed within the framework of empirical juridical research. The findings reveal that domestic violence is defined by Law No. 23 of 2004 as any act causing physical, sexual, psychological harm, or neglect, including threats or coercion within the household. Key factors contributing to domestic violence include the husband's temperamental behavior, infidelity, arranged marriages, and external influences such as alcohol and gambling. Efforts to minimize domestic violence involve legal reforms, preventive measures, and both legal and non-legal interventions. This research provides an empirical understanding of domestic violence within the context of Indonesian law and highlights the importance of comprehensive strategies for its prevention. The originality of this study lies in its focus on case study legal research at the Sidikalang Religious Court, contributing valuable insights into the intersection of law and social phenomena. The findings underscore the need for a multi-faceted approach to address domestic violence, with implications for legal reform and policy development.

THE MEANING OF OFFSPRING AND THE SPOUSE SELECTION OF JAVANESE MUSLIMS IN SURABAYA BASED ON MAQASID SHARIAH

Fahruddin Ali Sabri — Tue, 29 Oct 2024 00:00:00 +0000

This article aims to examine the significance of offspring ancestry and the spouse selection for Javanese Muslims in Surabaya in particular how social and religious norms influence individual decisions regarding marriage. Javanese Muslim society has binding social norms for its adherents in marriage. This study uses an experimental ethnographic approach with interactive dialogue methods and participant observation for seven months. The findings of the study show that Javanese Muslims in Surabaya still emphasize that offspring in marriage with children is considered a valuable asset of the family and the existence of a household. The absence of children can be considered a disgrace that causes social stigma for spouses. In addition, Javanese Muslims consider it important to the spouse selection with the guidance of the norm of ‘bibit-bebet-bobot’ which involves consideration of offspring, social status, and character of the partner. Although individuals have the freedom to spouses selection, they are bound by social norms to adhere to them to avoid social conflicts and negative stigmas. Social norms that are practiced excessively or negligently cause harm to individuals in spouse selection, this is considered contrary to the principle of middle position in maqasid shariah. The implications of these findings suggest that social norms and constructions in Javanese Muslims are still strong and influence individual decisions in marriage. This study contributes to an understanding of how religious and social norms can shape cultural practices at the local level as well as their relevance in the context of Islamic and social norms.

CHALLENGES AND RESPONSIBILITIES OF MEDAN SOCIAL SERVICES: A CASE STUDY OF ARTICLE 105 KHI AND THE WELFARE OF ABANDONED CHILDREN

Muhammad Fahmi Siagian, Hasbullah Ja’far — Fri, 01 Nov 2024 00:00:00 +0000

The purpose of this research is to examine the implementation of Article 105 of the Compilation of Islamic Law (KHI), focusing on the protection and support for abandoned underage children in Medan. Although Article 105 of KHI designates the mother as the primary guardian for minors, a significant number of children are still abandoned by their mothers, often left to live on the streets. The Medan Social Services Department, as a government agency, plays a critical role in addressing and reducing the prevalence of abandoned minors by providing essential support and care. A qualitative case study methodology was employed, with data collected through document analysis and interviews with officials at the Social Services Department of Medan. This approach allowed for an in-depth examination of the department’s responsibilities, the specific measures implemented to safeguard underage children, and the challenges encountered in fulfilling these duties. The findings reveal that while the Social Services Department in Medan works to implement Article 105 KHI by facilitating support services for neglected children, it faces substantial challenges, including limited resources, inadequate funding, and staffing shortages, which impact the effectiveness of care provided. These limitations highlight the need for ongoing development in both policy and practical support. This study contributes original insights into the operationalization of KHI regulations concerning child welfare in a municipal context, emphasizing the role of government intervention where parental responsibility is lacking. The implications suggest that increased resource allocation and inter-agency collaboration are necessary to enhance the protection of vulnerable minors, contributing valuable perspectives to both child welfare policy and Islamic legal studies on child guardianship.

ISLAMIC CRIMINAL LAW ON CHILD PROTECTION: ADDRESSING PARENTAL MALTREATMENT IN TANAH KARO

Ilham Alfarizi, Ramadani — Fri, 08 Nov 2024 00:00:00 +0000

This research aims to examine the application of Islamic criminal law in cases of child maltreatment by parents and assess the effectiveness of law enforcement by the Tanah Karo Police, specifically in relation to Law No. 35 of 2014 on Child Protection. The study seeks to highlight the alignment between Islamic law principles, which emphasize the protection of children, and Indonesia’s legal framework for child welfare. A qualitative approach was employed using a case study design. Data were collected through in-depth interviews, observations, and document analysis, providing comprehensive insights into the legal and social aspects of child maltreatment cases handled by the Tanah Karo Police. Findings indicate that Islamic criminal law views child maltreatment as a severe offense, prescribing punishments such as diyat (financial compensation) or hudud (fixed penalties) depending on the severity of the abuse. The Tanah Karo Police, in adherence to Article 76C of Law No. 35 of 2014 on Child Protection, has established collaborative efforts with the Office for Women's Empowerment and Child Protection as well as the Karo District Social Services to address and mitigate child maltreatment cases. This study provides a unique perspective on the integration of Islamic criminal law principles with national child protection laws, underscoring the role of law enforcement in bridging cultural, religious, and legal frameworks to protect children. The findings suggest that integrating Islamic law principles into the enforcement of child protection laws may strengthen the legal and moral mandate for child welfare, encouraging a more cohesive approach across different sectors of Indonesian society. This integration has the potential to improve collaboration between law enforcement and social services in cases of child maltreatment, enhancing support for victims and accountability for offenders.

RELIGIOUS MODERATION IN COMPARATIVE MADHHAB CURRICULUM: A COMPARATIVE STUDY OF IAIN AMBON AND UIN ALAUDDIN MAKASSAR

Roswati Nurdin, Awaliyah Musgamy, Thalhah, Sanusi Ulath — Mon, 25 Nov 2024 00:00:00 +0000

This study aims to examine how religious moderation values are manifested in the curriculum of Comparative Fiqh study programs at IAIN Ambon and UIN Alauddin Makassar. It focuses on understanding how these values are embedded in the program’s vision and implemented across four dimensions: Ideological, Document, Process, and Outcome. This qualitative research uses a case study approach, analyzing documents such as institutional strategic plans, program curricula, and reports from IAIN Ambon and UIN Alauddin Makassar. Interviews with faculty members and program administrators were conducted to gain insights into the practical implementation of religious moderation within the curriculum. The data was analyzed thematically. The study found that both institutions incorporate religious moderation values, including tolerance (tasamuh), compassion (tarahum), cooperation (taawun), and harmony (rukun) into their Comparative Fiqh curricula. These values are reflected in the institutions’ visions, emphasizing multiculturalism and universal Islamic principles. However, the integration of these values varies slightly between the two universities, influenced by their distinct local contexts. This research provides original insights into how religious moderation is integrated into Islamic higher education curricula in Indonesia, specifically within Comparative Fiqh programs. It bridges the gap between Islamic educational theory and practice, offering new empirical evidence on the incorporation of moderation in curriculum development. The findings have significant implications for Islamic education policy, curriculum design, and teacher training, encouraging the integration of religious moderation values in educational practices to foster inclusive, tolerant, and peaceful academic environments.

BALANCING TRADITION AND PUBLIC HEALTH: THE AL-SHAFI'I PERSPECTIVE ON FEMALE CIRCUMCISION IN LIGHT OF PP NO. 28/2024 AND MUI FATWA NO. 9A/2008

Sahri Rambe, Iwan — Sun, 24 Nov 2024 00:00:00 +0000

This research examines the regulatory and religious perspectives on female circumcision in Indonesia, focusing on the interplay between Peraturan Pemerintah (PP) No. 28/2024 and Fatwa Majelis Ulama Indonesia (MUI) No. 9A/2008. The study aims to analyze the compatibility of these regulations with Islamic traditions, particularly the Shafi'i school of thought, and assess their implications for women’s rights and health. A qualitative comparative approach was employed, utilizing document analysis of the two regulations alongside relevant Islamic jurisprudential sources. Data were further contextualized through a normative-juridical framework, allowing for an in-depth exploration of religious, legal, and public health considerations. The findings reveal significant tensions between the two regulatory frameworks. While the MUI fatwa permits female circumcision within safe procedural limits and aligns with Shafi'i jurisprudence, PP No. 28/2024 emphasizes the protection of women's physical and psychological health, categorizing female circumcision as potentially harmful. Both frameworks aim to safeguard women’s well-being, yet diverge in their application of this principle. This study contributes original insights by situating the debate within the broader discourse on the intersection of religion and modern regulatory systems in Indonesia. It highlights the need for a balanced approach that respects religious traditions while prioritizing women’s rights and health. The findings have significant implications for policymakers and religious leaders, suggesting the necessity of harmonizing religious practices with modern legal standards to address public health concerns and uphold human rights in a pluralistic society.

UMAR BIN KHATTAB'S PHILOSOPHICAL IJTIHAD THINKING ON THE RESTORATIVE JUSTICE APPROACH IN ISLAMIC CRIMINAL LAW

Suhartati, Achmad Musyahid, Lomba Sultan, Abdul Syatar — Thu, 28 Nov 2024 00:00:00 +0000

This study examined the depth of Caliph Umar bin Khattab's philosophical thinking in applying ijtihad in the context of Islamic criminal law, especially related to the restorative justice approach. By analyzing various policies and legal decisions taken by Umar, this study attempted to uncover the philosophical basis underlying the application of the principles of restorative justice in the Islamic justice system during his leadership by identifying the values of justice, humanity, and maslahah as the main pillars of Umar bin Khattab's ijtihad thinking in the context of restorative justice. Using a descriptive qualitative approach, this study examined primary and secondary sources, including fiqh books and modern literature on restorative justice. The results of the study showed that Umar's ijtihad was not only based on literal Sharia texts but also considered maslahat (benefit) and the social context of society. This could be seen in decisions such as the temporary suspension of the punishment of amputation of hands during a time of famine, which illustrated the law's flexibility in responding to emergencies.

THE LEGAL STATUS OF QADHA SALAT: COMPARATIVE PERSPECTIVES OF AL-WASHLIYAH AND MUHAMMADIYAH SCHOLARS IN ADDRESSING MODERN CHALLENGES

Sat, 30 Nov 2024 00:00:00 +0000

This study explores the differing perspectives of Al-Washliyah and Muhammadiyah scholars on the permissibility of qadha salat, particularly in the context of modern challenges such as traffic congestion. The purpose of this research is to compare the legal reasoning and methodologies of these two prominent Islamic organizations in addressing contemporary issues related to qadha salat, while examining their adherence to traditional jurisprudential principles. The methodology employed is a qualitative comparative analysis, drawing from primary sources such as fatwas and official statements issued by Al-Washliyah and Muhammadiyah, as well as secondary literature on Islamic jurisprudence. Data collection involved document analysis and thematic categorization of legal opinions, supported by a critical review of relevant Qur’anic verses, Hadith, and classical fiqh literature. The results reveal significant differences in interpretation: Al-Washliyah allows qadha salat under specific conditions aligned with the Syafi'i school, emphasizing situational factors like physical inability, whereas Muhammadiyah rejects qadha salat for traffic-related delays, citing the absence of textual evidence in the Qur'an and Hadith. These findings highlight the dynamic interplay between traditional jurisprudence and contextual ijtihad. The originality of this research lies in its focused examination of qadha salat through the lens of two influential organizations, contributing to the broader discourse on adapting Islamic law to modern contexts. The implications of this study are significant for scholars and practitioners of Islamic law, as it underscores the importance of contextual ijtihad in addressing contemporary issues while maintaining fidelity to foundational texts. This work offers a nuanced understanding for Muslim communities navigating similar dilemmas in their daily lives.

FATAL ABUSE AND LEGAL CONSEQUENCES: A CASE STUDY OF DECISION NUMBER 29/Pid.B/2023/PN Gns

I Komang Wirayuda Yana, Zulfi Diane Zaini — Mon, 25 Nov 2024 03:59:27 +0000

This research explores the phenomenon of abuse as a persistent social issue, focusing on the legal regulation and accountability of perpetrators as outlined in Article 351 of the Criminal Code. Specifically, it examines the factors contributing to abuse resulting in fatal outcomes and the legal consequences for perpetrators, using decision number 29/Pid.B/2023/PN Gns as a case study. The study adopts a normative juridical method to analyze the provisions of Law Number 1 of 1964 concerning the Criminal Code. It employs both normative and empirical juridical approaches, combining library research with field data collection through observations and interviews. Data analysis is conducted qualitatively, utilizing primary, secondary, and tertiary data sources. The research identifies situational and emotional factors, particularly jealousy, as primary causes of abuse leading to the victim's death. In the analyzed case, the Panel of Judges at the Gunungsugih Class 1 B District Court sentenced the perpetrator to six years of imprisonment, underscoring the accountability mechanisms enforced by the judicial system. This study provides a nuanced understanding of the interplay between emotional and situational triggers in abuse cases and the application of Article 351 in judicial decisions. By focusing on a specific case, it offers a detailed analysis of the legal process and its outcomes in addressing fatal abuse incidents. The findings highlight the need for targeted interventions to address emotional triggers, such as jealousy, and to enhance public awareness of the legal repercussions of abuse. Additionally, the study underscores the importance of rigorous application and interpretation of legal provisions to ensure justice and deterrence in cases of abuse.