INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY

Journal Information
ISSN / EISSN : 2715-8268 / 2715-4580
Published by: IAIN Palu (10.24239)
Total articles ≅ 38
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, Firdayanti Firdayanti
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4, pp 1-16; https://doi.org/10.24239/ijcils.vol4.iss1.30

Abstract:
The emergence of public concerns regarding products that are still in doubt about the halalness of products in Indonesia makes the researcher try to understand the authority of the Indonesian Ulama Council, in this case issuing a fatwa related to the halal or haram of a product. Talking about fatwas, it cannot be separated from the authority of the Indonesian Ulama Council in issuing fatwas on the halal and haram of a product. This study employed library research with a siyasa syar'iyyah approach. The results showed that 1) the standards used by Indonesian Ulama Council in determining the halal and haram of a product by taking into account the legal status of the substances used, how to obtain them, how to produce them and how to market them, 2) related to the effectiveness of the inclusion of the halal logo and the existence of a halal certificate on every the product was still low because there were still products that did not have a halal certificate and the inclusion of a halal logo, and 3) the authority of Indonesian Ulama Council in halal certification from a siyasah syar'iyyah perspective by providing legal considerations among the people, even though it did not have binding legal force. As an implication of this study, it is hoped that there will be aware for the Muslim community to be more careful in consuming a product, especially Muslim business actors in order to understand the importance of halal certificates and the inclusion of a halal logo on each product.
Gasim Yamani, Nazil Fahmi, Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4, pp 17-31; https://doi.org/10.24239/ijcils.vol4.iss1.37

Abstract:
This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.
Abidin Abidin, Sudirman B., Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4, pp 33-44; https://doi.org/10.24239/ijcils.vol4.iss1.38

Abstract:
The Indonesian government regulates the age of marriage through Law Number 16 of 2019. This rule states that the minimum age for marriage is 19 years. Nevertheless, marriage dispensation given by the government is often used as a loophole for deviation and legalization of child marriage. This study describes this phenomenon after the revision of the Law on Marriage, the factors, and impacts of the dispensation based on judicial practice at the Religious Courts in Donggala Regency. The examination uses a socio-juridical model with theological-normative, juridical-normative, and legal sociology approaches. The data were collected by interview, documentation, and observation methods. The analysis was carried out using reduction techniques, data presentation, and conclusion formulation. The dispensation of marriage caused by the disharmony of regulations and the contradictory nature between the Marriage Law and the Child Protection Act results in weak law enforcement and minimal compliance with it from the community. Multi-factor considerations, including religion, social, culture, economy, education, health, and other factors, are often considered in giving marriage dispensation.
M. Taufan B., Muhammad Yusuf Surya, Nasaruddin Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4; https://doi.org/10.24239/ijcils.vol4.iss1.39

Abstract:
The legal system in Indonesia is plural in nature of the existence of customary law, Islamic law, and laws in Western traditions. The customary law system seems to be dominantly used by rural communities in solving private problems, such as the distribution of inheritance. Considering Indonesia has a Muslim majority population, this article discusses the inheritance distribution system in rural communities from the perspective of Islamic law. The research location is Tinombala Village in Parigi Mautong Regency. This study uses qualitative methods with three data collection techniques: observation, interviews, and documentation. Primary and secondary data were analyzed using data reduction, presentation, and verification methods. The results of this study indicate that the distribution of inheritance carried out by the villagers is determined based on customary law, even though the majority of the population is Muslim. Based on local customary law, the assets left by the deceased parents are distributed only to the children who died. The last child often gets the most share. Such practice is not following the principle of inheritance distribution in Islamic law.
Muhammad Syarif, Muhamad Aswin, Ali Imron
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4; https://doi.org/10.24239/ijcils.vol4.iss1.40

Abstract:
This article describes the impact of implementing regional autonomy on the village government system in terms of Islamic law policies. The location of the research concentration is in Petimbe Village, Sigi Regency, Central Sulawesi Province. Empirical legal methods and qualitative approaches are used to holistically understand the phenomena experienced by the subjects, including behavior, motivation, and action. The implementation of regional autonomy in the village government system positively impacts the community. This fact shows conformity with the principles of Islamic legal policy (al-siyasah al-syar’iyyah), prioritizing deliberation, justice, and the common good. However, without a good control function, the autonomy granted to village administrations can open up opportunities for corrupt practices and abuse of authority by village officials.
Sitti Nurkhaerah, Mustari Mustari, Besse Tenriabeng Mursyid
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 4; https://doi.org/10.24239/ijcils.vol4.iss1.42

Abstract:
This article discusses the role of the Office of Religious Affairs in increasing awareness of converts to giving religious endowment (waqf). In the Islamic tradition, giving waqf is a form of worship oriented toward society’s welfare. However, waqf collection is still constrained by minimal socialization among people who are considered capable. As an institution that has direct contact with the Muslim community, the Office of Religious Affairs has the task of socializing the payment of waqf, including to converts. This research takes a case study in Bahontula Village, North Morowali Regency, where most of the converts in this area come from the upper-middle class. This research is a qualitative study with primary and secondary data collected through observation, interviews, and documentation. The available data were analyzed by data reduction, presentation, and interpretation methods. The results of this study indicate that the local Religious Affairs Office has directly disseminated waqf to converts. Nevertheless, these efforts have not been optimal due to inconsistent allocation of time for the socialization of waqf.
Syamsuddin Syamsuddin, Zainal Abidin, Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 3, pp 1-18; https://doi.org/10.24239/ijcils.vol3.iss2.31

Abstract:
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.
Syuaib Syuaib, M. Taufan B., Ermawati Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 3, pp 19-31; https://doi.org/10.24239/ijcils.vol3.iss2.32

Abstract:
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.
Hikwan Wahyudi, Ubay Harun, Muhammad Taufik
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 3, pp 74-86; https://doi.org/10.24239/ijcils.vol3.iss2.36

Abstract:
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.
Aryati Yahya, Rusli Rusli, Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, Volume 3, pp 44-55; https://doi.org/10.24239/ijcils.vol3.iss2.34

Abstract:
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.
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