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The Kaum Existence (Penghulu Adat) in Marriage: A Case Study of the Pekal Community, Ketahun District, North Bengkulu Regency Sidiq Aulia
Journal of Islamic Law Vol 1 No 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (620.559 KB) | DOI: 10.24260/jil.v1i2.43

Abstract

In the life of the Pekal community, Ketahun Subdistrict, North Bengkulu Regency, marriage is often found without going through the KUA (Office of Religious Affairs), in other words not recorded by the State. There are still many Ketahun people in North Bengkulu who do marriages through an intermediary of the Kaum (traditional headman). The purpose of this study was to determine the existence of the Pekal community in marriage. This study uses empirical legal research methods to see the working of law in society and the juridical-sociological approach. The results of research on the existence of people in marriage in the Pekal community are as leaders of traditional marriage ceremonies. The leader of the traditional wedding ceremony is interpreted through the form and symbol of traditional marriage, reflected by social values ​​that are needed in the formation and development of the Pekal community's identity. Likewise, the social value is interpreted, which is one of the things that is very closely related to the life activities of the Pekal community, which in general is a form and arises from every human being.
Restriction of Islamic Civil Society Participation: Genealogy of Zakat Legal Politics and Its Centralized Management in Indonesia Ali Murtadho Emzaed; Sidiq Aulia; Valencia Kirana Rosadhillah; Surya Sukti
Journal of Islamic Law Vol 4 No 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1444

Abstract

This article analyzes the management of zakat (almsgiving) in Indonesia, focusing on the genealogy of legal politics and its relationship with state policies in centralizing zakat management. Given the variations in zakat management systems among Muslim countries, Indonesia’s direct participation in zakat management has provoked resistance within Islamic civil society. They do not desire any state intervention in zakat management, as it contradicts their longstanding practice before Indonesia’s independence. This article employs a historical approach and analyzes data using Fred W. Riggs’ prismatic legal theory. The authors find that the state’s argument for centralizing zakat management in Indonesia aims to optimize the efficient utilization of zakat funds. However, this policy hurts the participation of Islamic civil society in managing zakat according to their genealogical traditions. Therefore, the article argues that the state’s centralization of zakat management is inappropriate, as it overlooks the integral zakat practices rooted in Islamic civil society’s history and culture in Indonesia.