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All Journal IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Al-Istinbath: Jurnal Hukum Islam
Fauzan Fauzan
Universitas Islam Negeri Fatmawati Sukarno Bengkulu
Religion Law, Crime, Criminology & Criminal Justice

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Harmony of religion and culture: fiqh munākahat perspective on the Gayo marriage custom Dri Santoso; Wahyu Abdul Jafar; Muhamad Nasrudin; Musda Asmara; Fauzan Fauzan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.199-218

Abstract

This study aimed to describe the established harmony between religion and culture within the traditional Gayo marriage custom. In addition, it determined whether the blending of religion and culture in traditional Gayo marriages adheres to fiqh munākahat. This study was descriptive and qualitative field research using the sociological juridical approach. Interviews and documentation were used as data collection methods. Meanwhile, to identify informants, researchers employed a purposive sampling technique. The important finding of this study was that in traditional Gayo marriages, religion and culture are harmonized appropriately and without coercion. The acculturation of fiqh munākahat evidences harmonization: ta'aruf (introduction), khitbah (proposal), marriage advice, discussions, i'lanu nikah (marriage announcement), and hospitality. The acculturation of the fiqh munākahat concept is found in the procession of the risik kono (introduction of the bride and groom's family), the munginte (proposal), the beguru (giving advice), the betelah (discussion), the segenap and begenap (discussion and family), the mah bai (accompanying the groom) and mah beru (accompanying the bride), mah kero opat ingi (carrying rice for four days) and tanag kul (a visit to the bride's house). Moreover, only two of the five Gayonese marriage customs adhere to the fiqh munākahat: ango/juelen (patrilineal) and kuso now (to and fro) marriages. In contrast, engagement marriages (matrilineal), Naik (eloping) and mah tabak (marriage submission) are not in line with fiqh munākahat.
Strengthening the Indonesian Bicameral Parliament: Siyasah Dusturiyah Perspective Ade Kosasih; Sirajuddin M; Fauzan Fauzan; Henderi Kusmidi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.10047

Abstract

This research aims at finding a strategy to strengthen Indonesia's bicameral parliament. It is a parliamentary system consisting of an Upper House and a Lower House. The Upper House, Regional Representative Council (DPD),  represents certain groups or regions, and the Lower House, House of Representatives (DPR), represents national interests. Ideally the position of the DPR and DPD is in an equal position, however the DPD arrangements in the constitution have a power but do not reflect the bicameral principle. If left unchecked, it can trigger regional dissatisfaction which threatens the disintegration of the nation. This research employed normative juridical research methods with a conceptual and statutory approach. The result showed that the DPD has made efforts to strengthen it through al-sutha al tasyri'iyah (formal amendments) but failed. Moreover, the DPD has also carried out legal reviews by the Constitutional Court (judicial review) but the results have not been significant. The most realistic way to strengthen the DPD and has never been used before is through a constitutional political strategy (siyasah dusturiyah) to create constitutional conventions by vetoing draft laws whose decisions are made without involving the DPD. Therefore, the Indonesian parliamentary system can run in the double check system and check and balance paradigm in maintaining democracy and regional autonomy. Thus, if the DPD has a strong bargaining position in parliament then the goal of forming a strong bicameral parliament can be established.
Co-Authors Ade Kosasih Dri Santoso Henderi Kusmidi Muhamad Nasrudin Musda Asmara Sirajuddin M Wahyu Abdul Jafar