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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Istinbath: Jurnal Hukum Islam
Yasin Yetta
Institut Agama Islam Negeri Manado
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Deradicalism in The Family at Tahuna, Sangihe Islands, North Sulawesi Ahmad Rajafi; Yasin Yetta; Nur Allan Lasido
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.12445

Abstract

This study aimed to examine the deradicalism in the family at Tahuna on Sangihe Islands, North Sulawesi with the potential to raise radicalism. This area is the transmission line for terrorists to Indonesia from Mindanao. Furthermore, the entry of transnational Islam emphasizes religious textuality and intolerance of others. This study is a type of empirical legal research, namely a legal research method taken from the facts that exist in the Tahuna Muslim community. The data was collected using observation, interviews, and documentation and analyzed through the maqashid al-shari'a approach. The result was expected to help prevent family radicalism, and mobilize women's majlis taklim in mosques at the Tahuna area in each recitation. Furthermore, they could help transfer moderate Islamic ideas emphasizing discussing hifzh al-nafs and hifzh al-nasl, especially in family partnerships in the family. This would ensure women or wives are no longer subordinated to men and the tolerance values inculcated among people of the same and different religions. In general, the tolerance values are transferred through local wisdom adages in the Sangihe Islands, including mepalose and pantuhu makasalentiho somahe kai kehage, as reinforcement of family deradicalism.
Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts Yasin Yetta; Ahmad Rajafi; Syahrul Mubarak Subeitan
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.v9i1.8979

Abstract

This article aims to determine the implications of changing Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage Dispensations in Indonesian Religious Courts. Specifically, this research seeks to analyze the increase in cases of post-amendment dispensation and explore the factors contributing to the gap between legal mandates and community practices regarding early marriage. This research uses a qualitative approach with a juridical perspective using comprehensive data analysis from Religious Courts in various regions in Indonesia. The data sources include decisions from the Directory of Decisions of the Supreme Court of the Republic of Indonesia, which focus on requests for dispensation. The analysis involves data collection, selection, sorting, reduction, and conclusion, aiming to effectively meet research objectives and address research gaps. This study integrates legal norms and societal dynamics to comprehensively understand the failure of the Amendment and its implications for the marriage dispensation in Indonesia. The analysis revealed a significant increase in requests for dispensation after the amendment. This reflects the challenges in dealing effectively with early marriage. Cultural pressures, institutional inconsistencies, and societal complexity contribute to the rise in cases of dispensation, underscoring the need for a different approach to legal reform and societal practice. Despite efforts to equalize the marriage age and prevent early marriage, the Amendment has not effectively addressed societal realities, resulting in a gap between legal mandates and actual practice.
Co-Authors Ahmad Rajafi Nur Allan Lasido Syahrul Mubarak Subeitan