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All Journal Jurnal Ilmiah Al-Syir'ah Potret Pemikiran Al-Mujtahid: Journal of Islamic Family Law
Kolopita, Abdul Fajri
Unknown Affiliation
Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Midodareni Transformation in Jawa Tondano: Cultural Adaptation and Islamic Integration Makka, Misbahul Munir; Djafar, Moh. Ali Akbar; Hasan, Faradila; Kolopita, Abdul Fajri
Potret Pemikiran Vol 28, No 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v28i1.2881

Abstract

Customs in every place often experience changes because they are flexible. Activities, habits, and religion that impact good or bad moral values can change what occurs. Researchers identify the occurrence of cultural change midodareni; in addition, researchers get the problem of these changes by looking at the side of Islamic law. The research was conducted in Jawa Tondano (Jaton), North Sulawesi Province, with a sociological approach and the concept of sari. Data was collected by interviewing religious leaders and traditional community leaders. The analysis carries out using theory tradition. The findings are that midodareni became one of the traditions that experienced significant changes. This change influences factors of marriage, ethnicity/tribe immigrants who incidentally are the majority of Muslims in the sense that there is the influence of religion, namely Islam, so that the tradition is readjusted so as not to eliminate ancestral heritage and does not conflict with beliefs. In terms of analysis, the practice includes traditional authentic or changes allowed in Islamic teachings; midodareni is one example of a form of development of Islam that adapt to existing rules. So that this custom can be an innovation against other traditions where customary changes if they meet the moral values the local community believes.
The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence Muhammady, Alfian; Kolopita, Abdul Fajri
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2477

Abstract

This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.
Endogamous Marriages in Kiai Sukorejo's Family: Sufi Social Fiqh Transformation and Implications for Islamic Jurisprudence Mirwan, Mirwan; Firmansyah, Mohammad; Al Munawar, Faishal Agil; Kolopita, Abdul Fajri
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2363

Abstract

Marriage with the principle of endogamy in the context of arranged marriages, as observed within the family of Kiai Sukorejo in Situbondo, is influenced by religious, cultural, and Sufi tradition factors. The research uses the phenomenological method to delve into the meaning behind the phenomenon. Marriage is regarded as a means to follow the Sunnah of the Prophet, strengthen religious devotion and Faith, reinforce family bonds, and preserve the existence of the Islamic boarding school (Boarding School). Aspects of lineage, religious commitment, and scholarly qualifications take precedence in arranged marriages as an implementation of the concept of kafa'ah in Islamic jurisprudence (Fiqh). The mystical understanding derived from Sufi teachings also affects perspectives and actions in accepting arranged marriages. This research provides a significant contribution to understanding social Sufi jurisprudence (Fiqh) and the practice of endogamous marriages within the context of Islamic boarding schools. The study's findings offer valuable recommendations for developing social fiqh understanding, remarkably grounded in Sufi teachings. It is important to note that this study has a limitation in that it did not involve female informants, which should be a crucial consideration in analyzing and exploring the meaning of arranged marriages.
Co-Authors Djafar, Moh. Ali Akbar Faishal Agil Al Munawar Hasan, Faradila Makka, Misbahul Munir Mirwan, Mirwan Mohammad Firmansyah Muhammady, Alfian