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Nurdin Nurdin
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Program Pascasarjana Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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International Journal of Contemporary Islamic Law and Society
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 27158268     EISSN : 27154580     DOI : 10.24239/ijcils
Core Subject : Religion, Social,
Religion Social Sciences
The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on branches of Islamic law, both theory and practice, from juridical, social, economic, political, and humanities perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 2 No 2 (2020)" : 6 Documents clear
Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court Alhamid Baharuddin; M. Taufan B.; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (716.541 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.18

Abstract

The aim of this paper is to discuss Judges’ consideration in making decision in the case of judicial divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that there were two basic considerations for judges in deciding a lawsuit for divorce at the Palu Religious Court Class 1A, namely written law and unwritten law. Written laws include Al-Qur'an, Hadith, Laws, and Compilation of Islamic Laws, while the unwritten law is the customs and values ​​that live in society. Based on the decision Number 452/Pdt.G/2019/PA.Pal, these laws were used as the basis for the judge's consideration in deciding this case, because continual disputes and quarrels occurred between husband and wife, that resulted to the separation of residence which has lasted for about 11 months, and it is no longer possible to live in harmony in the household.
Pre-Marriage Pregnancy in Islamic Law Compilation
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (650.013 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.19

Abstract

The aim of this paper is to discuss pre-marriage pregnancy in Islamic Law Compilation. This study is literature review research with qualitative method. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The results showed that the formulation of article 53 paragraph (1), of the Islamic Law Compilation, a pregnant woman can be married with the man who impregnated her. And article 53 provides a solution for pregnant women who are married to men who impregnate them. While in relation to the status of child, it is considered legal because there has been a legal marriage; however, in the sharia, the status of child is still debated. Regarding the issue of which opinion is used, it can be seen from which opinion is greater for the benefit of society.
The Concept of A Marriage Agreement in the Compilation of Islamic Law Haerunnisa Yunus; Rusli Rusli; Abidin Abidin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (561.344 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.20

Abstract

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.
Muslim Society Perception of The Unregistered Divorce Lutfi Lutfi; Muhammad Akbar; Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (831.705 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.21

Abstract

The aim of this paper is to discuss the view of Muslim people in Marawola, district of Sigi, towards unregistered divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that the understanding and view of the Marawola community towards unregistered divorce was that of divorce carried out outside a religious court involving only husband and wife and religious leaders. On other occasions, it also involved village officials, where the divorce was only confirmed by a letter of freedom signed by the husband and wife, two witnesses and sometimes also signed by the village head as the one who knew.
Method of Sharing Marriage Properties in the Religious Court, Palu Moh. Thariq Godal; Syarif Hasyim; Musyahidah Musyahidah
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (607.868 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.22

Abstract

The aim of this paper is to discusses Marriage properties method sharing in the Religious Court of Palu City. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results of this study indicate that terminating the distribution of marital assets is sufficient to provide justice for the plaintiffs and defendants. Joint assets are divided in half for each party if under normal conditions, namely the husband provides support for the family and the wife takes care of the household. The division of joint assets based on contributions in marriage is one of the considerations by the judge in deciding joint property cases. This means that the sharing of joint assets does not refer to Article 97 of the Compilation of Islamic Law, namely that joint assets are divided in two for each party, but divided by 2/3 for the wife and 1/3 for the husband in certain cases (casuistik). Judges in the decision on the distribution of joint assets are still based on legal principles and norms.
The practice of Cousin Marriage in the Community of Kalola Village, Pasangkayu Regency, West Sulawesi Muhammd Rizal Soulisa; Lukman S. Thahir; Malkan Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (593.232 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.23

Abstract

The aim of this paper is to discuss the practice of cousin marriage in the community of Kalola Village, Pasangkayu Regency, West Sulawesi. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. the background of a cousin marriage in the Mandar tribe community in Kalola Village is a tradition that has been strong for a long time in the community, in addition to the factor of maintaining a large family and protecting property. Meanwhile, the impact of cousin marriage includes both positive and negative impacts. The positive impact is to reduce the number of conflicts in the community and strengthen local political systems, while the negative impact is the breakdown of kinship in the event of conflict and divorce and health risks.

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