The Prohibition of Marriage with the Former Spouse of a Fellow Martial Arts Member: A Case Study of the Silek Tuo Tradition in Kenagarian Paninggahan, Junjung Sirih, Solok
This study examines the customary rule prohibiting marriage with the former wife of a fellow martial arts member within the Silek Tuo school in Kenagarian Paninggahan, Junjung Sirih District, Solok Regency. The objectives of this research are to analyze the prohibition of such marriages within the Silek Tuo tradition, to identify the underlying factors contributing to this prohibition and the resulting sanctions, and to assess the practice from the perspective of Islamic law (fiqh).To achieve these objectives, this study employs a field research design using a socio-legal approach and qualitative analysis methods. The findings of the research indicate to following. First, the prohibition of marriage with the former wife of a fellow martial arts member in the Silek Tuo school is perceived as equivalent to the prohibition of marrying within the same clan (suku). In Minangkabau culture, intra-clan marriages are strictly forbidden. Individuals who violate this rule are subject to severe customary sanctions, including social ostracism, exclusion from the extended family, and being symbolically expelled from the community. Second, the factors underlying the prohibition and the imposition of sanctions are rooted in the concept of salimau. Once individuals share the bond of salimau, they are considered badunsanak that is, kin or people of the same bloodline. The preservation of this salimau relationship serves as a cultural mechanism to maintain a sense of spiritual and familial unity (dunsanak sedarah or sanak sebatin).Third, from the perspective of Islamic law, the practice of prohibiting marriage with the former wife of a fellow martial arts member falls under the category of al-‘urf al-fāsid (corrupt custom), as it contradicts the explicit texts (nass) and fundamental principles of sharī‘ah. Therefore, this prohibition, as practiced within the Silek Tuo school, is inconsistent with Islamic legal teachings.
- Research Article
- 10.24260/al-usroh.v3i2.2006
- Dec 29, 2023
- Al-Usroh
This article examines the Prohibition of Marriage on the Day of Geblak Parents from the Perspective of Islamic Law in Parit Culum II Village, West Muara Sabak District, East Tanjung Jabung Regency, Jambi Province. The purpose of this research is to find out: 1) the prohibition of marriage on geblak day in Parit Culum Village; 2) The reason for the prohibition of marriage on geblak day; 3) the prohibition of geblak marriage from the perspective of Islamic law. This article uses empirical legal research methods and legal anthropology approaches. The data sources used in this research are; field observations and interviews with several informants related to this issue such as interviews with community leaders, traditional leaders, religious leaders, and village officials of Parit Culum II village while secondary data is obtained through several books related to the theory of marriage and customary law. The data obtained is then analyzed by conducting descriptive data analysis. The result of this research is still the belief in an unfavorable day for conducting a wedding ceremony, which is referred to as the day of the parents' geblak. This tradition has been believed by the people of Parit Culum II Village for generations and is still practiced until now. Second, the provisions of the tradition of the prohibition of marriage on the day of the parents' geblak are not found in a clear or definite text in Islam, even though the practice of this marriage prohibition is not punished as haram.
- Research Article
- 10.59059/mandub.v3i3.2765
- Sep 23, 2025
- Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora
The development of information technology brings significant changes in the business world, one of which is through the Shopee affiliate marketer program that provides opportunities for individuals to earn income through commissions from product sales. However, the tax practice of affiliate marketer income still requires in-depth study, especially in the perspective of tax law and Islamic law. The main problem in this research is how the Income Tax (PPh) payment mechanism for Shopee affiliate marketers and its compliance with the provisions of taxation law and the principles of Islamic law. This research aims to find out and analyze 1) To find out the percentage of PPh for shopee affiliate marketers in the perspective of tax law and Islamic law. 2) To know how to pay PPh for affiliate marker shopee in the perspective of tax law and Islamic law. The research method used is a legal sociology approach with a type of empirical legal research. Data is collected through observation, interview, and documentation of Shopee affiliates and sellers, and analyzed using data reduction techniques, data presentation, and drawing conclusions. The research results show that: 1) the percentage of PPh of shopee affiliate marketers is the commission received by Shopee affiliates, which is the object of PPh Article 21 and is subject to a progressive tax rate according to Government Regulation No. 58 Year 2023, based on the taxation of 50% of the total gross commission. The tax rate starts from 5% for income up to Rp60 million and increases according to the income layer. 2) The payment method of PPh affiliate marketer shopee is that Shopee deducts and deposits taxes automatically before the affiliate receives the commission, and requires the inclusion of NPWP so that the tax rate is lower. In the perspective of Islamic law, the obligation to pay taxes (dharibah) is recognized as long as it is managed fairly and used for public benefit, and does not burden the community. In conclusion, the practice of paying PPh affiliate marketer Shopee is in accordance with the provisions of the applicable tax law and can be accepted from the perspective of Islamic law as a form of contribution to the welfare of the community.
- Research Article
- 10.54065/baytal-hikmah.373
- May 14, 2025
- Bayt Al Hikmah: Jurnal Pendidikan dan Pengembangan Masyarakat Islam
The urgency of this research arises from the strong belief held by the people of Tulung Indah Village regarding the prohibition of marriage during the month of Suro, which is considered a sacred month that may bring misfortune if violated. This belief persists despite lacking a clear basis in Islamic law. This study aims to explore the community’s views on the prohibition, identify the underlying factors, and examine the issue from the perspective of Islamic law. The research method employed is empirical research using a qualitative approach. Data sources consist of primary and secondary data, collected through observation, interviews, and documentation. Data validity was tested using triangulation techniques, while data analysis was conducted through data reduction, data presentation, and drawing conclusions. The results of the study show that the majority of Tulung Indah residents still believe in and adhere to the prohibition of marriage during the month of Suro due to cultural reasons, inherited beliefs, limited religious understanding, and environmental influence. From the perspective of Islamic law, there is no evidence from the Qur’an or Hadith that forbids marriage during the month of Suro. Therefore, this tradition is not legally binding in Islamic terms. However, if the tradition leads to polytheism or contradicts Islamic creed (aqidah), it cannot be justified. The researcher recommends that religious leaders and academics play an active role in educating the community to correct misconceptions and misguided beliefs.
- Research Article
1
- 10.37680/almanhaj.v4i2.1574
- Jul 22, 2022
- AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam
This study aims to thoroughly implement the Prohibition of Marriage from the Perspective of Customary Law, Civil Law, and Islamic Law. Second, describe the application of sanctions for violations of marriage prohibitions according to customary law, civil law, and Islamic law. Third, analyze prevention efforts to avoid infringements of the Prohibition of Marriage. The research method used is a qualitative research type, with a descriptive-analytic way applying a literature and literature study approach accompanied by observations on applications that occur in the community. Currently, in Indonesia, it can be seen in the community many cases of marriage that occur without regard to the Prohibition of Marriage. As a legal state that adheres to several national legal systems, it is expected to guarantee legal certainty for all its citizens. Therefore, there is a need for synergy between all applicable policies in Indonesia on the Prohibition of Marriage
- Research Article
- 10.22373/sjhk.v8i2.21898
- Jul 31, 2024
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Education has become one of the fundamental human rights that must be fulfilled by the state and implemented through legislation. The right to a good education for all citizens has become a global discourse, alongside the rights to work, freedom of speech, and a decent social life. This study examined the imposition of sanctions on students in schools in East Kolaka, Southeast Sulawesi. The study concerned with the perspectives of Islamic law and Islamic education towards imposing sanctions on school students. The study used a qualitative method, analyzed with Islamic law and Islamic education theories. Data were collected by means of observation and in-depth interview with school principal, teachers, students, and academics. The findings reveal that schools apply disciplinary measures as part of the strategies to enforce school code of conduct. Schools integrate such measures into daily activities, which include providing guidance, setting a good example in words and deeds, applying sanctions, and providing rewards. In the view of Islamic law, the imposition of sanctions on students in educational institutions has benefits and is in line with the concept of maqashid al-sharia to discipline students and build their character from a young age, thereby producing good morals. Further, in the perspective of Islamic education, obedience, discipline, and respect for teachers are the morals of students that will have an intellectual and spiritual impact until they reach adulthood.
- Research Article
- 10.61511/eaebjol.v2i1.2024.805
- Jul 30, 2024
- Ex Aequo Et Bono Journal Of Law
Background: The custom of weaving the clothes is a custom of the ancestors of the people of Sukarare Village, which must be carried out at weddings. Having weaving skills is a requirement that must be met for women before carrying out a marriage contract. If a woman does not have weave skills, she is prohibited from carrying out the marriage. This article will discuss the problem of the practice of prohibiting marriage for women before they can weave in Sukarare Village, Jonggat District, Central Lombok Regency, and what the perspective of Islamic law is regarding the prohibition of marriage for women before they can weave in Sukarare Village, Jonggat District, Central Lombok Regency. Methods: Researchers used field research with a qualitative descriptive approach. Data collection techniques include observation, interviews, and documentation. Two data sources were used, namely primary data and secondary data. Findings: This research finds that the practice of prohibiting marriage for women who cannot yet knit traditional Lombok cloth has begun to erode. Conclusion: According to Islamic law, the prohibition of marriage for women before they can sesek is a marriage prohibition that can be justified because: First, it brings benefits to each individual and many people. Second, it is included in the authentic urf as long as it does not conflict with Islamic teachings. Novelty/Originality of this Study: The intersection between local customs and Islamic law, specifically focusing on the unique tradition in Sukarare Village that prohibits women from marrying until they can weave traditional Lombok cloth, offers a rare insight into the coexistence and mutual influence of cultural practices and religious principles on marriage laws in a specific Indonesian community.
- Research Article
- 10.29240/jhi.v5i2.1525
- Nov 30, 2020
- Al-Istinbath : Jurnal Hukum Islam
The purpose of this study is to determine and describe the implementation of customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers and to analyze the views of Islamic law on customary sanctions regarding marriage rights against people of the same ethnicity as adultery. This type of research is field research, namely, research that is carried out in the field. The research data was collected through interviews with people affected by customary sanctions, niniak mamak, the head of KAN, and ulama. The data that had been collected were analyzed using a qualitative descriptive method. The results of the study found that the process of implementing customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers begins with the stipulation of customary sanctions against adulterers. If the sanctions are not implemented then the niniak mamak will prohibit the nephew from marrying until the sanctions are completed. The implementation of the prohibition of marriage to people who are of the same ethnicity as the perpetrator of adultery due to customary sanctions is not regulated in Islamic Law. These rules are the rules that apply in Nagari Lunto. including 'urf saheeh, because the conditions of' urf sahih have been fulfilled. Among the conditions is that it contains benefit and has been going on for a long time. The benefit of the implementation of the marriage prohibition due to the adultery customary sanction is to provide a deterrent effect on adultery in particular and the Lunto community in general so that they do not approach adultery anymore, and protect their nephews from things that deviate from Islamic teachings. Based on the ʻurf method, the customary sanction regarding the prohibition of marriage against people of the same ethnicity as the perpetrator of adultery is permissible.
- Research Article
- 10.33122/ejeset.v5i2.381
- Oct 30, 2024
- Electronic Journal of Education, Social Economics and Technology
Regulations regarding mahram and the prohibition of intermarriage in Samosir Batak society are one of the important aspects that influence social life and marriage. The clan in the Samosir Batak tradition has a very central position, so the prohibition on intermarriage within the clan is regulated to maintain the purity of the lineage and social harmony. In Islamic law, the prohibition on intermarriage can be analogous to the prohibition against mahram, namely people who are forbidden to marry because of blood or marriage relations. This research aims to examine the relationship between mahram in Islamic law and the prohibition on intermarriage in Samosir Batak custom, as well as exploring the similarities and differences between the two. The method used is descriptive qualitative with a normative approach. The research results show that there are similar goals between the two systems in protecting offspring and family honor. However, there are differences in determining which parties are considered mahram and semarga. This research suggests that there should be a deeper understanding of these two systems in order to create a balance between religious and customary law in Samosir Batak society. Even though there are differences in determining who is considered a mahram in Islamic law and who is considered a clan in Samosir Batak custom, these two systems have the same goals in maintaining family honor, protecting legitimate descendants, and preventing marriage within a close lineage. Socialization and Education requires more intensive outreach efforts regarding the differences and similarities between mahram in Islamic law and the prohibition on intermarriage in Samosir Batak custom. This is important to provide a clear understanding to the community, especially the younger generation, so that they can live their religious and traditional lives in harmony.
- Research Article
- 10.24090/mnh.v18i2.11134
- Jul 31, 2024
- Al-Manahij: Jurnal Kajian Hukum Islam
Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.
- Research Article
- 10.24239/ijcils.vol5.iss2.71
- Dec 29, 2023
- INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY
This study discuss the practice of Polalantadivorce practice among the Banggai ethnic community from the perspectives of Islamic law and positive law in the Mansamat B Village, South Tinangkung District, Banggai Islands Regency.The aims of this study are examine factors drive the residents of Mansamat B Village, South Tinangkung District, Banggai Islands Regency to engage in Polalanta divorce practice, and to find out the perspective of Islamic and positive law in Polalanta divorce practice among the residents of the village. This study used a qualitative method with data collection techniques involving observation, in-depth interviews, and written document analysis. The data analysis techniques employed include data reduction, data presentation, data verification, and drawing conclusions. This study found that time efficiency and simplicity are significant factors motivating the Banggai ethnic community in Mansamat B Village to opt for divorce outside the Religious Court or Polalanta practice. Additionally, economic considerations also play a role, requires administrative expenses, which, despite subsidies for those less fortunate, are still perceived as significant by some. Hence, the choice to divorce outside the Religious Court is more appealing. Furthermore, a lack of legal awareness and personal issues contribute to this practice. We aso found that there are distinctions between positive law and Islamic law concerning divorce. Islamic law requires only formal witnessing, whereas positive law mandates court proceedings in the Religious Court. This provision is outlined in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, stipulating that divorce can only take place before a court session after the court has attempted and failed to reconcile both parties.
- Research Article
1
- 10.35308/baktiku.v4i1.4488
- Jul 13, 2022
- Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar
The development of technology and information in the form of the internet has grown rapidly. Not only for the elderly, but also for young people who use it, the increasingly easy use of the internet has been misused for gambling games. Initially people access online games, then out of curiosity and curiosity, people follow online gambling. Online games as an unreal virtual space make users free to do things that are prohibited in life, both in religious norms and prohibited by law, such as online gambling. Based on this background, the formulation of the problem from this legal counseling is how the criteria for online gambling criminal acts and how to sanction online gambling crimes in the perspective of Islamic law and national law. This legal counseling activity is carried out using lecture and discussion methods. Participants were given motivation and understanding about understanding online gambling in the perspective of Islamic criminal law and national criminal law. In addition, participants were given material on the importance of understanding the criteria for acts of online gambling and the sanctions of online gambling crimes. The objectives of the service to the millennial generation in Banda Aceh City are to: 1). Provide knowledge about the criteria for online gambling crimes and 2). Providing understanding to the millennial generation about online gambling criminal sanctions in the perspective of Islamic Law and National Law. this is also part of capturing problems that occur in society.
- Research Article
- 10.29303/jipp.v8i3.2112
- Aug 30, 2023
- Jurnal Ilmiah Profesi Pendidikan
This study aims to investigate the phenomena of fanaticism and fanatical behavior from the perspectives of Islamic Law and Islamic Education. Data were collected through a review of classical and contemporary texts in Islamic law and education, as well as an analysis of relevant empirical studies. The data analysis technique employed a qualitative approach focusing on text interpretation and key concepts related to fanaticism. The results indicate that fanaticism in Islamic Law and Islamic Education encompasses complex dimensions, including psychological, social, and theological factors. The implications of this research underscore the need for a holistic approach to understanding and addressing fanaticism, involving educational, social, and legal efforts. Islamic education can play a key role in instilling moderate values, tolerance, and deep understanding of religious teachings. Legally, it is important to consider principles of justice and freedom in responding to fanatical behavior while upholding principles that underpin diversity and tolerance in society. In conclusion, a profound understanding of fanaticism from the perspectives of Islamic Law and Islamic Education can aid in formulating effective strategies to address this challenge in contemporary society.
- Research Article
- 10.31332/ai.v0i0.7720
- Jan 28, 2024
- Al-Izzah: Jurnal Hasil-Hasil Penelitian
Although research on the Sipakatau, Sipakalebbi, Sipakainge’ philosophy has been widely discussed by scholars, few have analyzed them from the perspective of religious moderation and Islamic law. This article aims to discuss the Sipakatau, Sipakalebbi, Sipakainge' traditions from the perspective of religious moderation and Islamic Law among the Bugis community in Sorong, Papua. This study uses an ethnographic research design. Data collection was conducted through interviews. The results show that from the perspective of religious moderation, the Sipakatau, Sipakalebbi, Sipakainge' traditions embody values of religious tolerance, peace, mutual respect, understanding of other ethnic cultures, and harmony among religious communities. From the perspective of Islamic law, these traditions contain values of justice, honesty, and ethics in social interactions. The factors influencing the presence of values of religious moderation and Islamic Law in these traditions are due to the strong cultural heritage and local wisdom of the Bugis community in Sorong, Papua, which is passed down to the younger generation, strong religious education, and the involvement of religious and community leaders. Thus, this research is expected to complement previous studies by presenting philosophical values of religious moderation and Islamic Law applied in daily life.
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- 10.55227/ijerfa.v2i4.162
- Jun 19, 2024
- International Journal of Economic Research and Financial Accounting (IJERFA)
The existence of MSMEs is expected to provide prosperity for owners and the surrounding community. Welfare can be understood as equal distribution of life at a higher level from life itself. However, this goal is not in line with the conditions at the Sumberingin Bathing Nature Tourism. The existence of these destinations has not been able to achieve the goals of MSMEs. The aim of this research is to analyze the concept and role of MSMEs for the welfare of society from the perspective of Islamic law (study of the natural tourism of Sumberingin baths, Tumpang District, Malang Regency). This research is empirical research. The research approaches used are the Analytical Approach and the Case Approach. Data collection for this research used library study techniques and the data that had been processed systematically was then analyzed descriptively and evaluatively. The research results showedthe concept of MSMEs for the welfare of society in the perspective of Islamic economic law, namelyfulfilling physical needs and halal sustenance and the blessings of sustenance received and creating a sense of security and love for others. Furthermore,The role of the Sumberingin Bathing Nature Tourism MSME is to improve the welfare of the community from the perspective of Islamic economic law, namely creating jobs, meeting economic needs and helping other people in need.Based on the results of an indicator survey that measures welfare from an Islamic economic perspective, it can be concluded that the majority of MSMEs feel that their needs are met, they are helped to obtain halal sustenance, they do business with a sense of security and peace.
- Research Article
- 10.15294/lsr.v3i1.57092
- Jan 20, 2023
- Semarang State University Undergraduate Law and Society Review
Law is used as a guide and protector for every human being who lives in society, there are several kinds of applicable law in Indonesia, namely Indonesian national law and Islamic law. Amid the development of increasingly sophisticated digital technology, digital investment methods in the form of Binary Options have emerged which cause problems in people's lives. Then this research was conducted to determine the position of Binary Options in the perspective of national law and Islamic law so that the public knows and understands the legal basis for investing in the form of Binary Options. The writing of this journal uses normative juridical research methods. The results of the analytical study were obtained that in national law Binary Options as an illegal act which is part of an unlawful act, one of which is the result of not getting permission from the OJK (Financial Services Authority) so that it can be sentenced to criminal sanctions, while in the perspective of the Islamic law that Binary Options Judging from the way the game is played, it can be said that gambling is more precisely modern gambling, where gambling itself in Islam is strictly prohibited based on the verses of the Qur'an
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