This article attempts to discuss the views of Banjarese ‘ulama and the legal method used in responding to the issue of polygamy. The Banjarese ulama interviewed are nine. This study reveals the existence of different opinions among the Banjarese ulama. There are many ulama who accept polygamy, the minority being not too rigid in terms of conditions for polygamy, while the majority emphasize rigid conditions. However, there are ulama who reject polygamy due to various considerations and recent conditions. The desire to polygamy can be tolerated, but the conditions are required. The difference of opinions between the Banjarese ulama cannot be separated from the method of Islamic law used in understanding this phenomenon. If related to uṣūl al-fiqh, most views of the Banjarese ulama with regard to polygamy can be concludedas using the method of istiḥsān and dharī‘ah.
This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.
This study tries to answer on kinds of things followed by Dayak Ngaju Tribe Muslim Community Palangka Raya city in Tiwah Ceremony of Hindu Kaharingan and the reasons why they participate on the ceremony. This problem is studied by qualitative description by using cultural and religious approaches. The study results find out that most of Muslim community only participate some series of tiwah ceremony considered to be still tolerated by Islam, meanwhile for some other small parts, they still participated on them but they just do it not by full-hearted. Their participation on the tiwah ceremony is as a honor for their parents and family having their own history in their life. The participation model of Dayak Ngaju Tribe Muslim Community which is only in still tolerated things in Islam activities can be considered as the local Islamic tradition.
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