Islam upholds the principle of willing consent in marriage, prohibiting coercion, yet in the Lekuk Lima Puluh Tumbi Lempur Jambi community, forced marriages occur due to local customs, leading to negative consequences. The research method used was field research focusing on the Lekuk Lima Puluh Tumbi Lempur community, Jambi, Indonesia. The data obtained were analyzed and studied with Islamic law. The findings first show that the forced marriage occurs when a man and a woman return to the village after a late night. Second, factors behind these customary sanctions include religious, social and customary ones. Third, the impact of these customary sanctions is the occurrence of underage marriage and the resultant divorce. Fourthly, the marriage is contrary to Islamic law, because it involves coercion, even though the pillars of marriage are fulfilled, but the conditions of marriage are not fulfilled, so the law of marriage becomes fasid (broken). Therefore, as a consideration, if the sanction of forced marriage is carried out without regard to the cause, whether chronological or consensual, and age, but only based on customary coercion, then the customary sanction can cause more significant harm than benefit, so the custom must be abandoned.
This article discusses child-free practices in Indonesia. Childfree means an agreement made by husband and wife not to have children during the marriage period. Practices in society are still taboo when you hear the term childfree itself. There is also a small portion of society that is no longer a taboo and has even practiced it, especially among the upper elite. This research is interesting to study because childfree itself is contrary to the purpose of marriage, namely having children and reproductive rights in Islam to enjoy biological relations. This article aims to explore the views and responses of several Islamic organizations in Kebumen regarding childfree. This research uses qualitative methods (field research). The main object of this research is child-free practices and the views and responses of Islamic organizations in Kebumen. Data collection techniques were carried out by interviewing several Islamic organizations in Kebumen. Then the data analysis technique is descriptive analysis. The results of the study identified: (1) childfree as a phenomenon of current issues that reap various opinions, some support it and some don’t (2) childfree as a radical feminism. (3) childfree in the opinion of Islamic organizations in Kebumen regency such as (Nahdlatul Ulama, Muhamadiyah, Indonesian Islamic Da'wah Institute, and Hidayatullah) is that childfree has gone against nature, because it has deviated from the Qur’an, Hadis and the purpose of marriage.
Penelitian ini akan membahas tentang hukum positif dalam tradisi kawin sumbong. Kawin sumbong adalah perkawinan yang dilakukan internal pada ruang lingkup masyarakat (endogamy). Kawin sumbong terdiri dari 12 macam jenis, dimana yang paling dominan adalah perkawinan anak pusako dan sanak bapak/ibu. Perkawinan semacam ini, dianggap telah melanggar hukum adat dan dikenakan sanksi dengan membayar satu ekor kambing (anak pusako) dan satu ekor kerbau (sanak bapak/ibu). Penelitian ini dilakukan dengan menggunakan pendekatan yurudis-sosiologis pada masyarakat Lekuk Lima Puluh Tumbi Lempur, Jambi. Temuan penelitian adalah kawin sumbong tidak bertentangan dengan hukum positif dan hukum agama. Sanksi adat kawin sumbong dimaksudkan untuk memperluas tali persaudaraan. Hukum adat dan hukum positif dalam kawin sumbong saling bersinergi dan berjalan beriringan selama hukum adat tidak bertentangan dengan hukum positif yang berlaku.
This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.
Religious practices and understandings are not only expressed in the real world but also in cyberspace through several platforms. Social media is an alternative nowadays to spread religious ideas, one of which is through Youtube. Youtube as a platform that has several features and a wide reach is a medium used by ustadz to preach and spread religious ideas. However, the different scientific backgrounds possessed by each Ustadz and jama'ah who listened to lectures gives birth to an understanding that tends to truth claims and results in religious contestation. This paper wants to photograph the form of religious contestation on social media and the application of religious moderation for social media users. To analyze it, this study uses qualitative methods, in the process, the author uses a type of ethnographic research (ethnography) as an intermediary in finding available data on digital traces as well as literature (library research). This study focuses on some of the content in the Youtube account of Al-Bahjah and Khalid Basalamah Official as a data source, and the data obtained will be narrated descriptively. This research departs from the argument that in practice or understanding, it does not just appear out of nowhere. The phenomenon of religious contestation has internal and external factors that shape religious life and religious moderation as a solution to the existing phenomenon.
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