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Aulia Daisy Arsy Syafitri; Devina Lutfa Dianti; Nadila Salsavira; Renny Oktafia

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

The Islamic Financial Sector (IFS) is a rapidly growing sector in the Islamic economy. IFS operates on Islamic law, so it must always adhere to Islam. IFS plays a crucial role in implementing Islamic principles aimed at helping society achieve prosperity, honesty, and fairness through a profit-sharing system. One of the key players in the Islamic financial sector is Islamic banking, which has a low credit risk, resulting in a sufficient margin for MSMEs. MSMEs, also known as Usaha Mikro Kecil dan Menengah (UMKM), are a type of productive business owned by individuals or corporations and regulated by Law No. 28 of 2008. UMKM has a significant role in Indonesia's economy. This potential is what motivates Islamic banks to facilitate the provision of loans to MSMEs. As time passes, Islamic banks have become capable of supporting MSMEs, which in turn attract MSMEs to conduct transactions at Islamic banks.

Ahmad Januarsyah; Iliyanti Iliyanti; Husein Bafadhal

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The background to the problem of this research is looking at the habits of the people of Rambutan Masam Village, which to this day still preserve the tradition of the Ngebeng Dance, where the dance shows men dancing in a bancian style, plus the costumes and make-up of the men are really made to resemble Woman. The main problem in this research is: what is the process of implementing the Ngebeng Dance tradition in Rambutan Masam Village, and what is the perspective of Islamic law on this problem.This research is a field research conducted in Rambutan Masam Village. The population is several people who understand the history of the ngebeng dance, such as heads of traditional institutions, community leaders, while the sampling technique used was purposive sampling, namely 10 people who were directly involved. in the implementation of the ngebeng tradition and the researchers interviewed directly. Because to get data in the field it is collected by observation and interviews. Next in analyzing. The data writer used an empirical juridical approach method, because in discussing the research problem he used legal materials, both written and unwritten laws or both primary legal materials and secondary legal materials.The results of the research show that the process of implementing the ngebeng dance tradition is still preserved to this day and still maintains the content of the dance as taught by the ancestors, where men in the dance are dressed in such a way as to resemble women. So this dance tradition according to Islamic law is haram even though it aims to entertain.

Ratna Ayu Wijayanti; M.Arief Safi’i; Riki Zogik Firmansyah; Mirza Hisyam Maulana; Renny Oktafia

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

This research focuses on the implementation of the Al Wadiah concept in the State Savings Bank (BTN) in Indonesia. The concept is based on Islamic law and deals with trust and custody. The bank has integrated Al Wadiah into its savings services and manages customer funds in accordance with Sharia regulations. This study uses secondary data to analyze the implementation. The study found that BTN offers a range of savings products that emphasize the security of deposited funds. The study also identified challenges and opportunities faced by the bank in implementing the concept. These challenges include regulatory changes, educating the public and a comprehensive understanding of Sharia principles. Despite these challenges, there are opportunities for BTN to expand its range of Sharia-based services and increase public confidence in the financial system.

Nopiana Mozin; Jamaludin Jamaludin; Najamudin Najamudin

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

The relationship between traditional Islamic jurisprudence (fiqh) and modern international human rights norms has long been characterized by debate and tension. Islamic law is commonly perceived as divinely grounded and normatively authoritative, whereas human rights frameworks are often viewed as secular, universal, and rooted in modern legal philosophy. This perceived dichotomy has contributed to the widespread assumption that Sharī‘a and human rights are inherently incompatible, particularly in sensitive areas such as gender equality, freedom of religion, and minority rights. Reassessing this tension is especially important for Muslim-majority societies that must reconcile religious legitimacy with global human rights obligations. This study explores the potential for harmonizing classical Islamic jurisprudence with contemporary human rights norms by identifying shared values, points of divergence, and feasible pathways for integration. Using a qualitative normative legal approach, the research employs doctrinal analysis of primary Islamic legal sources alongside international human rights instruments, supported by comparative analysis of key rights, including the protection of life, religious freedom, and gender equality. Interpretative analysis is applied to examine how classical and contemporary Islamic scholars conceptualize human rights within the Sharī‘a framework. The findings reveal substantial convergence between Islamic law and human rights norms, particularly in their shared emphasis on human dignity, justice, equality, and social welfare. While interpretative tensions persist, they are largely shaped by contextual and institutional factors rather than by the core ethical objectives of Islamic law. Integrative approaches grounded in ijtihad, maṣlaḥa, and maqāṣid al-sharī‘a offer constructive pathways for harmonization.

Annisa Rahmah; Fatimah Zahara; Ika Permata Bunda; Gusmaneli Gusmaneli

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Education is a conscious effort that is held to explore and develop human capabilities so that a transformation occurs, both in terms of knowledge, behavior, or norms that have been set. Islamic education is different from other education because its size does not only look good or bad. Islamic education must be based on the Koran, which in Islam functions as the main source of law. In addition, Islamic education must also be based on the hadith. The final achievement is that humans have skills in aspects of education that are in harmony with these two main sources of law. So, the final goal is not just to change behavior, or thinking power, but everything must be in tune with the guidance of the Koran and Hadith. Educational and teaching activities can achieve success if supported by good components. Among the main components is the method. That is the way that must be taken by a teacher in educating his soul so as to achieve goals that are in line with the guidance of the Qur'an and Sunnah. The use of appropriate methods will largely determine the outcome of the education and teaching process. Thus, educators must be skilled at choosing and using methods to match the material and teaching material. Not to forget, as educators need to pay attention to several principles in the use of methos,so that teaching methods will lead to successful teaching    

Sulis Tyaningsih; Yurna Yurna

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

The study discussed in this study is a library study that seeks to present descriptively with methods of qualitative and library research, i.e. library-based research, in the process of data collection, researchers conduct research and analyze library sources obtained from the theories of literary books. (library research). The result of the study of the library obtained there was a gap between the desired idealism and the reality in its implementation; 1) Islamic law idealism offers principles that are fair, fair, and based on Islamic moral values. However, in the reality of its implementation, there are challenges that result in the gap between such idealism and reality. Factors such as varied social, political, cultural, and interpretation of Islamic teachings affect the gap between idealism and the reality of the Islamic law. These factors can hinder the implementation that corresponds to the desired idealism. 3) The impact of the gap between idealism and the reality of Islamic law is visible in societies, where there is sometimes an inconsistency between public expectations of fair implementation and realities that do not meet those expectations. This can lead to dissatisfaction, injustice, and social tension. 4) To overcome this gap, efforts involving various parties are needed, including religious leaders, Islamic law scholars, legal practitioners, and the general public. In this regard, a deeper understanding of Islamic teachings, the strengthening of justice institutions, the involvement of society in the process of law-making, and the promotion of dialogue and understanding between groups can be effective measures. Building understanding and cooperation between religious leaders, Islamic law scholars, and legal practitioners with the general public is key in strengthening the implementation of Islamic Law in accordance with desired idealism. It is essential for the implementation of Islamic law to justice, sustainability, and well-being for society.

Nilpa Safitri Daulay

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to determine defects in marriage from an Islamic legal perspective. And to understand the concept of marriage fasakh due to a flawed Islamic legal perspective. This research was carried out using library research and paying attention to the field (Field Research). The results of the research show that defects in marriage from an Islamic legal perspective are physical and spiritual defects that cannot be removed or can be removed but only in a long time. Among the diseases specific to men: (1) Jabb/castration, namely cutting off the genitals (penis) and both testicles. (2) Unnah/impotence. (3) Khusha', namely cutting, finding or removing both testicles, without cutting the penis. And defects specifically for women are (1) Ratq, namely blockage of the vaginal canal, (2) Qarn, namely the presence of something that protrudes and blocks the vaginal canal. (3) 'afal, namely the appearance of foam in the vagina. (4) Ifdha, namely the mixing of the sexual canal with the urinary tract, or the mixing of the sexual canal with the anal canal. (5) Istihadhah. The defects that exist in men and women are (1) madness, (2) Leprosy (juzam). (3) Leprosy (baras), (4) Bakhar disease (foul-smelling mouth) and Sunan (foul-smelling sweat. And Imam Ahmad made transvestism a defect which causes marriage fasakh. The concept of marriage fasakh is caused by a defect in the perspective of Islamic law, which is to sever ties of relationship. between husband and wife. This occurs because the conditions are not fulfilled when the marriage contract takes place. In the Hanafi and Maliki schools of thought, this divorce is categorized as thalak ba'in and cannot be reconciled, and according to the Syafi'i and Hanbali schools it is stated that separation between the husband and a wife who is caused by an illness or defect is called fasakh, not thalak (divorce carried out by the husband). And if the defect is known before marrying her, he may divorce her and he is not obliged to pay the dowry.

Fisterina Wardani; Achmad Denny Maulana; Kinanti Citra Prasasti; Dinar Kristina Kusumawati; Amelia Dwi Callista +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.

Anida Nur Fajri; Madian Muhammad Muchlis

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Sharia economics is an economic system based on the principles of Islamic law or sharia. These sharia principles cover many aspects such as peace, contentment and satisfaction with Islamic teachings. In the context of sharia economics, buying and selling transactions must be in accordance with Islamic principles and involve moral and ethical aspects. The aim of this research is to find out how important it is and how much people understand Islamic economics. It is equally known that many people have opinions or think that Islamic economics is wrong, and has many principles, etc. This research used a qualitative descriptive method, and data collection was carried out by direct observation and interviews with several sellers there. So the results of this research are that around 90% of sellers in the Rawamangun area use sharia economics in buying and selling transactions, on average they use sharia economic principles from the first time they trade, because according to them by using sharia economic principles, transactions buying and selling becomes fairer and better.

Kafrawi Kafrawi; Muhammad Ilyas; Mulyadi Mulyadi; Abdul Syahid; Fahrina Yustiasari Liriwati

Jurnal Hasil Kegiatan Bersama Masyarakat 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Training on handling corpses according to Islamic law is an in-depth activity in a religious and humanitarian context. This article discusses the importance of this training in understanding, respecting and carrying out funeral arrangements in accordance with Islamic teachings. This training provides the basic knowledge, practical skills, and cultural and ethical understanding needed to carry out the task of handling corpses properly. In addition, this article highlights the important benefits of Student Creativity Program (PKM) activities in expanding religious understanding, increasing respect for religious values, and empowering communities to play an active role in funeral services in accordance with Islamic guidelines. Through these efforts, we can create a society that is more aware of their religious practices, respects traditions, and applies Islamic teachings with full respect in the care of corpses.

Muhammad Muttaqin; Muhibban Muhibban; Muhammad Misbakul Munir; Nurul Amalia

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to evaluate the legal aspects of both Islamic and conventional laws regarding the remuneration provided to preachers invited by Masjid Raya Aziziyah Secanggang. Preachers play a crucial role in guiding individuals towards goodness and deterring them from evil, as per the teachings of the Quran. The study has two primary objectives: to examine the remuneration system for preachers in the mosque and to analyze the perspectives of Islamic and conventional laws on this system. The research methodology employed is qualitative-descriptive with a field approach, utilizing interviews, observations, and documentation as data sources. The findings indicate that Masjid Raya Aziziyah Secanggang compensates preachers through two methods: direct payment without a formal agreement and through a written agreement. From an Islamic legal standpoint, remuneration for preachers can be considered a permissible (mubah) form of appreciation or gratitude. In terms of conventional law, the remuneration system aligns with the regulations outlined in the 2023 Job Creation Law. This research underscores the importance of maintaining compliance with both Islamic and conventional legal aspects and ensuring collective benefits to uphold a fair and justified remuneration system for preachers at Masjid Raya Aziziyah Secanggang. Mutual respect for rights and responsibilities is crucial to enhancing the quality of this remuneration system.

Hayatun Nufus; Penmardianto Penmardianto

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Da'wah in its implementation encounters obstacles and da'wah problems. This research is motivated by the problematic da'wah faced by the salafi congregation in Tanjung Pauh, Pangkalan Koto Baru Subdistrict on the implementation of da'wah which is not going well. Backgrounded by the state and background of human resources both in terms of education and cultural background. There are still many people who have not fully implemented Islamic law and there are still many people who commit actions that deviate from Islamic teachings such as gambling, drinking alcohol, many people who have not and or neglect prayer, lack of social boundaries between young men and women, still lack of parents who teach their children about Islamic values in everyday life. The type of research used is field research with a descriptive qualitative approach. The data collection used is observation, interview, and documentation. The results of the research are the problematic da'wah of the salafi congregation in Tanjung Pauh, Pangkalan Koto Baru District, Limapuluh Kota Regency, which consists of the problematic maddah (da'wah material), namely from da'wah material that is less adapted to the background of the community. Second: problematic thariqah (method of da'wah), namely in terms of the method of da'wah al-mujadalah al-ahsan.

Ade Zuki Damanik

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

A study of business validity can help to understand the legal and regulatory structures that govern the operation of a sharia business, while sharia economic law can provide valuable perspectives on the principles and rules that govern business operations. Understanding the relationship between these two fields can help identify potential challenges and opportunities for sharia, as well as help to identify best practices and case studies that can help Sharia overcome challenges and take advantage of opportunities. This type of research is a descriptive qualitative approach by applying library research methods (library research). The results of the research are used as a determining factor in choosing or rejecting an idea or proposal for a project or undertaking being planned. Meanwhile, Shariah economic law refers to an economic legal system based on Islamic principles and values. In the study of business viability, there are several evaluation factors that need to be considered, such as legality, marketing, and financial aspects. In the context of Shariah economic law, there are several principles that include the Foundations of Mu'awanah, Musyarakah, Manfaah, Antarodhin, Adamul Gharar, Musawah, Ash Shiddiq, Ownership, Governance, and Bir wa Taqwa.

Luluk Fatimah

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This study aims to describe the impact of the implementation of Fiqh learning on students' prayer discipline at MTs Darul Ulum. Fiqh learning in madrasahs aims to guide students in recognizing, understanding, and practicing Islamic law in everyday life. The method used in this study is qualitative with a descriptive design. Data were collected through interviews, observations, and documentation. The validity of the data was tested by extending observations, increasing the accuracy of the research, as well as data triangulation and the use of relevant references. Data were analyzed through the stages of data collection, data reduction, data presentation, and verification of conclusions. The results showed that the implementation of Fiqh learning had a positive effect on increasing the discipline of Dzuhur prayer worship for grade VII students at MTs Darul Ulum. Students can get used to performing obligatory prayers according to the teachings of the Fiqh teacher, with the development of increasing academic values, especially in the Fiqh subject, and showing an attitude of responsibility and obedience in performing obligatory prayers.

Revaganesya Abdallah; Djanuardi Djanuardi; Betty Rubiati

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Divorce has legal consequences for the relationship between husband and wife, property, and children resulting from the marriage. Especially for children from marriage, it gives parents the obligation to maintain and educate their children. However, specifically child maintenance after divorce according to Islamic Law and the Marriage Law is the obligation of a father to his child. Case Study Research on Salatiga District Court Decision Number 102/PDT.G/2021/PN. Slt. a child filed a lawsuit against his father for post-divorce maintenance, however, the lawsuit was rejected by the Panel of Judges of the Salatiga District Court. Therefore, this study aims to determine the responsibility for fulfilling the father's maintenance of a child after divorce and the legal remedies that a child can take when the right to post-divorce maintenance is not fulfilled by using the research method, namely, the normative juridical approach method and analytical description research specifications, namely to examine events as the object of research guided by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method uses qualitative juridical which results in descriptive data analysis.

Zainuri Zainuri; Rizal Maulana; Ali Aminullah

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Most of the Indramayu area is rice fields. The agricultural land cultivation system uses a paroan system (profit sharing system). The cooperation agreements usually made by the community are verbal, not in writing, this has become the community's habit. The aim of the research is to determine the practice of rice farming cooperation in Gantar Village, Gantar District, Indramayu Regency and to examine whether the practice of agricultural cooperation is appropriate according to Islamic law. This research uses a qualitative approach. Data collection techniques in this research are observation, interviews and documentation. Data was processed and analyzed using qualitative descriptive methods. The results of the research state that the practice of rice farming cooperation in Gantar Village, Gantar District, Indramayu Regency uses a profit sharing system. Farmers are required to become members of the Association of Farmers Supporting Food Security (P3KPI), their agreement is executed in writing, all capital is from the rice field owner, the harvest is divided in half after capital is deducted and the harvest is purchased by the rice field owner. According to Islamic law, the practice of agricultural cooperation with a profit sharing system in Mekarjaya Village, Gantar Subdistrict, Indramayu Regency is permitted, because the agreement has fulfilled the pillars and legal requirements of muzara'ah.

Wahyu Ningsih; Julia Amanda; Siti Nurhalimah

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to find out how to apply the characteristics of Sidiq Rasulullah Sallallahu alaihi wassalam with children of this age. This old age child is the age to form the character of a human being. It is this character who will become a personality when he has grown up. One of the characteristics that must be instilled in children of this age to form good character traits is honesty. The nature of honesty is a trait that must be owned by children of this age in accordance with what has been taught by the Prophet Muhammad. Therefore, it is necessary to study about the application of the characteristics of the Shiddiq Rasulullah to these children of this age. This research uses the library research method which examines the object of the study and uses several mother-books as sources of data and also various available literature. The results show that the application of the Shiddiq Prophet's characteristics can be implemented in young children of this age. This implementation will make children of this age become honest individuals in accordance with Islamic religious law. By imitating the characteristics of Shiddiq Rasulullah in terms of being honest, children of this age can behave kindly towards people and the environment around them, they will like themselves. One of the honest qualities of the Prophet Muhammad, who could be emulated by children at this early age, was the Prophet who always said what was true in his actions, such as in preaching. Therefore, from that point on, the writer hopes that the people around this young child can apply the characteristics of the Prophet Muhammad to this young child.  

Restu Teguh Imani; Moh. Imam Mahmudin; Yuli Agung Nugroho; Lintang Zufar Satyanagama; Nur Rofiq

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

Religious Courts in Indonesia have unique, complex and interesting aspects, reflecting the diversity of religions and cultures in society. This uniqueness includes the legal basis, the role of religious courts in resolving religion-based conflicts, as well as the various challenges faced in ensuring justice. Religious Courts also present unique and interesting dynamics in the state justice system. The uniqueness of Religious Courts lies in the harmonization of religious law and national positive law, creating a unique and often complex legal framework. This article aims to describe and analyze the unique aspects of religious justice in Indonesia. With a deeper understanding of these challenges, efforts can be directed towards improving and developing the religious justice system so that it remains relevant and effective in handling legal conflicts related to religious aspects in Indonesian society. This research examines the implementation of unique aspects in the religious justice system in Indonesia. The religious justice system in Indonesia has unique characteristics that reflect various cultural, religious and social dimensions in a country with a diverse population. As a country with a majority Muslim population, religious courts play an important role in enforcing family and marriage laws based on Islamic law. This study underlines the importance of understanding the unique aspects of religious justice in Indonesia in the context of a legal state based on the supremacy of law. Ensuring a balance between local values, religion, and national positive law is a complex task, but essential to achieving justice in Indonesia’s rapidly evolving religious justice system.

M. Iqbal; Basania Nasution; Dina Maharani; Khairan Tuahdi

Jurnal Publikasi Ekonomi dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Good Corporate Governance is the most well-known principle in the world for maintaining the integrity of world organizations. Almost all international locations in all countries adhere to the foundation of building responsibility and openness. Unfortunately, in its application, GCG does not explain the values ​​of stakeholders. The study aims to reconstruct GCG (OECD version) and look for a more appropriate Sharia Concept. Of course, this will provide a solution to the problem itself. After analyzing the values ​​and character of SET, we built a modern GCG positioned on Islamic concepts. These concepts are; One; deeper sympathy from stakeholders, second; principles regarding stakeholder rights: third, equality in stakeholder behavior, fourth, the principle of openness, finally, regarding corporate accountability.Weak GCG practices in Indonesia are caused by the low level of protection for investors, law enforcement, transparency and ineffective public company audit committees. This condition strongly encourages the need for effective and efficient global corporate governance. Islamic Corporate Governance The Islamic perspective lies in the Islamic Company Theory which has greater concern for wider stakeholders which include God, humans and nature. The difference in goals between conventional Corporate Governance and Sharia GCG which tends to adhere to Sharia Enterprise Theory (SET). SET equates material and spiritual values. This shows that Sharia GCG does not only achieve material benefits, but also spiritual values. SET also equates egoistic values ​​with altruistic values, which in Islamic law are realized in the form of worship.

Muhammad Yusril; Mhd Dayrobi; Hilal Haitami Harahap; Zainul Fuad

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Some people still think that everything contained in the books of fiqh is sacred and no one is competent to change it. In fact, the tendency that occurs is that it is very difficult for them to accept the changes that occur in society today. Various ideas for reforming Islamic law have also colored the dynamics of Islamic legal thought in Indonesia, which is essentially the response of Islamic legal thinkers to modernization and development. Thus, this journal will discuss Polarization, Dualism and the Dynamics of Islamic law in Indonesia. This research uses qualitative research with a literature data or literature study approach. The data collection method is by using literature (libraries) from the books Treatise on Marriage Law, National Marriage Law, and the Struggle for Islamic and Customary Law in Indonesia. The research results show that there are two currents of thought which then give rise to dualism and pluralism of sirri marriage law in Indonesia. First group. states that a marriage/marriage is actually valid if it fulfills the pillars and conditions as stipulated by religious teachings. However, the second group states that even though a marriage/marriage has been carried out in compliance with the pillars and requirements according to religious provisions, it is still considered invalid before the law as long as it has not been registered and authentic evidence of the marriage event has not been obtained.