INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY

A Critical Study of the Permissibility of Viewing Perspective Spouse Woman Being for Merriage

2026-10-29T06:24:18+00:00

This study employs a qualitative research approach using the library research method. Data were obtained from primary and secondary sources, including classical and contemporary fiqh books, works on usul al-fiqh, as well as literature on maqashid al-shariah and qawaid fiqhiyyah. The approaches employed were maqashid al-shariah and qawaid fiqhiyyah to understand Islamic law comprehensively, not merely from a textual perspective, but also by considering the objectives and welfare underlying Islamic legal rulings. The findings show that the permissibility of looking at a woman who is being proposed for marriage is recognized by all Mazhabs of fiqh, although the permissible limits differ. The majority of Mazhabs restrict such viewing to the face and palms, while Mazhab Hanafi and Mazhab Hanbali provide limited flexibility. Meanwhile, Mazhab Zhahiriyah permits a broader scope based on a textual approach. From the perspective of maqashid al-shariah and qawaid fiqhiyyah, particularly hifz al-'ird and the legal maxim al-darar yuzal, such permissibility should be understood proportionally and preventively.

Reconstruction of Marriage Guidance and Its Relevance to the Resilience of Sakinah Families in Palu City: A Maqāṣid al-Sharī‘ah Perspective

2026-10-29T06:24:18+00:00

This study is motivated by the limited effectiveness of premarital guidance as a preventive instrument for strengthening family resilience in Palu City. Although the program is normatively supported by policy and religious foundations, empirical findings reveal a gap between program design and its implementation. This condition highlights the urgency of reconstructing premarital guidance to better respond to the real needs of families.The study aims to reconstruct premarital guidance and analyze its relevance to family resilience from the perspective of maqāṣid al-sharī‘ah. This research employs an empirical qualitative approach through in-depth interviews, observation, and documentation involving program administrators, facilitators, and participants. Data were analyzed thematically to identify implementation patterns and program effectiveness. The findings indicate that program effectiveness is influenced by limited resources, predominantly normative approaches, and weak evaluation and sustainability mechanisms. The impact of premarital guidance on strengthening family resilience remains limited. Therefore, reconstruction based on maqāṣid al-sharī‘ah is required through strengthening institutional actors, developing contextual materials, and applying participatory and sustainable methods. Such reconstruction is expected to enhance the preventive function of premarital guidance in building systemic family resilience.

Islamic Law Perspective On Marriage In Tradition Popake Borle and Mogolyondigi In Buol Regency

2026-10-29T06:24:18+00:00

This study uses a qualitative research method with a semiotic analysis of Charles Sanders Pierce using the typology of Pierce's sign. The data in this study were collected through in-depth interviews, observation, documentation. Data collection techniques used three stages of testing: representamen, object, and interpretation. As for some of the informants in this research stage, namely humanists, and community leaders. From the results of the research carried out, it was revealed that the preparation and procession in the popake bore and mongoyondigi cultural ceremonies are Buol customs whose implementation using Cappucci leaves is a form of hope and prayer, for the welfare and happiness of the prospective bride and groom, which is assembled in a single word summary of nine kinds of equipment: Pillows, sarongs, coconut buds, bananas, brown sugar, coconut oil, pacci leaves, rice, candles, pacci holders, eggs. Thus the meaning contained in the equipment in the mongoyondigi ceremony is always carried out at every wedding of the Buol community. Pacci leaves are a type of plant in Indonesian, henna plant (henna) and in Latin, it is called Lawsonia alba which means to clean or purify oneself. Thus, the implementation of the pope bore and mongolyondigi ceremonies contain symbolic meanings of cleanliness or holiness aimed at cleansing the soul and body of the prospective bride and groom before navigating the household ark. The uniqueness of this tradition is seen in the social stratification in the mongoyondigi procession, namely the provision of several pieces of sarong. The meaning is contained in the Pangkep process because it contains good meaning and purpose.

A Juridical Review of Efforts to Resolve Land Ownership Disputes within the Constitutional Framework of Indonesian Constitutional Law

2026-10-29T06:24:18+00:00

Indonesia is one of the manifestations of an agrarian country because it has extensive agricultural land. The government provides protection under Article 33 paragraph (3) of the 1945 Constitution. The Basic Agrarian Law (UUPA) is one of the laws and regulations that serves as an implementing instrument of that article. The UUPA contains provisions governing land ownership. Although legal certainty has been guaranteed through the UUPA, disputes over land ownership rights remain a social problem that has never subsided. Therefore, this study formulates two research questions. First, a juridical review of efforts to resolve land ownership disputes under Indonesian law. Second, the relationship between efforts to resolve land ownership disputes and the constitution within Indonesian constitutional law. To address these issues, the researcher employs normative legal research (legal research) and a statutory approach (statute approach). Efforts to resolve land ownership disputes under Indonesian law can be undertaken through non-litigation channels, administrative procedures at the National Land Agency (BPN), litigation through the judicial system, and Alternative Dispute Resolution. The legal instruments used as references in resolving these disputes are Book II of the Burgerlijk Wetboek (BW), the Basic Agrarian Law (UUPA), the Herzien Inlandsch Reglement (HIR), the Rechtsreglement voor de Buitengewesten (RBG), and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. When associated with the concept of the constitution in Indonesian constitutional law, the establishment of all these legal instruments is based on Pancasila. This refers to the theories of absolutism, stufentheorie, and theorie von Stufenbau.

Optimalization of the Application of The Law Number 23 of 2004 on The Removal of Violence In The Household Perspective of Maqāṣid Al-Syarī`Ah

2026-10-29T06:24:18+00:00

The phenomenon of Domestic Violence (KDRT) itself is very contrary to the goals of Sharia, namely Maqāṣid Al-Syarī`ah and the principle of mu'asyarah bil ma'ruf, namely relations between husband and wife that are equal, harmonious and mutually respectful. Primarily, this research uses maqāṣid Al-Syarī`Ah Jāsir ʿAudah which is reoriented towards safeguarding, preserving and developing human resources, so it is important to optimize regulations and see their actualization, especially in the Women's Empowerment and Child Protection Department of Palu City. The aim of the research is to understand the optimization of the application of Law Number 23 of 2004 to legal protection efforts in the Palu City Women's Empowerment and Child Protection Service and analyze it using Jāsir ʿAudah's maqāṣid al-syarī`ah theory. In research using a qualitative approach, data collection techniques are through observation, interviews, and documentation, data analysis techniques used are data reduction, data presentation, and drawing conclusions. From the research results, it was found that the implementation of prevention, treatment and recovery measures carried out by the City Women's Empowerment and Child Protection Service was in accordance with Law Number 23 of 2004 which includes socialization strategies and legal protection. Even though the review of maqāṣid al-syarī`ah has been integrated in the implementation of this law, there is a need for more effective synergy between legal protection and fulfillment of the principles of maqāṣid al-syarī`ah to achieve optimal protection goals.

Pre-Marital Health Guidance from the Perspective of Maqāṣid al-Sharī‘ah in Pasangkayu District

2026-10-29T06:24:18+00:00