Fakta: Forum Aktual Ahwal Al-Syakhsiyah

Pesona Mahar Unik: Studi Pemberian Mahar Saat Akad Nikah Di Kabupaten Merauke

Ana Susanti — 2025-08-04

This research is motivated by the emergence of unique dowry giving by several couples in Merauke Regency during the Marriage Agreement. Therefore, the purpose of this study is to see what unique dowry is like and the factors that affect it. And then the practice of giving this unique dowry will be analyzed using Islamic legal theory in order to get legal findings in the practice of giving this unique dowry. This research was carried out with a field study through an empirical approach where data was obtained using interviews, observations and documentation. The findings show that the giving of a unique dowry in Merauke Regency during the marriage ceremony is the amount of money given by the groom to be to the bride. Where the amount of dowry money given is adjusted to the date of birth of the bride and the date of marriage of the two brides. Furthermore, the second finding is that the factors behind the giving of the unique dowry are the trend of modernization and the influence of information technology so that the bride and groom in Merauke Regency follow the trend style and information of the dowry. Then there is also a factor of pride with the giving of the unique dowry of the two married couples. By looking at the form of dowry that is uniquely applied and the factors that make the unique dowry carried out, this practice according to Islamic law is not contrary and allowed.

Epistemologi Harald Motzki dalam Kritik Hadis dan Relevansinya bagi Kajian Hukum Perkawinan Islam

Aisyatul Azizah — 2025-08-04

Hadith is the second primary source of Islamic law after the Qur'an and plays a vital role in shaping legal norms, including in matters of marriage law. However, certain hadiths used as legal foundations—particularly those concerning the age of marriage remain contested in terms of their validity and contextual relevance. In this regard, Harald Motzki’s methodological contributions are significant, especially through his isnād-cum-matn analysis and dating theory, which allow for a historical and textual tracing of hadith transmissions. This study employs a qualitative approach using library research to examine Motzki’s epistemology and its relevance to reinterpreting hadiths often used to justify child marriage practices. The findings suggest that Motzki’s approach reveals the dynamic nature of hadith transmission and opens the door for more contextual and just reinterpretations of Islamic law. Thus, Motzki’s epistemology is not only essential in the academic study of hadith but also strategically valuable in supporting the reconstruction of Islamic marriage law that aligns with child protection and the principles of maqāṣid al-sharī‘ah.

Efektivitas Proses Mediasi Perkara Waris Di Pengadilan Agama Blitar (Studi Kasus Nomor Perkara 1106/Pdt.G/2024/PA.BL)

PUTRI NAYLA FADLILATUL AZIZAH — 2025-08-04

Mediation is a dispute resolution process in which the parties involved try to reach an agreement with the help of a neutral and impartial mediator. This research discusses the effectiveness of the mediation process in inheritance cases at the Blitar Religious Court. This research aims to assess the extent to which mediation can function as an alternative dispute resolution, especially civil inheritance cases. This research uses qualitative methods and data collection uses observation, interviews and documentation or library research. The research results show that the mediation process at the Blitar Religious Court was able to resolve the settlement effectively and reach an agreement between the parties. However, this research also revealed several obstacles, such as resistance from certain parties and many parties who do not fully understand the benefits and mechanisms of mediation. They may consider litigation as the only way to resolve disputes, so they tend to be reluctant to try alternative approaches such as mediation. Overall, this research emphasizes the importance of mediation as an effective method of resolving legal conflicts, as well as transforming the capacity of mediators and increasing public awareness of the benefits. mediation in resolving disputes, especially civil cases. And in this case study, mediation was successfully carried out by reconciling the inheritance case with case number 1106/Pdt.G/2024/PA.BL