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Judicial Institution and Judicial Power: How Judicial Authority Existence in Administering Judicial Power in the Islamic View Sudirman L; Anwar, Wirani Aisiyah; Sunuwati, Sunuwati; Wahyu, A. Rio Makkulau
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.636 KB) | DOI: 10.35905/diktum.v20i2.3544

Abstract

The judiciary is very important thing to be paid attention, due to its effects on the integrity of the nation as well as state, even in the pre-Islam era up to current days. This study aims to expose the existence of the judicial institution`s authority in administering a judicial power. This research applied library method. The data collected form literature, and the analysis technique used the descriptive analysis based on the evidence of judicial institutions. The court is authority institutions which conduct a justice, trough examining and deciding cases of legal disputes or violations of laws. Wilayatul Hisbah whose main authority is to settle minor criminal acts which are do not require a judicial process in their settlement. In supporting this authority, there is such fatwa council, tahkim or arbitration institution that was held as an institution for implementing judicial power in Islam
Risk of al-Bai’ on Clove Seeds in Mappalla System Islamic Law Perspectives Anita, Anita; Fikri, Fikri; Sunuwati, Sunuwati
Al-Iftah: Journal of Islamic studies and society Vol 1 No 1 (2020): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (179.122 KB)

Abstract

This study focuses on al-bai’ on clove seeds in the system mappalla perspective of Islamic law. This type of research is qualitative. The research was conducted descriptively-qualitatively. The research location was conducted in Bukkere, Sidrap Regency. The results show that al-bai’ on clove seeds in the system m appalla performed by the people of Bukkere is a hereditary tradition that has become al-urf ; al-bai’ on clove seeds in the mappalla system found there is an element of gharar in Islamic law; al-bai’ on clove seeds in the system mappalla, can not guarantee a good growth that can harm one party.
Dwangsom: Investigate the Conceptual Basis of Religious Court on Child Custody Rulings L, Sudirman; Sunuwati, Sunuwati; Fasieh, Muh. Alim
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2500

Abstract

This study aims to investigate the philosophical underpinnings of the law regarding the issue of religious court judges' decisions regarding the right to control and care for children. Various Religious Court decisions cannot be obeyed voluntarily by the party controlling the child (the Defendant) because the mother provides the finest care for children under 12. Based on the decision of the party entitled to care for the child (Plaintiff), and according to the survey, several respondents found the decision to be hollow (illusion). It is a normative study with a conceptual approach that is then descriptively and qualitatively analyzed. Initially, the application of Dwangsom in child support cases was psychological pressure on the Defendant to voluntarily carry out the provisions of the decision and psychological protection for the child, according to the results. Despite this, Dwangsom must be provided upon request. Second, a court decision grants a Dwangsom petition, effectively legalizing the practice in cases of religious child-rearing. Thirdly, the Judge's approval of the Plaintiff's request to establish Dwangsom positively affects the renewal of Islamic family law in Indonesia because numerous decisions regarding child support are not made voluntarily.
Efektivitas Suscatin Terhadap Keharmonisan Keluarga Pada Kantor Urusan Agama Kecamatan Tubo Sendana (Studi Kasus Pasangan Di Bawah Umur Tahun 2020-2022) Sunuwati, Sunuwati
Sipakainge: Inovasi Penelitian, Karya Ilmiah, dan Pengembangan (Islamic Science) Vol 2 No 3 (2024): Sipakainge Special Issue: Multidisipliner
Publisher : IAIN Parepare

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Abstract

This study aims to evaluate the effectiveness of premarital courses in promoting family harmony at the Office of Religious Affairs in Tubo Sendana Subdistrict, focusing on underage couples during the period of 2020-2022. The research addresses two primary issues: the implementation of the premarital courses and the factors that support or hinder their execution. A qualitative research method with a field study approach was employed, where primary data were gathered through interviews with the local community and secondary data were collected from various literature sources. The findings indicate that the premarital courses were conducted in accordance with existing regulations; however, several obstacles were identified, including inadequate facilities and negative public perceptions regarding the importance of these courses. Supporting factors included the strategic location of the Office of Religious Affairs and the availability of competent instructors. Based on these findings, the study recommends improving the supporting facilities and intensifying public outreach to enhance understanding of the significance of premarital courses in fostering family harmony.