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<![CDATA[URUF DAN IMPLIKASINYA TERHADAP KEDUDUKAN NAFKAH ISTRI KARIR ]]>
<![CDATA[Alimuddin, Harwis]]>
<![CDATA[ Rausyan Fikr: Jurnal Studi Ilmu Ushuluddin dan Filsafat Vol 15 No 1 (2019): Januari - Juni 2019 ]]>
Publisher : <![CDATA[Fakultas Ushuluddin, Adab dan Dakwah, Institut Agama Islam Negeri (IAIN) Palu, Indonesia ]]>
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DOI: 10.24239/rsy.v15i1.413
<![CDATA[The law should be changed because of the changes in the public's ?urf. Changes to the law are built on the basis of benefit, needs and principles of Shari'a which always adjust to the conditions of society. In order to maintain the balance principle of the rights and obligations of a husband and wife, the rights and obligations of a husband should be adapted to the prevailing development of the ?urf. After being adapted to the ?urf, the results of this research indicated that the career wife?s living is not only obliged to the husband. Further more, the wife who has a career should participate in family income as a partner for her husband.]]>
<![CDATA[URUF DAN IMPLIKASINYA TERHADAP KEDUDUKAN NAFKAH ISTRI KARIR ]]>
<![CDATA[Alimuddin, Harwis]]>
<![CDATA[ Rausyan Fikr: Jurnal Studi Ilmu Ushuluddin dan Filsafat Vol. 15 No. 1 (2019): Januari - Juni 2019 ]]>
Publisher : <![CDATA[Fakultas Ushuluddin, Adab dan Dakwah, Institut Agama Islam Negeri (IAIN) Palu, Indonesia ]]>
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DOI: 10.24239/rsy.v15i1.413
<![CDATA[The law should be changed because of the changes in the public's ‘urf. Changes to the law are built on the basis of benefit, needs and principles of Shari'a which always adjust to the conditions of society. In order to maintain the balance principle of the rights and obligations of a husband and wife, the rights and obligations of a husband should be adapted to the prevailing development of the ‘urf. After being adapted to the ‘urf, the results of this research indicated that the career wife’s living is not only obliged to the husband. Further more, the wife who has a career should participate in family income as a partner for her husband.]]>
<![CDATA[Implication of Local Wisdom in Islamic Law Compilation Legislation ]]>
<![CDATA[Harwis Alimuddin]]>;
<![CDATA[Tahani Asri Maulidah]]>
<![CDATA[ Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/mh.v3i2.24982
<![CDATA[The approach of compromise with local customs (al-‘urf al-khāṣ) in formulation of KHI especially to anticipate the formulation of legal values which is not found in special nas (Koran and Hadits). While the values of the law has grown and evolved as an indigenous norm in the customs of Indonesian society. In addition, the practical level of local customs values that bring goodness and harmony in community life.The possibility of approaching compromise with local customs is not limited to the adoption of local culstoms law values to be adopted and made into Islamic legal provisions, the compromise approach includes also integrating the development of existing Islamic legal values with local customs legal values . The goal is making the provisions of Islamic law more closer to the value of life awareness in society (living law). This kind of methode can be expressed in a phrase: “Islamizing local customs and simultaneously bringing Islamic law into the local customs”.]]>
<![CDATA[PRINSIP KESEIMBANGAN HAK DAN KEWAJIBAN SUAMI ISTRI DAN PENYESUAIANNYA DENGAN BUDAYA LOKAL MENURUT HUKUM ISLAM ]]>
<![CDATA[Harwis Alimuddin]]>
<![CDATA[ Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Madura ]]>
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DOI: 10.19105/al-manhaj.v4i1.6263
<![CDATA[This study reveals the urgency of adjusting the rights and obligations of husband and wife to the local culture by using the principle of impartiality and obligation as a barometer of adjustment. The problem studied is the nature of rights and obligations in Islamic law discourse; local cultural relations with the rights and obligations of husband and wife in sharia texts; and the pattern of application of the principle of impartiality and the obligations of husband and wife. The data collection technique used is a literature study. The data were analyzed using lughawiyyah and istislahiyyah theories. This study concludes that the rights and obligations of husband and wife are not something rigid, but something flexible that can be adapted to local culture while maintaining the principle of equality and the obligations of husband and wife.]]>
<![CDATA[URUF DAN IMPLIKASINYA TERHADAP KEDUDUKAN NAFKAH ISTRI KARIR ]]>
<![CDATA[Harwis Alimuddin]]>
<![CDATA[ Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat Vol. 15 No. 1 (2019): Januari - Juni 2019 ]]>
Publisher : <![CDATA[Fakultas Ushuluddin, Adab dan Dakwah, Universitas Islam Negeri (UIN) Datokarama Palu, Indonesia ]]>
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DOI: 10.24239/rsy.v15i1.413
<![CDATA[The law should be changed because of the changes in the public's ‘urf. Changes to the law are built on the basis of benefit, needs and principles of Shari'a which always adjust to the conditions of society. In order to maintain the balance principle of the rights and obligations of a husband and wife, the rights and obligations of a husband should be adapted to the prevailing development of the ‘urf. After being adapted to the ‘urf, the results of this research indicated that the career wife’s living is not only obliged to the husband. Further more, the wife who has a career should participate in family income as a partner for her husband.]]>
<![CDATA[The Urgency of Fiqh Rules Regarding Differences in Eid al-Adha Determination in Indonesia ]]>
<![CDATA[Harwis Alimuddin]]>;
<![CDATA[Khairil Anwar]]>
<![CDATA[ Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/mh.vi.30132
<![CDATA[Variations in Eid al-Adha determination is due to the differences in ascertaining the beginning of the Islamic month of Zulhijjah. Furthermore, the discrepancies in establishing the beginning of the Zulhijjah month are due to differences in maţla, which is the location where the new moon appears, as well as variations in the reckoning and ru'yah methods. A qualitative method was used for evaluating, characterizing, and exposing its findings. The method of data collection was literature review, which aims to investigate the origins of differences and discover a compromise solution to decrease or eradicate these variations, or at least to comprehend those that cannot be eliminated. The results showed variations in the location from which the new moon is viewed as well as the methodologies used lead to differences in establishing the beginning of the Zulhijjah month. This leads to differences in the schedule of holidays. Therefore, determining the beginning of the Zulhijjah month needs to be carried out by the leader of the jurisdiction or legal area. There are also disparities in holiday determination due to differences in jurisdictions which cannot be avoided. Hence, the government's decision of one jurisdictional area can remove discrepancies in its territory ḥukm al-ḥākim yarfa'u al-khilāf.]]>
<![CDATA[The Urgency of Maqāshid al-Syarīah in Strengthening Religious Moderation in Aceh ]]>
<![CDATA[Husamuddin MZ]]>;
<![CDATA[Harwis Alimuddin]]>
<![CDATA[ Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/al-risalah.vi.29781
<![CDATA[Understanding religion (fiqh al-din) is more specific than just knowing religion (al-'ilm bi al-din). Understanding religion will not be realized except by knowing the content and secrets of religion. The science that includes understanding the intentions contained in religious texts is in the study of maqāshid. Among the ways to produce a moderate understanding is to combine particular texts (nashus juz'iyyah) with global intentions (maqāshid kulliyyah). Then the principle that is used as the basis for understanding the text is to look at the difference in meaning in worship and muamalah and distinguish between fixed goals (maqāshid) and changing means (wasīlah). As a sharia area, minorities live in peace in Aceh, there is no conflict between Muslims and non-Muslims. However, the problem has occurred in the internal circles of Muslims in the last ten years as a result of the religious understanding of the Acehnese Muslims. Therefore, it is necessary to look at the concept of moderation in Islamic studies and how urgent the maqāshid al-syarīah approach is to strengthening religious moderation in Aceh. This research is field research with qualitative methods, while the data analysis uses descriptive-analytic with the maqāshid al-syarīah approach. The results show that religious moderation in Islamic studies is not a new thing, known as wasathiyah al-Islām. Then there are not a few who think that the internal moderation of Muslims in Aceh has not been going well and there is still a need for further strengthening and socialization related to religious moderation.]]>
<![CDATA[ROSCOU POUND: HUKUM SEBAGAI ALAT REKAYASA SOSIAL (KETERHUBUNGANNYA DENGAN KAIDAH LA YUNKARU TAGAYYUR AL-AHKAM BI TAGAYYURI AZZAMAN) ]]>
<![CDATA[M. Yusuf Yahya]]>;
<![CDATA[Harwis Alimuddin]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v2i2.22
<![CDATA[This study aims to reveal the relationship between Roscou Pound's thoughts and the rule of la yunkaru tagayyur al-ahkam bi tagayyuri azzaman. This study uses a qualitative approach in explaining, describing, and analyzing in-depth the research results. The data collection technique used is a literature study. This study concludes that the Roscue Pound theory; law is a tool of social engineering, contributes that the law is not imperative to society. Law is seen as having a role to change human behavior in accordance with the circumstances, and socio-cultural, dynamics of society. The law is not seen as a rigid, elastic law, this is also an emphasis on the rule of la but yunkaru taghayyur al-ahkam bi taghayyuri azzaman. Roscue Pound's theory also, Sociological Jurisprudence, has the same direction, that society has individual and collective roles in the implementation of applicable law. Positive law will only be effective if it is in harmony with the laws that live in society. Like Roscue Pound's theory, the theory in fiqh rules also opens up legal changes in society on the basis of differences in culture, different habits and customs.]]>
<![CDATA[PRAKTIK POLIGAMI TANPA IZIN DI BACAN TIMUR HALMAHERA SELATAN ]]>
<![CDATA[Ahmad Abdullah Coronas]]>;
<![CDATA[Abu Sanmas]]>;
<![CDATA[Nirwan Umasugi]]>;
<![CDATA[Harwis Harwis]]>;
<![CDATA[Fatum Abubakar]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v3i1.48
<![CDATA[The practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study aims to find the main issues that underlie the occurrence of the practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study is field research. The research method used is descriptive qualitative research, namely a type of research that provides a systematic and factual description of situations and events regarding factors, characteristics and relationships between phenomena, with theoretical, normative and empirical juridical approaches. This study concluded that the implementation of polygamy without a permit in East Bacan District was carried out through cases of premarital pregnancy and coupled with low public awareness regarding the importance of marriage procedures. The limited budget and human resources owned by the East Bacan District KUA in conducting outreach to the people of East Bacan District have triggered the lack of attention from the Office of the Religious Affairs Office of Bacan District to minimize the incidence of polygamy without a permit in East Bacan District. The implementation of polygamy without a permit in East Bacan District had legal impacts, including the weak legal status of marriage, the absence of birth certificates for children born in polygamous marriages without permission.]]>
<![CDATA[KEDUDUKAN IZIN ISTRI DALAM POLIGAMI: Analisis Teori Perubahan Hukum dengan Perubahan Sosial ]]>
<![CDATA[Harwis Alimuddin]]>;
<![CDATA[Zulkarnain Abdurrahman]]>
<![CDATA[ AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023 ]]>
Publisher : <![CDATA[IAIN BONE ]]>
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DOI: 10.30863/as-hki.v5i1.4003
<![CDATA[Wife's permission for polygamy is not a requirement in classical fiqh. The Compilation of Islamic Law and the Marriage Law in Indonesia makes a previous wife's permission a condition for polygamy. Therefore, the wife's permission requirement is a condition resulting from the ijtihad process of Indonesian scholars which is adapted to the social and cultural structure in Indonesia. This research is expected to be a consideration for legal changes that support the principle of open monogamy in Indonesia. This study concludes that through an analysis of the theory of legal change with social change, even though the wife's permission in the classical period was not a requirement for polygamy, the wife's permission in the modern context must be used as a condition for polygamy permission. Changes in the social structure from a patriarchal culture that places the wife as the husband's subordinate to a social structure that places the wife as the husband's partner requires a change in the position permitted by the wife in polygamy. The wife's permission which is only used as a complementary requirement, an administrative requirement (min syurut} al-kamal) can turn into a legal condition for polygamous marriage (min syurut} al-s}ihhah).This is due to the consideration that polygamy which does not get the consent of the previous wife in the context of modern culture which places the wife as the husband's partner, can bring successive losses to the rights of the wife and children born from a polygamous marriage. Polygamy without the wife's permission causes it to be considered illegal by the state. The implication is that the interested parties will not be able to claim their rights in the future]]>
