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All Journal AL-Daulah Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam El-Iqtishady Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah DIKTUM: JURNAL SYARIAH DAN HUKUM
Musyfikah Ilyas
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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FAKTOR SOSIAL BUDAYA DAN ATURAN PERUNDANGAN Musyfikah Ilyas
DIKTUM: Jurnal Syariah dan Hukum Vol 13 No 1 (2015): 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 (617.439 KB) | DOI: 10.35905/diktum.v13i1.357

Abstract

There are two main issues discussed in this study. They were the dynamics of socio-cultural factors before the birth of the legislation and the effects of both of these factors to the public after enactment. The focus of the regulations rules in this study is the law of marriage. Based on the formal judicial approach, there is a very strong influence on society change after the birth of some the regulations rules related to marriages registration, polygamy, marriage age limit, divorce before the court, and the status of children in marriage. The changes are more affected by socio-cultural factors.
PERAN KANTOR URUSAN AGAMA DALAM MENGANTISIPASI PERKAWINAN DI BAWAH TANGAN DI KECAMATAN DUA BOCCOE KABUPATEN BONE Shintika Rindiyani Guntur; Zulfahmi Alwi; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.28496

Abstract

The main problem in this study is how the role of the Office of Religious Affairs in anticipating underhand marriages in Dua Boccoe District Bone Regency. The type of researchused in this thesis is field research. The results of this study indicatet hattheroleof KUA is very important toanticipatet heoccurrence of under handed marriages. By conducting socialization, counselingand seminars on marriage so as to reducethe number of couples who carry outunder hand marriages, its how sthatthe KUA has carried out its rolewell. The implication of this research is that thereis great hope for KUA to continue implementing steps that anticipatet heoccurrence of under handed marriages in Dua Boccoe District, Bone Regency.
IZIN POLIGAMI BAGI PEGAWAI NEGERI SIPIL (PNS) DI PENGADILAN AGAMA MAKASSAR DALAM PERSPEKTIF HUKUM ISLAM Rachmat Hidayat; Muh. Saleh Ridwan; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.33098

Abstract

Permasalahan pada skripsi ini yaitu: Bagaimana Perspektif Hukum islam terkait izin Poligami bagi PNS Pengadilan Agama Makassar. Permasalahan adalah: 1)Bagaimana pertimbangan hakim pengadilan agama Makassar dalam memutuskan izin poligami bagi PNS, 2)Bagaimana Pandangan Hukum Islam Terhadap Izin Poligami PNS di Pengadilan Agama Makassar. Penelitian adalah penelitian lapangan. Penelitian bermaksud menggambarkan objek penelitian saat sekarang, yaitu tentang izin poligami bagi PNS di pengadilan agama makassar perspektif hukum islam. Hasil penelitian adalah bahwa dalam pertimbangan hakim terkait perkara izin poligami PNS diterima karena pemohon memenuhi syarat yang diatur dalam PP Nomor 45 Tahun 1990 tentang Perubahan PP Nomor 10 Tahun 1983 tentang Izin Perkawinan dan Perceraian bagi PNS, selain itu memperoleh izin istri pertama. Secara islam poligami tidak dilarang selama adil. Hukum islam dalam memandang pertimbangan hakim dalam memutuskan izin PNS di pengadilan agama Makassar betul karena hakim tidak memutuskan hanya memperhatikan aturan pemerintah tetapi memperhatikan hukum islam. Peneliti berharap semoga menjadi pertimbangan hakim memutuskan izin poligami tidak hanya memperhatikan peraturan pemerintah dan undang-undang tapi juga memperhatikan hukum islam. Sehingga poligami tidak merusak norma-norma perkawinan. Teruntuk para akademisi Islam memberi pengetahuan poligami secara mendalam agar tidak terjadi masalah ketika itu terjadi.
TINJAUAN HUKUM ISLAM TERHADAP PENETAPAN HADHANAH DALAM MENJAMIN KEBERLANGSUNGAN PENDIDIKAN ANAK DI PENGADILAN AGAMA MAKASAR KELAS IA Andi Agung Mallongi Andi Muhammad Nasri; Musyfikah Ilyas; Muhammad Anis
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.27794

Abstract

The subject of this research is the analysis of the judge's decision regarding the determination of hadhanah (custodial rights) in the Makassar Religious Court Class 1A with the object of research decision number 1850 Pdt.G/2014/PA.Mks. The main problem in this research consists of the main problem and 2 sub-problems, namely: 1) How does Islamic law review the imposition of hadhanah to ensure the continuity of children's education in the Makassar Religious Court Class IA? 2) How is the analysis of the judge's considerations in the 1850 Pdt.G/2014/PA.Mks decision in determining the burden of hadhanah in ensuring the continuity of children's education in the Makassar religious court class IA? The results of the research produced by the researcher show that the determination of hadhanah by the judge at least has indicators of considerations in determining it, namely; First, the state of health, whether the parent (father) is not disabled and does not have a mental disorder. Second, economic conditions, namely whether the parents (father) do not have large debts and have decent jobs that can meet the needs of their children (hadhanah). This is in line with the existence of Article 156 of the Compilation of Islamic Law (KHI) by looking at the abilities of parents. The implications of this research are: 1) The judge's decision must have clear concepts and methods so that justice seekers (justiciable) can accept and implement the judge's decision. So that judges must be required to have integrity, intellectuality and capability in carrying out their duties and responsibilities. This is necessary so that later the legal products it produces can then be in accordance with the value of the legal objectives, namely the existence of justice, expediency and certainty. Likewise with the case of determining hadhanah (Child Control) the judge must really be able to see the reality of the two parents, not only emphasizing mere positivism. 2) The public should not be too quick to draw a conclusion to the judge's decision which is always considered unfair and discriminatory. Because in resolving a case is not an easy thing, of course, through discussion, interpretation of views and considerations, then the judge can then decide on a case.
ANALISIS PEMAHAMAN MASYARAKAT TERHADAP HAUL DAN NISAB ZAKAT HARTA PERSPEKTIF HUKUM ISLAM Umar B; Hartini Tahir; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.29330

Abstract

Abstract The main problems of this study are 1) How is the community's understanding of the haul and nizab of zakat assets in Lagading Village, Pitu Riase District, Sidenreng Rappang Regency, 2) How are the efforts of the Lagading Village government, Pitu Riase District, Sidenreng Rappang Regency in providing understanding to the community regarding haul and nizab zakat assets, 3) How does Islamic law review the public understanding regarding haul and nizab zakat assets in Lagading Village, Pitu Riase District, Sidenreng Rappang Regency. This research is a field research or field research that is descriptive in nature which is expected to provide a comprehensive and systematic picture of facts related to human problems and their symptoms. The results of this study are the people of Lagading Village, Pitu Riase District, Sidrap Regency only know that zakat is an obligation as Muslims, but many do not know the purpose and function of zakat. Most people don't know what nisab and haul are so that in issuing zakat a lot of them are just guessing in accordance with sincerity, while the efforts of the Lagading village government in providing public understanding of haul and nisab zakat assets are to form a village zakat committee which has been running for 10 years. In the past, apart from that, the village head of the Sidrap district has held meetings in the district to conduct training or seminars, and the village government's efforts in fostering the community are to bring in ustadz to discuss zakat at certain times, especially in the month of Ramadan, meanwhile if it is reviewed in law What Islam has prepared and implemented so far is not zakat, but alms, infaq or the like. To make the implementation of zakat efficient in educating Community members need to go through the implementation of programs for this. It is necessary to carry out as soon as possible training or seminars that have been discussed in the district to foster communities related to issuing zakat on assets. It is necessary to immediately formulate the vision, mission and organizational goals of the Amil Zakat Agency in Lagading Village so that the implementation process (both collection and distribution) can be measurable, efficient and on target. It is necessary to collaborate between the government and the community to carry out zakat empowerment movements with various economic development ideas and productive efforts in order to create a prosperous society. Keywords: Islamic Law, Society, Understanding, Zakat
PERTIMBANGAN HAKIM DALAM MENENTUKAN KADAR NAFKAH MADHIYAH, NAFKAH IDDAH DAN MUT’AH TERHADAP PERKARA CERAI TALAK Nurul Rifdah Herman; Musyfikah Ilyas; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.36874

Abstract

This study discusses the considerations of judges in determining the leves of madhiyahinco, Iddah dan mut’ahmaintenance of divorce cases (a case study at the Sungguminasa religions court class 1B). Household disharmony resulting from the neglect of rights and obligations which causes the breakup of the marriage. One of the consequences in the from of burdening the husband to pay for madhiyah maintenance, iddah dan mut’ah living. This research aims to find out what is the legal basic for providing maintenance and what are the inhibiting factors in providing levels of madhiyah maintenance, iddah income and mut’ah against disvorce. As for the result of this study, in giving consideration to determining the level of living, the panel of judges is based on the first two things based on the husband’s income (economic factors) and the wife basic needs. Another consideration is that there are no factors that become ostacles in providing madhiyah maintenance, iddah and mut’ah maintenance specifically at the Sungguminasa religious court. However, in general, the compilation of Islamic law, article 80, paragraph 7, has been absorbed as an obstacle to earning a living, namely nusyuz. The implication is tp provide advice to layers of society related to the protection of women’s rifht after good, if and a husband is required to provide maintenance for his wife in a godd way, if it is not implemented the it is considered debt. Keyword: Judge’s consderation, Madhiyah income, Iddah Income, Mut’ah and divorce.
ANALISIS PEMAHAMAN MASYARAKAT SUKU KAJANG TERHADAP PERCERAIAN DITINJAU DARI UU NO. 16 TAHUN 2019 Syahrun Nur; Qadir Gassing; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.29167

Abstract

The main problem in this study is how the Kajang community understands about Law No. 16 of 2019 concerning marriage. Chapter VIII of marriage dissolution (divorce) with sub problems: 1) How is the knowledge of the Kajang Tribe Community in the practice of divorce adopted in Law No. . 16 of 2019? 2) How are the efforts of the Bulukumba Regency Religious Court in providing an understanding of Legal Divorce in terms of Law no. 16 of 2019? The type of research used is qualitative research with a normative theological approach, juridical and empirical law. Data collection methods consist of observation, interviews and documentation. The results or data obtained are then collected with three stages of data analysis including data reduction, data presentation, and drawing conclusions. The results of the study explain that some of the Kajang people already know about the divorce practice adopted in Law no. 16 of 2019. The Kajang Tribe community is able to know how the legal divorce practices adopted in Law no. 16 of 2019. Of course the position of Law no. 16 of 2019 has been used as a reference for the Kajang people in carrying out legal divorce practices. However, this must also be based on regulations and policies from customary law that applies in the Ammatoa Kajang Customary Area or commonly called Pasang ri Kajang. The efforts made by the Religious Court of Bulukumba Regency in providing understanding to the Kajang Tribe Community of Bulukumba Regency towards Legal Divorce are reviewed from Law no. 16 of 2019 is to carry out socialization and divorce assistance. The socialization aims to make the Kajang people understand about state legal regulations, especially for the legal process or practice of divorce. On the other hand, assistance is carried out because it is the duty and policy of the Religious Courts in providing guidance to the public regarding Law no. 16 of 2019 and the Kajang Tribe is no exception. The implications of the research include 1) It is hoped that it will be able to explain the extent to which the Kajang Tribe's understanding of Law no. 16 of 2019 concerning divorce in Tana Toa Village, Kajang District, Bulukumba Regency. 2) As material for the Bulukumba class II Religious Court and the Bulukmba Regency Government to give more and special attention to the Kajang Tribe community to be able to understand and know every applicable law, one of which is Law no. 16 of 2019 regarding divorce.
TINJAUAN HUKUM ISLAM TERHADAP PERMOHONAN IZIN POLIGAMI KARENA KETIDAKMAMPUAN PELAYANAN KEBUTUHAN SEKSUAL Muh Zuhdi Hamdi Fahmi; Asni; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30097

Abstract

Abstract The main problem that will be studied in this research is the application for a polygamy permit on the grounds of inability to serve sexual needs (Study Decision Number: 663/Pdt.G/2020/Pa.Mrs.). in deciding on case Number: 663/Pdt.G/2020/Pa.Mrs. then the second sub-problem is how to review Islamic law on the decision Number: 663/Pdt.G/2020/Pa.Mrs. The type of research used is a type of Field Research or field research carried out at the Maros Religious Court. This research is also a qualitative research using a normative juridical approach and other legal approaches. The data sources in this study are sourced from primary data and secondary data, then the data is collected through interview and documentation methods. The results of this study indicate: that the judge's legal considerations in deciding case Number 663/Pdt.G/2020/PA Mrs regarding the granting of a polygamy permit are that the applicant has fulfilled faculative reasons according to the provisions of Article 4 paragraph (2) letter (a) in conjunction with Article 57 letter (a). In addition, the applicant has also fulfilled the cumulative requirements in accordance with the provisions of Article 5 paragraph (1) of Law Number 1 of 1974 concerning marriage in conjunction with Article 55 paragraph (2) and Article 58 of the Compilation of Islamic Law. The judge was of the opinion that the reason for polygamy is because of the inability to serve the husband's sexual needs, and the wife cannot carry out her obligations as a wife. Second, the Panel of Judges in making the decision was also guided by Islamic law, namely QS Al-Nisa/4: 3. And also in accordance with fiqh which reads Avoiding mafsadat must take precedence over attracting benefit. The implication of this research is in handling cases related to polygamy permit applications to be more careful and thorough in deciding a case because in this case it can be a legal loophole for a husband to be free to practice polygamy. For people who want to do polygamy, it is expected to think carefully mature before committing polygamy, because later you will be faced with greater responsibilities. If you feel you are unable to act fairly and are unable to meet the needs of your wives and children, then it is enough to marry only one woman, because this is an unjust act. . Keywords: Polygamy, Judge’s Decision, Islamic Law.
TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK MASSANRA GALUNG (GADAI) DI DESA TETEWATU KECAMATAN LILIRILAU KABUPATEN SOPPENG Sulfahmi 10100119066; Musyfikah Ilyas; Suriyadi Suriyadi
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.36074

Abstract

Abstract This thesis is entitled "An Overview of Islamic Law Against the Practice of Massanra Galung (Pawn) in Tetewatu Village, Lilirilau District, Soppeng Regency." The objectives of this study are: 1). To find out the practice of Massanra Galung (Pawn) in Tetewatu Village, Lilirilau District, Soppeng Regency. 2). To find out how the views of Islamic law regarding the practice of Massanra Galung (Pawn) in Tetewatu Village, Lilirilau District, Soppeng Regency.This type of research is classified as qualitative, the research data obtained directly from the results of community interviews by paying attention to several aspects that are relevant to the issues discussed.The results of this study indicate that 1). The practice of massanra galung (pawning) in Tetewatu Village, Lilirilau District, Soppeng Regency where the practice carried out by the people of Tetewatu Village has 3 factors that encourage them to do the pawning, namely: habitual factors, wanting to help, and commercial factors. The distribution of profits obtained from the mortgaged rice fields will be divided in 2 between the pawn giver (rahin) and the pawn recipient (murtahin). The pawn deadline will be carried out in accordance with the results of the agreement. 2). The view of Islamic law on the practice of massanra galung (Pawn) in the village of Tetewatu, the community has followed the pillars and conditions for legitimacy in Islamic law, although it is still not perfect in the contract agreement. Regarding the use of pawned items that occur in the Tetewatu village community, namely the pawn recipient (murtahin) completely surrenders to the pawn giver (rahin) himself to manage himself.The implications of this research are: 1) It is expected that the pawn giver will include a land certificate as collateral, and be consistent with the mortgage deadline. 2) It is expected that religious leaders will provide understanding to the Tetewatu village community about how to carry out pawn transactions in accordance with Islamic law, even though they have carried out according to the pillars and conditions for legitimacy of pawning. Keywords: Review of Islamic Law, Galung Massanra practice.
Co-Authors Abdul Halim Talli Akhmad Ashari Manda Andi Agung Mallongi Andi Muhammad Nasri Ashar Sinilele ASNI Asni Asni Basyirah Mustarin Faizah Putri Fitrah Maulidiyah Hartini Tahir Hijra Wati Hijrah Zaherina Iffah Annisa Faulia Gusti Hasan Jabal Rahmat S Jusmiati Jusmiati Muammar Bakry Muh Fahmi Jafar Muh Nur Fauzi Muh Zuhdi Hamdi Fahmi Muh. Jamal Jamil Muh. Saleh Ridwan Muhammad Anis Muhammad Fajri Muhammad Yaasiin Raya Nur Qalbi Husain Nur Taufiq Sanusi Nur Wahidah nurfaika ishak Nurul Rifdah Herman Patimah Patimah Qadir Gassing Rachmat Hidayat Rahmawati Rahmawati Ramlah Ramlah Rifda Cahya Alindah Alindah Sahruni Bahar Shintika Rindiyani Guntur Sirajuddin Siti Anisa Sri Wahyuni Sulfahmi 10100119066 Suriyadi Suriyadi Syahrun Nur Umar B Umar Umar Yul Hidayah Zulfahmi Alwi