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Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law Halimah Basri; Andi Miswar; Hamka Hasan; Mustaqim Pabbajah; Subehan Khalik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i2.13882

Abstract

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.
Injustice Management of Adat Land: Learn from Maranfenfen in Aru Selvone Christin Pattiserlihun; Mustaqim Pabbajah; Ratri Nurina Widyanti
DIALEKTIKA Vol 16, No 1 (2023): (Edisi Juni) Kajian Masyarakat Adat dan Moderasi Beragama
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/da.v16i1.5397

Abstract

The issue of Adat (customary) land management carried out by the government as a ruler of indigenous peoples in the world is not a new thing to be discussed. Many phenomena of Adat land management deviate from human rights. This problem occurs because indigenous peoples still lack knowledge about laws and rights to Adat land. The State has strong control to regulate and take rights over all forms of natural wealth in Indonesia, including land because it is stated in the UUD NKRI 1945, Article 33 point 3 "earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." This paper aims to discuss injustice in Adat land management as the rights of the indigenous peoples in Marafenfen, Aru Islands, Maluku province, which the government seized through one of the government agencies in the field of national defense (TNI-AL). This issue proves that the rights of indigenous peoples to Adat lands are still unfair, especially in Indonesia.
Why Does Women's Underrepresentation Transpire in the Leadership of Indonesian State Islamic Universities? Zainal Abidin; Muhammad Faizal A. Ghani; Mustaqim Pabbajah; Erma Fatmawati
JURNAL AL-TANZIM Vol 7, No 3 (2023)
Publisher : Nurul Jadid University, Probolinggo, East Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/al-tanzim.v7i3.5914

Abstract

Underrepresentation of women still occurs in the top-level management of higher education, including in State Islamic Higher Education (SIHE/PTKIN) in Indonesia, a country with the largest Muslim population in the world. This study aims to reveal the portrait of women's underrepresentation in the top-level management of SIHE, the determinant factors that cause the underrepresentation of women in the top-level management of SIHE, and the policies that need to be taken in response to the underrepresentation of women in top-level management of SIHE. A qualitative approach was chosen for this study by collecting data using interviews and document reviews. It objectively shows the inequality between women and men in top-level management. Men still dominate strategic positions such as rector, vice-rector, and dean. This inequity is caused by qualification barriers of female lecturers, patriarchal culture, and gender-biased religious understanding. This inequity has an impact on the slow realization of gender-responsive campuses. Thus, through the Ministry of Religious Affairs, the Government must make affirmative policies to accelerate women's representation at the management level of SIHE so that more women occupy the positions of rector, vice-rector, and dean.