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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Madani: Multidisciplinary Scientific Journal International Journal of Islamic Studies
Lomba Sultan
Universitas Islam Negeri Alauddin Makassar, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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ISLAMIC LAW LEGISLATION IN AN EFFORT TO REFORM INDONESIA'S NATIONAL LAW Sofyan; Lomba Sultan; Achmad Musyahid; Mulham Jaki Asti
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28369

Abstract

The implementation of Islamic law in Indonesia is still in a phase of gaps and contradictions. In line with developing a national legal system, it is expected to uphold the rule of law based on justice and truth from prevailing values, culture, and community beliefs. In order to answer the related issues, this study applied a library research model based on relevant library materials in the form of books, journals, or related articles. The results of this study showed that the position of Islamic law in the legal system in Indonesia was equal to Western law and customary law as a source of national law formation. Islamic law as a legal order guided by the majority of the Indonesian Muslim society had lived and existed in the legal system of state administration through sharia-based legislation (Islamic law). However, it was undeniable that the implementation of Islamic law and the presence of sharia-based laws experienced a dilemma internally and externally, influenced by epistemological, methodological, and socio-cultural aspects of politics. In addition, the efforts to develop and foster national law integrated a legal system that was harmoniously structured and followed the needs and developments of community culture. Moreover, it provided a great opportunity to consciously place Islamic law into a complete source of national law shaded by The Five Principles and the 1945 Constitution without causing contradictory and problematic assumptions by relying on the principles of forming the people in perfect and unanimous unity. Finally, it took the middle way, could develop and move, and had the life force in forming itself according to the development and or progress of the times.
Analisis Sumber Hukum Islam: Telaah Metode dan Perdebatan Rian Hidayat; Fatmawati F; Lomba Sultan
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10441777

Abstract

This research stems from the complexity of interpreting Islamic legal sources and the disagreement among scholars regarding the methodology of its analysis. The primary objective of the study is to provide a deeper understanding of the methods used in analyzing Islamic legal sources and to elucidate the debates that arise in this context. The research methodology employed is a literature review, involving the collection and analysis of key literature discussing various methods of analyzing Islamic legal sources and the associated debates. The approach utilized in this research is a normative approach, allowing the researcher to evaluate the methods of analyzing Islamic legal sources from the perspective of existing legal norms. This study holds significance in enriching academic insights into the approach of analyzing Islamic legal sources. The research outcomes are expected to contribute to a better understanding of the complexity and conceptual framework underlying the process of analyzing Islamic legal sources. Practical implications of this research include guidance for researchers, legal practitioners, and students to better comprehend how to navigate differences in approaches when analyzing Islamic legal sources.
EFFORTS TO PREVENT DIVORCE BY JUDGES AT THE BARRU RELIGIOUS COURT (PERMA ANALYSIS NUMBER 1 OF 2016 CONCERNING MEDIATION PROCEDURES IN COURTS) PERSPECTIVE OF ISLAMIC LAW Nurul Azizah; Lomba Sultan; Azni Azra
International Journal of Islamic Studies Vol 1 No 2 (2021): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v1i2.32046

Abstract

Overview Divorce cases at the Barru Religious Court have increased significantly from year to year, increasing by around 20% each year, the majority being filed by the wife. the factor that causes the majority is the existence of continuous disputes and quarrels followed by reasons to leave one of the parties, while the other reasons are only a small part. Efforts to prevent divorce by judges at the Barru Religious Court in the form of mediation have been in line with the provisions of Perma No. 1 of 2016 concerning Mediation, at each stage of mediation various efforts have been carried out, including: at the Pre-Mediation stage, Advisory was carried out by the Panel of Judges Examining the Case, at the Mediation stage, efforts were made in the form of: a. Creating a comfortable and conducive atmosphere, sometimes accompanied by jokes, b. Actively listen to the problems expressed by each party, c. Responding and clarifying the intentions of the parties and bridging the differences between the two, d. Conducting Caucus, e. Show appreciation, and at the Final stage of Mediation, the Panel of Judges gives advice again at each trial. Efforts to prevent divorce by judges at the Barru Religious Court in the form of implementing mediation in the perspective of Islamic law have also been in line with the concepts of Islah and Hakam, and are also in accordance with the Maqasid Syariah principle, namely hifdz al-nasl (keeping offspring).
Menggugat Stereotype Kepemimpinan Perempuan Perspektif Hukum Islam Ulfah Yunita Wulandari; Fatmawati F; Lomba Sultan
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10432489

Abstract

In the period before the arrival of Islam, it was known that women suffered greatly and lived in poverty, but after the introduction of Islam, it was able to change the discriminatory situation that occurred before and enable women to have a decent life equivalent to prosperity. male position. In this article we present an example of female leadership in Islamic law. This article aims to provide an understanding of the views that allow women to become leaders in a country with the same position as men. Using normative research methods or bibliographic legal research is used as a research method. The normative approach is used to study and analyze library materials or search for information identified with research materials as legally required materials related to the research materials being conducted.
Co-Authors Achmad Musyahid Azni Azra Fatmawati F Mulham Jaki Asti Nurul Azizah Rian Hidayat Sofyan Ulfah Yunita Wulandari