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All Journal Familia: Jurnal Hukum Keluarga COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
Muh. Syarif Hasyim
Fakultas Syariah IAIN Palu
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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AKAD NIKAH ULANG SEBAGAI RITUAL MEMPEROLEH KETURUNAN DALAM TINJAUAN HUKUM ISLAM (STUDI KASUS PADA PASANGAN SUAMI ISTRI DI DESA TINGGEDE KEC. MARAWOLA KAB. SIGI) Moh. Rizal; Muh. Syarif Hasyim; Sitti Nurkhaerah
Familia: Jurnal Hukum Keluarga Vol. 1 No. 1 (2020)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

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Abstract

Based on the research background that has been mentioned, the remarriage agreement as a ritual of obtaining offspring in a review of Islamic law, a case study of a married couple in the village of Tinggede, Kec. Marawola Kab. Sigi, then obtained several objectives from this study, namely to explain and describe how the process of remarriage contracts for couples in the village of Tinggede Kec .arawola, Kab. Sigi as a ritual to obtain offspring and how Islamic law review of the remarriage agreement to the couple in the village of Tinggede Kec.Marawola, Kab. Sigi as a ritual to get offspring. This study uses a qualitative approach with more emphasis on the relevance of the findings that occur in the field, so that the data can be presented in actual terms, the data collection technique used is the field of data collection techniques (field research). The intended data collection technique is collecting a number of data directly. The results showed that the process of implementing a marriage contract that occurred in couples in the village of Tinggede was as follows: firstly there was an underlying reason and secondly halal and haram re-marriage contracts were seen in terms of or the intention behind the process of a remarriage contract. So that in the Islamic religion, the glasses of Islamic law see this as a prohibition because of the descendants in a family, purely the gift of Allah. Humans can only endeavor, looking for reasons that are permitted by the Shari'a to get them.
PEMINANGAN DALAM ADAT SUKU TAJIO DI DESA SINEY KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG DALAM PRESPEKTIF HUKUM ISLAM Sri Ajirna; Muh. Syarif Hasyim; Sahran Raden
Familia: Jurnal Hukum Keluarga Vol. 1 No. 1 (2020)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

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Abstract

This study aims by using qualitative methods with data collection techniques, namely interviews, observation, verification in order to obtain data that is truly valid and can be accounted for. The results of this study indicate that the marriage in the adat of the Tajio Tribe in Siney Village, Tinombo Selatan District, Parigi Moutong Regency is to open the tajalang to open the road, that is, the man will tell his desire to propose to the woman but with satire words, then Nalolo Tevulang Nombosi is looking for a day or It is a good month to meet the family of the woman who wants to be married to, the next stage is to open the first tejarita, namely the man comes to the woman's house to discuss further the matchmaking plan and the last marriage process is tevea nelili, which is sprinkling yellow rice on the man's family This is a sign that the woman's family has officially accepted the proposal of the male party and the view of Islamic law on the marriage of the Tajio Tribe in Siney Village, Tinombo Selatan District, Parigi Moutong Regency is not against Islamic Law and even in accordance with Islamic Law because of the marriage in The traditions of the Tajio Tribe in Siney Village, South Tinombo District, Parigi Moutong Regency contain elements of faith, elements of worship and contain elements of akhlakul karimah.
TERORISME DITINJAU DARI PERSPEKTIF HUKUM PIDANA ISLAM (FIQIH JINAYAH) Zulkifli Zulkifli; Muh. Syarif Hasyim; Hamiyuddin Hamiyuddin
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.258 KB) | DOI: 10.24239/comparativa.v1i1.2

Abstract

The discussion in this research is terrorism from the perspective of Islamic criminal law (fiqih jinayah). The problem that becomes the focus of research is how terrorism is in the review of Islamic criminal law or jinnayah fiqh. Qualitative research, the source of which is library research, is the method used in research. There are two kinds of data sources in this research, namely primary and secondary data sources, while the data collection and analysis uses literature review research. The data were analyzed using the Islamic criminal law theory approach. So as a result of this research that acts of terrorism are not justified in Islamic teachings. The birth of this action is because the perpetrators have shallow thoughts or have very minimal thoughts and have political goals to harm themselves and others. They even consider this act as Jihad, even though in fact it is not a jihad but an act that brings fear to potential victims.
PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM: (Studi Kasus Di Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu Provinsi Sulawesi Barat) Nurfaradillah AS; Muh. Syarif Hasyim; Sitti Nurkhaerah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.197 KB) | DOI: 10.24239/comparativa.v1i1.4

Abstract

The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
Co-Authors Hamiyuddin Hamiyuddin Moh. Rizal Nurfaradillah AS Sahran Raden Sitti Nurkhaerah Sri Ajirna Zulkifli Zulkifli