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All Journal Hunafa: Jurnal Studia Islamika AL-Daulah Al-Tafaqquh: Journal of Islamic Law Hunafa: Jurnal Studia Islamika Ash-Shahabah: Jurnal Pendidikan dan Studi Islam DIKTUM: JURNAL SYARIAH DAN HUKUM
Andi Herawati
Universitas Islam Negeri Alauddin Makassar (UINAM) DPK. Universitas Islam Makassar (UIM).
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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KOMPILASI HUKUM ISLAM (KHI) SEBAGAI HASIL IJTIHAD ULAMA INDONESIA Herawati, Andi
Hunafa: Jurnal Studia Islamika Vol 8, No 2 (2011): Hukum Islam
Publisher : Institut Agama Islam Negeri (IAIN) Palu

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Abstract

Abstract: Compilation of Islamic law contains the rules of Islamic law in accordance with the conditions of the legal requirements and the legal awareness of Indonesian Muslims. Compilation of Islamic law is a manifestation and result of application of the various sects that exist fiqhi and equipped with Indonesian scholars fatwa in response to problems that arise so that the compilation of Islamic law can be used as a reference in solving the problem of marriage, inheritance and endowments and the compilation of Islamic law also gives legal protection and Indonesian Islamic society inner peace. Kata Kunci:        Kompilisai Hukum Islam, ijtihad, ulama Indonesia, fikih, hokum keluarga
THE EXISTENCE OF ISLAMIC LAW COMPILATION ARTICLE 183 IN SOLVING INHERITANCE ISSUE OF MUSLIM COMMUNITIES IN MAKASSAR Andi Herawati
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Vol 8 No 1 (2019)
Publisher : Jurusan Hukum Tatanegara Fakultas Syari'ah dan Hukum UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v8i1.9323

Abstract

The Qur'an and hadith of the Prophet are the main sources of Islamic law. The two sources can be understood and practiced based on their textual and contextual aspects, as well as being developed in detail by mujtahid scholars by paying attention to space and time with the situations and conditions in which they ijtihad resulting in the Compilation of Islamic Law. One of the contents of Islamic Law Compilation is the rule about the transfer of inheritance property to his surviving heirs. With the existence of these rules, the practice of distributing inheritance to Muslim communities, especially in the city of Makassar, varies greatly. There are by way of grants, deliberation, approaches to Islamic inheritance law, and also by mediation initiated by religious courts.The finding shows that the Muslim community in Makassar City is more likely to apply Compilation of Islamic Law article 183 because the article is strengthened by QS Ali Imra>n/3: 159 and QS al-Shura>/42: 38, which emphasize the importance of deliberation to reach agreement. The agreement was reached well and peacefully based on the instructions in article 183 Islamic Law Compilation by deliberating with all heirs, describing all inheritance properties both location and area, explaining the part of each heirs based on inheritance rules, agreeing on the distribution method used, and making and signing up a statement of agreement and witnessed. So thus, harmony, peace, and benefit can be created among families in particular and among the community in general.
KOMPILASI HUKUM ISLAM (KHI) SEBAGAI HASIL IJTIHAD ULAMA INDONESIA Andi Herawati
Hunafa: Jurnal Studia Islamika Vol 8 No 2 (2011): HUKUM ISLAM
Publisher : State Institute of Islamic Studies (IAIN) Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (117.679 KB) | DOI: 10.24239/jsi.v8i2.367.321-340

Abstract

Prior to the emergence of the Compilation of Islamic Law, the Islamic law employed and applied by the Religious Court to  resolve disputes,  are found in the fiqh books  written and complied  by  Islamic jurists several centuries ago.    As a result, the fiqh books  employed by the jurists of  the Religious Courts are different from one another.  The Compilation of Islamic Law contains the rules of Islamic law in accordance with the conditions of the legal requirements and the legal awareness of Indonesian Muslims. The Compilation of Islamic Law is a manifestation and result of application of the existing various sects of fiqh and is equipped with Indonesian scholars’  fatwa in response to the problems that arise so that the the Compilation of Islamic Law can be used as a reference in solving the problem of marriage, inheritance and endowments.
FAKTOR SOSIAL BUDAYA DALAMA PENETAPAN HUKUM PRIVAT DALAM ISLAM Dr. Andi Herawati
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 2 No. 2 (2016): Volume 2 Nomor 2 Tahun 2016
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Social culture is everything created by man with the mind and conscience of gratitude for the life of society. Medium private law (civil) is the law governing family relationships, including marriage, custody, transfer of assets, endowments, grants, sadaqah, and others. The Islamic law can not be separated from social realities, because Islamic law live and develop along with the development and social change. Thus, Islamic law can not be separated from sociological aspects in the formation and development. Sociological aspects of it have been incorporated in the form of al-nuzul asbab, asbab al-wurud, fikhi (the result of reasoning), fatwa scholars, court jurisprudence, and legislation.
PERKEMBANGAN HUKUM ISLAM DI INDONESIA (Belanda, Jepang, dan Indonesia Merdeka sampai sekarang) Dr. Andi Herawati, M.Ag
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 3 No. 1 (2017): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

The development of Islamic law in Indonesia has been through five times with various theories. Implementation of Islamic law in the pre occupation of the Netherlands based on the theory creed; the Dutch colonial period is based on the theory Receptio in complexu and the theory Receptie; ; during the Japanese occupation happened only change the name of the institution of Islamic Courts of Priesterrad be Sooryoo Hooin, and the Court of Appeal of Hof voor Islamietsche be Kaikyoo Kootoo Hooin; at the time of independence, the effort to transform Islamic law into the rule of law; was at the time of the emergence of several reform laws and bylaws that contains the values of Islamic law.
KAWIN BEDA AGAMA DAN NASAB ANAK (Studi analisis terhadap Kompilasi Hukum Islam) Dr. Andi Herawati, M.Ag
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 3 No. 2 (2017): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.497 KB)

Abstract

Marriage is the nature of man to meet the demands of human instincts are basic. Therefore, Islam establishes a legitimate way to meet those needs with the marriage contract (through the marriage road). Marriage in Islam aims to fortify people from promiscuity that can degrade and destroy human dignity. Islam considers the formation of the family through legitimate marriages based on the same creed as an effective means of sustaining the generation of destruction and protecting society from chaos, especially children born of the marriage. Thus the child will not be confused to establish a religion that he embraced and derivatives also clear and easy to know.
DINAMIKA PERKEMBANGAN HUKUM ISLAM Dr. Andi Herawati, M.Ag
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 4 No. 1 (2018): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Muslims believe that the teachings contained in Islamic law contain the rules that can lead adherents to obtain peace and happiness of the world and the hereafter. On the other hand there is concern and fear that Muslims consistently practice their religion. This makes the kings, scholars and experts of Islamic law looking for loopholes between those who want to implement the teachings of Islam with those who oppose it, so that the various theories that are used in enforcing Islamic law in Indonesia, such as: Theory Kredo (Syahadat); Theory Receptio in Complexu; Theory Receptie; Theory Reseptie Exit; Theory Receptio a Contrario; Theory Recoin (Receptio Contextual Interpretatio); dan Theory Eksistensi.
EKSISTENSI ISLAM DI ASIA TENGGARA Andi Herawati
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 4 No. 2 (2018): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

IslamIslam entered Southeast Asia in the VII as the initial stage of the formation of a muslim community consisting of traders. Later in the XIII century until the XVI century, has seen an Islamic-style kingdom which is the result of the spread of Islam. A country that is predominantly muslim because Islam is accepted and spread by the royal authorities then socialized and developed in the lower or lower community with the top dawn pattern. It is seen in the development and religious life in Brunei Darussalam and Malaysia relatively good and safe. Compared to other Southeast Asia countries, such as Indonesia, Singapore and Myanmar. The entry of Islam in Southeast Asia not only affects politics, but also in social, cultural, and economic terms.
SISTEM PEMBAGIAN WARISAN PADA MASYARAKAT MUSLIM DI KOTA MAKASSAR Andi Herawati
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 5 No. 1 (2019): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Rules regarding the transfer of property of a deceased person (heir) to his surviving heirs are sub-systems of Islamic law. Islam as a universal teaching teaches all aspects of human life, including in terms of the distribution of inheritance fairly. The practice of inheritance sharing in Muslim communities in the city of Makassar is very varied, there are by way of grants, deliberations or compromises, approaches to Islamic inheritance law, and also through mediation initiated by religious courts. Such resolution efforts are called resolutions through non-litigation channels, while efforts to distribute inheritance through court decisions are called settlement through litigation.
Konsep Investasi Pasar Modal dan Saham Syariah di Indonesia St Samsuduha; Andi Herawati
Al-Tafaqquh: Journal of Islamic Law Vol 4, No 1 (2023): January
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v4i1.194

Abstract

It is important to study the concept of investment in the capital market and sharia stocks to provide an understanding to investors. Indonesia has a capital market that is developing and continues to grow, thus encouraging the importance of implementing the Islamic capital market and sharia investment system, so that the practice system and its benefits can provide long-term benefits. Based on the results of the analysis, it was concluded that; (1) Investment is one of the muamalah that must be carried out in Islam based on sharia principles to avoid unfair practices so that it must comply with the principles of halal, blessing added value and the type of investment made must be realistic; (2) The Islamic capital market is an important means of facilitating the investment needs of Muslims in Indonesia. So far, investment space in the capital market tends to be considered legalized gambling, so this practice can trigger the interest of the Muslim generation to develop their capital potential in the investment sector; and (3) Islamic shares are included in the category of ordinary shares which have special characteristics such as a very strict control system such as a guarantee of business halalness that must be owned by shareholders. The sharia stock system must comply with principles that do not conflict with sharia values.
Co-Authors Mukhlis Mukhtar St Samsuduha