Andi Herawati
Universitas Islam Negeri Alauddin Makassar (UINAM) DPK. Universitas Islam Makassar (UIM).

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Journal : Ash-Shahabah: Jurnal Pendidikan dan Studi Islam

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)

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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.
URGENSI PENYEGERAAN PELAKSANAAN WARISAN Andi Herawati Andi Herawati
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 6 No. 2 (2020): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

In QS. al-Nisa '/ 4: 11 contains a sign that God Almighty instructs the person who controls the inheritance to hasten the settlement and distribution of inheritance fairly and well to other heirs based on the divisions that have been determined by Allah and His apostles and have been developed accordingly detailed in KHI as a result of ijtihad mujtahid scholars in accordance with the space, time, situation and conditions in which they berijtihad. Immediate distribution is carried out of course the heirs can receive the part that is due to him, and if postponed means delaying the right of other heirs to have what he should have in accordance with his part. Delaying the distribution of inheritance as a trigger for future disasters in the family and also causes feelings of tyranny among heirs that have an impact on family relationships can crack
PEMBENTUKAN KARAKTER MUSLIM YANG EGALITER Andi Herawati
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 7 No. 1 (2021): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Prophet Muhammad Saw. who was sent by Allah Swt. bring Islam as a blessing for the universe. Rahmat which means goodness and enjoyment. This means when Allah swt. stated that Muhammad saw. as a grace means that Islam is a religion that brings goodness and enjoyment not only to humans but the entire universe. A person who embraces Islam is called a Muslim. A Muslim must understand and provide safety, welfare, goodness, enjoyment and peace to anyone and anything that is under the banner of Islam. Egalitarianism is the attitude of seeing someone as equal and equal, so that they do not underestimate, look down on and discriminate. This attitude of equality is a reflection or formed from faith in Allah Swt. which is manifested in the values ​​of love, empathy, brotherhood and unity in the frame of a sense of responsibility in living life and social life.
AL-RADA’AH DALAM KONTEKS KEKINIAN Andi Herawati; Mukhlis Mukhtar
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 7 No. 2 (2021): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Al-Rada'ah in terms of Islamic law has a very important position, because it has an impact on whether or not a man marries a woman. If a man as a child breastfeeds a woman who is not a mother or a woman who is unlawful for him to marry, it is forbidden for him to marry the mother where he is breastfeeding, as well as all women who have nasab with the nursing mother, both vertically and horizontally. . The views of scholars on determining the mahram of marriage because al-rada'ah (breastfeeding) is strict, some are very careful and some are easy. Imam Shafi'i and some of Imam Ahmad's students require marriage to be mahram if breast milk has entered the baby's abdominal cavity, either directly from the mother's nipple or not, pure or mixed, a lot or a little as long as the breast milk substance has not disappeared. The Hanafiyah and Abu Thaur groups require that the marriage of mahram to pure breast milk or at least contain more elements of breast milk than the mixture. Meanwhile, Ibn Hazm from the Zahiri school limits the mahram of marriage in the category of al-rada'ah meaning, namely breastfeeding by sucking the nipple of the breastfeeding mother with her mouth, which is not included in the category of meaning al-rada'ah does not forbid marriage.