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M. Ali Rusdi
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malirusdi@iainpare.ac.id
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+6285257099481
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diktum@iainpare.ac.id
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Jl. Amal Bakti 08 Soreang Parepare IAIN Parepare 91132, Kota Parepare Sulawesi Selatan Indonesia
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Kota pare pare,
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INDONESIA
DIKTUM: JURNAL SYARIAH DAN HUKUM
Published by Institut Agama Islam Negeri Parepare
ISSN : 16931777     EISSN : 25488414     DOI : https://doi.org/10.35905/diktum
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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Search results for , issue "Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum" : 17 Documents clear
Analisis Fiqhul Bi`ah terhadap Kewenangan Otonomi Daerah dalam Kebijakan Reklamasi Pasca Tambang : Tinjauan Hukum Islam Hannani Hannani; Indah Fitriani Sukri; Hasanuddin Hasim
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

This article aims to describe an overview of Islamic law (fiqhul bi`ah) on post-mining reclamation policies. Mining and mining industries in the area are regulated in the post-mining reclamation policy through Regional Regulations. The coal mining industry has a large-scale environmental impact spread over the regions, especially areas where natural resources thrive. The problem in this research concerns the form of post-mining control in terms of the authority of regional autonomy and how the control and supervision from the government is related to post-mining Reclamation Guarantees, through regional autonomy policies, the emphasis on post-mining reclamation can be controlled with all regional policies. Control in the licensing process does not stop at handling taxes, it is in tune with legal certainty. The research method used in this artilcles is normative juridical by taking data from processed researchers, and using some literature in the form of books, as well as related journal articles. The conclusion in this study, that although the post-mining reclamation process has been actively carried out, the handling efforts have not been maximized, what needs to be done is as an alternative to managing ex-mining land with an environmentally sustainable perspective, encouraging the strengthening of the synergy team in the form of a monitoring team for all stakeholders, the community can participate in prepare the management of ex-mining land and implement the supervisory function.
Tinjauan Maslahah Mursalah terhadap Fenomena Childfree Citra Widyasari Salahuddin; Taufiq Hidayat
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

Childfree became a popular term after entering the 21st century. The child-free phenomenon does not only occur in developed countries such as Europe, but also in developing countries such as Indonesia. This study seeks to examine childfree from various perspectives and then find its legal limits in Islam. Efforts to find the limits of child-free law in Islam are carried out using the maslahah mursalah theory. The research is included in library research with data material derived from secondary data including literature related to the theme of Childfree and maslahah mursalah theory. The results show that in general, the choice of child-free is due to career reasons, the desire to live alone with a partner and financial considerations. So according to the concept of al-Daruriyat Imam Al-Gazali, this reason does not meet the qualifications of maslahah daruriyat. On the other hand, the Qur'an and hadith recommend having children, so that it is supported by syara'. In other words, not having children because the choice (childfree) is against the will of syara' or the law is makruh.
Implikasi Penerapan Perda Syariah terhadap Pluralisme di Indonesia Suhli Suhli; Septian Hendra Wijaya; Achmad Zahrul Muttaqin; Arifatul Mujahadah
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

The application of sharia regulations in Indonesia causes disintegration of the unity and integrity of the Indonesian nation, this is because Sharia regulations are teachings of the Islamic religion. Even though Indonesia legally recognizes that Islam is not the only official religion in Indonesia. The heterogeneous and diverse composition of Indonesian society is a necessity and manifests itself as the identity of the Indonesian nation that must be preserved.The research method used in this study is a qualitative approach. The data collection technique used in this research is literature study. The data collected was collected through reading and studying the text (text reading), which was then compiled and then analyzed using descriptive analysis method with a deductive mindset. The results of this study are that the Sharia Regional Regulation as an instrument of regional law has major implications in people's lives, this is because it is binding on the local community. So it is important that the material contains the values ​​of Pancasila which have been the life philosophy of the Indonesian people. This is important to do to avoid disintegration between citizens which has been knitted by the founding fathers of the nation.
Refleksi Kekerasan Seksual dan Pemaksaan Seksual terhadap Perempuan: Perspektif Hukum Positif dan Hukum Islam hartanto hartanto; Fifink Alviolita Praiseda
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

Crime in general and sexual violence are deviations from a person's good and bad morals. The author examines the factors that influence the occurrence, as well as the causes of sexual coercion and/or sexual violence in society. Sexual violence/harassment is an iceberg phenomenon, this is allegedly due to the lack of comprehensive handling from the government, the existence of unequal power relations, the lack of education about sex and social ethics in the current era of promiscuity. Sexual violence that often occurs in the society is detected in several forms/modes including threats (non-physical) to rape (physical). The study in writing this scientific paper is about the treatment and prevention in the study of sexual violence and sexual coercion in the community based on the TPKS Law. Study uses descriptive normative method, then a statutory approach, and conceptual. In the past, before the TPKS Law, sexual crimes were still very limited in terms of terminology, but now it has become wider/religious to adapt to the development of the societies sense of justice. The normative perspective of this law is quite good, so it is hoped that its implementation in the society can actually fulfill a sense of justice. In the perspective of Islamic law, through “takzir” which is seen as a punishment in Islamic criminal law, the perpetrator can be punished and the matter is handed over to the ruler or judge who has the right to decide a matter to obtain justice.
Perbandingan Hukum Indonesia dan Malaysia: Reformulasi Kebijakan Aborsi Akibat Tindak Pidana Perkosaan di Indonesia Nurhayati Mardin; Tuti Haryanti; Adiguna Kharismawan
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

The purpose of this paper is to compare the provisions regarding abortion of pregnancies resulting from rape according to the law in Indonesia and Malaysia, to obtain an overview to reformulate legal rules regarding abortion of pregnancies due to rape in Indonesia which are seen as defiance of the right to life. The method in this research is normative juridical research with statutory and comparative approaches and using primary and secondary legal materials. The results of this study indicate that the law in Indonesia legalizes abortion as a result of rape followed by certain conditions. In contrast to Malaysia, which does not strictly state the permissibility of abortion as a result of rape in its statutory regulations, however, in practice, abortion, for this reason, may be carried out when there are indications of serious, dangerous trauma based on the assessment of a doctor or a team of competent doctors. On the other hand, in Indonesia, the reason for abortion as a result of rape is legalized in the provisions of the Health Law with several conditions regulated in the Government Regulation on Reproductive Health. Therefore, the legalization of abortion for pregnancies resulting from the criminal act of rape needs to be reformulated concerning human rights.
The Model Investment Management of Cash Waqf Rahman Ambo Masse; Andi Aderus
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

This study aims to analyze the management of waqf through money and its implications for the development of social institutions in the Muslim community. The research departs from the phenomenon of cash waqf management in Nazhir waqf which is not in accordance with the mandate of the legislation, namely cash waqf must be managed and invested in Islamic financial institutions. This study uses a qualitative method (qualitative method) with a phenomenological approach. The data were obtained through in-depth interviews and documents on Baitul Maal Muamalat, LAWAZIS DDI, Yatim Mandiri, and LAZISNU PCNU Parepare, and the Ministry of Religion. The results showed that the form of cash waqf management at waqf institutions was in the form of waqf through money. This form of waqf is not invested in Islamic financial institutions. However, the receipt of waqf donations through cash is directly channeled to waqf programs in the form of real assets. The implications of waqf management through money on the development of social institutions are very significant. Yatim Mandiri allocates waqf through money for scholarships, and means of learning studios for the Qur'an and mathematics. Baitul Maal Muamalat allocated waqf through money for the construction of the Adetarinah mosque in Antang. LAWAZIS DDI allocates waqf through money for the construction of the DDI secretariat and the Tahfidz Institute in Makassar. LAZISNU PCNU Parepare allocates waqf through money for land acquisition and construction of facilities and infrastructure for the Zubdatul Asrar Islamic boarding school in Parepare.
Penyerahan Penne Anreang dalam Tradisi Perkawinan Adat Bugis Parepare : Kajian Gender dan Hukum Islam Muh. Sudirman; Mustaring Mustaring
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

The purpose of this research is to examine the philosophical meaning of the In Penne Anreang tradition in Bugis Parepare traditional marriages in relation to gender and Islamic law. To reveal the deep meaning of the object being studied, this research is included in the type of ethnographic research with a descriptive qualitative approach. Data obtained through interviews and documentation. The results of the understanding obtained that the meaning of the message contained in several symbols used in the tradition of surrendering penne anreang in Bugis Parepare traditional marriages contains hopes and messages, therefore it needs to be preserved. The philosophy contained in the symbols of surrender of penne anreang in Bugis Parepare traditional marriages is in line with basic principles in Islamic teachings and includes al-'urf al-sah, namely habits that are carried out in society and do not conflict with the principles of Islamic teachings, do not eliminate benefit and does not bring harm to the perpetrators. Judging from the benefit of being at the tahsniyat level, namely knowing the level of needs which if not met, it does not threaten the existence of one of the maqāshid al syariyyah (objectives of Islamic law) and does not cause difficulties.
Konstruksi Keilmuan Fikih Nusantara: Perspektif Filsafat Sains Akmal Bashori
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

Nusantara jurisprudence is the embodiment of jurisprudence in the nusantara, jurisprudence is constructed in accordance with the culture of the people, so that there is a dialectical process between culture and naṣ. The question is, does the fiqh that is practiced have to be the same as the fiqh where Islam itself descends, or can fiqh be dialectic with locality so that it gives rise to fiqh with the characteristics of each regional locality? How is the scientific construction of the fiqh nusantara from the perspective of the philosophy of science? Thus, this paper aims to find out how the scientific construction of the archipelago's fiqh from the perspective of the philosophy of science. With a philosophical approach, this paper will describe how the scientific construction of the fiqh nusantara. From this paper it is found that: first, in the perspective of philosophy of science, the material object of the fiqh nusantara is fiqh mu’āmalāh which contains several aspects: mu’āmalāh / property, jinayat, aḥwāl syakhsiyah, zakāt and waqf, qada, and nationality; second, the formal object of the archipelago's fiqh is divided into ontology, which contains the concept of al-tsabit, and mutagoyyirat, epistemology which contains the theory of knowledge of the archipelago's fiqh, among others: Authoritative Sources (al-Qur’an & Sunah), Ijtihād (Ijmā, Qiyās, Istiḥsān, Istiṣlāh, 'Urf, Saḍ Dzariah), and axiology, namely maqāṣid sharī'ah in this case to guide humans in capturing God's intentions wisely.
Tinjauan Fiqh terhadap Wakaf Produktif Menuju Kesejahteran Umat Sahmiar Pulungan
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

In Indonesia, waqf does plays a role and function in tide of worship. Waqf is expected to help the people economy. The purpose of this study is to explain the productive waqf of Ustman Bin Affan model as a reference in the current implementation of productive waqf. This research is a qualitative descriptive research with a library research approach which is studied using a philosophical approach. This study uses primary data sources, namely data which is the main source of literature research by searching various literatures (books) and as secondary data are journals related to this research. Data collection techniques use the documentation method, namely studying and searching for data in the form of notes, documents, transcripts, books, magazines, and so on. Data analysis is carried out by giving meaning and studied by comparing it with previous research on phenomena that occur in society. The result of the study is hoped tobe a pilot project for the development of productive waqf in Indonesia.
Implementation of Al-Ijarah Al-Maushufah Fi Al-Dzimmah Acad at Indonesian Sharia Bank Sahrani Sahrani; Sitti Nurul Adha
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

This study aims to determine the inhibiting factors for the implementation of the Ijarah Maushufah Fi Dzimmah contract in Islamic banks, especially in the city of Makassar. This study uses a literature study research method, with research data collected through books, articles, journals, and interviews and then analyzed by descriptive methods. A descriptive method is used to describe and explain the opinions of fiqh scholars about the Ijarah Maushufah Fi Dzimmah contract in Islamic law, as well as describe the results of the analysis of Islamic banking records and documents to determine the inhibiting factors for the implementation of the Maushufah Fi Dzimmah ijarah contract at the Makassar City Sharia Bank by conducting personal interviews. with banking practitioners in the marketing division of financing at Bank BNI Syariah, Bank BTN Syariah, and Bank Muamalat. The results showed that the inhibiting factors for the implementation of the Maushufah Fi Dzimmah contract include: (1) the absence of standard regulations from the government (OJK and BI) regarding the implementation of the Maushufah Fi Dzimmah contract; and (2) the methods of implementing the product development process and system transformation that have been implemented run by Islamic banks is still difficult; (3) lack of knowledge of Islamic bank practitioners on Al-Ijarah Al-Maushufah Fi Dzimmah contracts; (4) Islamic banking financing is dominated by murabahah contracts; and (5) low public interest in Ijarah-based products.

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