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Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 24078115     EISSN : 26223945     DOI : https://doi.org/10.24252/al-qadau.v8i2.19541
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
The subject of Al-Qadau: Peradilan dan Hukum Keluarga covers textual and fieldwork with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic civil law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 10 No 1 (2023)" : 7 Documents clear
Menilik Persoalan Kisas dan Poligami dalam Konteks Fikih Keadilan Nadyatul Hikmah Shuhufi
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.35679

Abstract

The correct application of Islamic law will provide security, peace and tranquility. Like kisas law and polygamy law include the values and principles of justice both conceptually and practically. The legal provisions must be understood correctly because they allow contextualization to occur which refers to the context of the times that are constantly changing. Then, this article is analyzed using the context of fiqh of justice. This resulting in the conclusion that kisas punishment can save lives, property, and human rights in general. While the polygamy law on the one hand is a solution to justice for family life in an emergency. Keyword: Keywords: Kisas, Polygamy, Fiqh of Justice
The Validity of The Marriage Guardian in The Case of Elopement in The Perspective of Islamic Law Fadilah Syafitra; Sia Khosyi'ah
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.29867

Abstract

The purpose of this study is to discuss the view of Islamic law on the validity of marriage guardians in cases of elopement. The research method used is a qualitative method with normative juridical. Data collection was carried out by observation and interview techniques for three elopement pairs and with the head of the local KUA. The results and discussion showed that the elopement factor occurred due to the parents' disapproval of the bride and groom's wedding plans. The disapproval was caused by financial unpreparedness and not being old enough for the bride and groom. The impacts caused are in the form of internal family problems, problems in state administration and social problems. The three elopement couples were married in the absence of a guardian who obtained guardianship permission from the guardianship of the nasab. In addition, marriages are performed without applying for marriage dispensation to religious courts because three of the six are minors. So it can be concluded that both religiously and legally in Indonesia, the marriage of the three couples is invalid.
Banalitas Performa Waria di Ruang Publik: Pandangan Pemuka Agama dan Pemerintah Perspektif Maqasid Al-Syari'ah (Studi Kasus di Kabupaten Bone) Riska Islamia Laura; Hamzah Hasan; Kurniati Kurniati
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.35327

Abstract

This study discusses the maqāṣid al-syarī'ah perspective on the views of religious leaders and the government regarding the performance of transgender women in the public space of the Bone district which is already at the banal stage (considered normal, normalized). This type of research uses descriptive qualitative field research with two approaches, namely normative theology (syar'ī) and phenomenology. The main data source was obtained from interviews with religious leaders and the government of Bone district. Observation, interview, and document study techniques are the data collection techniques used. The research results obtained from the interview session found that there were two main factors causing the banality of transgender performance in the public spaces of Bone district. First, the human rights factor. Second, the existence of the Bissu culture (transgender) as part of the Bugis history of Bone which has long been accepted by society. Based on the analysis of maqāṣid al-syarī'ah, these two factors are contrary to sharia (Islamic law). The position of human rights is not higher than the position of Shari'a, this is based on the order of al-ḍarūriyāt al-khams where the order of hifz al-nafs (care of the soul) is in second place under hifz al-din (maintenance of religion). Furthermore, the reason that the acceptance of transgender women that has been taking place for a long time, like acceptance of Bissu, cannot be accepted based on maqāṣid al-syarī'ah. Because it is clear in the Shari'a that harm cannot be allowed to go unpunished even though it is considered to have happened for a long time by most people. As the law of fiqh rules الضَّرَرُلاَيَكُونُ قَدِ يمً. Keywords: Banality, Transgender, Maqāṣid Al-Syarī'ah
Analysis of the Position of Marriage Witnesses in the Opinions of the Four Madzhabs Fiqh and Regulations in Indonesia Adang Muhamad Nasrulloh; Mujiyo Nur Cholis; Imam Sucipto
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.37880

Abstract

This article responds to the birth of legislation that has a correlation with marriage law as a form of uniformity and legal certainty, although there are still differences of opinion and debate among Indonesian Muslim communities regarding the position of witnesses in marriage. the discussion of witnesses to marriage is interesting to discuss, how are witnesses to marriage in the views of fiqh four madzhab and how the position of witnesses to marriage in Indonesian legislation. Using the literature review method (literature study) primary and secondary data sources from books, journals, other regulations. The results showed that first, a marriage witness according to the fiqh of four madzhab is a person who knows correctly and with certainty, his testimony can be accounted for in the future if needed by one of the spouses about the occurrence of a marriage event. The position of marriage witnesses in the legislation as a pillar of marriage, this is adopted from the opinion of the Shafi'i madzhab. Two witnesses are the minimum requirement in marriage. The purpose of requiring witnesses is to prevent negative issues from the community regarding extramarital relationships. Then the existence of marriage witnesses as a confirmation of the rights that arise after the marriage contract such as mushaharah relations, nafakah rights and inheritance rights. Keywords: Marriage Witness, Fiqh, Law.
The Influence of Career Women’s Rejection of Polygamy on Children’s Personality (Case Studi in Batu Aji District, Batam City) Nada Izzatun Nisa; Muhammad Nurul Fahmi
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.37931

Abstract

The appointment of this title is because the situation is experienced by the majority of people in Indonesia, especially in Batu Aji District, Batam. Starting from the number of divorce cases in Batam that were carried out by wives against their husband in 2022, there were finally 1.505 cases. Meanwhile, only 541 cases of divorce were filed by husbands. The polygamy solution that is prescribed by religion actually creates internal problems in the famil. What applies is that wives prefer to file for divorce and work alone to meet household needs and educate children at home rather than having to carry out the Shari’a. It is this dual role of a housewife as well as a breadwinner that ultimately impacts one the personality of the children at home. Starting in terms of psychology, morals, emotions and even education. The aims of this study were: (1) to analyze and discover the phenomenon of resistence to polygamy by career women in Batu Aji District, Batam, and (2) to analyze and find the impact of resistance to polygamy on the personality of children at home. This study uses a quamtitative approach with a case study type. The object of this research is the people of Batu Aji, Batam City. Data collection techniques are by survey questionnaires, interviews and observation.The result of this study indicate that, (1) the rejection of polygamy does not occor because it does not agree with the shari’a, there is a wrong implementation of polygamy and there are five factors of rejected polygamy, and (2) the thougest challenge in balancing a career and taking care of children is time and there are four effects of refusing polygamy on children. Keywords: rejection of polygamy; career woman; child personality.
Harmonisasi Keluarga Dan Adopsi Nilai Moderasi Beragama Dalam Upaya Pencegahan Keluarga Non-Harmoni Fatmawati Hilal
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.38122

Abstract

The family as the smallest institution in society is the main foundation for realizing a harmonious family which becomes the forerunner to the peaceful country. A harmonious family is the ideals and hopes of every family. This paper describes the importance of family harmonization by adopting the values ​​of religious moderation as an effort to prevent the non-harmonious families. This paper uses qualitative research methods with a syar'i approach. The results found that the concept of religious moderation, such as tawassuth (taking the middle way), tawazun (balanced), I'tidal (straight and firm), tasamuh (tolerance), musawah (egalitarian), syuira (deliberation), Ishlah (reform), aulawiyah (prioritizing priority), and tathawwur wal ibtikar (dynamic and innovative). If these values ​​of religious moderation are internalized and adopted in family life, they will facilitate the creation of a harmonious family. The values ​​of religious moderation give the concept of mutuality (mubilah) in the family. No forcing, respecting each other's rights, upholding the principle of complementarity, deliberation in making decisions are values ​​of moderation that will facilitate the creation of a harmonious family. Internalization and adoption of the value of religious moderation in the family can build a strong foundation, create a harmonious environment, and prevent cases of broken homes that have the potential to damage family life and society. Keyword : Harmozation, Family, Religious Moderation
Pengabaian Hak Terhadap Mantan Istri dan Anak Pasca Perceraian di Kota Makasar; Kajian Filsafat Hukum Islam Achmad Musyahid Idrus; Muhammad Rijal Assegaf; Mulham Jaki Asti; Arif Rahman; Nasya Tisfa Taudiyah
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.38340

Abstract

The purpose of this study is to find philosophical facts about the harm of abandonment of rights of wives and children after divorce by focusing research on the reality of neglect of rights of ex-wives and children in the city of Makassar, including the causes of neglect of ex-wife and child rights and forms of handling neglect of these rights. The methods used in this study are normative and sociological approaches. The analysis used in managing this research data is by using analysis of Islamic legal philosophy. In addition to these three methods, this study also interviewed divorce perpetrators directly. The results of research in this study found that neglect of the rights of wives and children after divorce has caused harm to wives and children which has implications for economic harm, psychological harm to ex-wives and children. This study concluded that the neglect of the rights of ex-wives and children in the city of Makassar was caused by the lack of employment opportunities and lack of expertise of ex-husbands as well as the lack of responsibility of the husband's manta towards the mantas of wives and children

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