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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 177 Documents
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Transplantasi Organ Tubuh Perspektif Fikih Kontemporer Rosmini Rosmini; Abd. Qadir Gassing; Marilang Marilang
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 1 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i1.26698

Abstract

Tujuan penelitian yang ingin dicapai adalah untuk mengetahui prinsip dasar, proses dan dampak positif terhadap orang lain dengan transplantasi organ tubuh dan untuk mengetahui pandangan hukum terhadap transplantasi organ tubuh perspektif fikih kontemporer. Penelitian ini menggunakan metode library research atau kepustakaan dengan pendekatan normatif dan pendekatan filosofis dengan menggunakan sumber data yang diperoleh dari sumber hukum primer maupun sekunder yang diolah dengan menemukan data kemudian menemukan, menelaah dan menganalisis secara kualitatif sehingga mengungkap hasil yang diharapkan dan kesimpulan dari sebuah permasalahan.Hasil penelitian ini bahwa transplantasi diperbolehkan dalam UU dan ulama dengan syarat dalam keadaan darurat dan tidak membahayakan donor namun tidak diperbolehkan organ tubuh untuk dikomersialisasi. Dalam tindakan transplantasi, seorang dokter harus mengikuti kode etik kedokteran dan UU tentang transplantasi bahwa tempat untuk transplantasi yang ditunjuk oleh menteri dan seorang dokter yang merawat donor tidak boleh ada hubungan dengan resipien. Transplantasi menjadi solusi dunia kedokteran modern untuk menyelamatkan nyawa seseorang dan tingkat keberhasilannya yang sangat tinggi untuk hidup meningkatkan resipien sehingga meningkatkan permintaan di seluruh dunia dan dijadikan sebagai amal jariyah bagi pendonornya.
Penerapan Aplikasi E-Court di Pengadilan Agama Sungguminasa Kelas I B Nur Atira Ali; Muammar Bakry; Abd. Rahman R.
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 1 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i1.27156

Abstract

This study aims to determine the application of the e-court application at the Sungguminasa Religious Court Class I B. This research is a qualitative research with a juridical approach. The main data sources in this study are interviews with judges, clerks, and advocates who know clearly about the application of e-court applications at the Sungguminasa Religious Court Class IB. Furthermore, data collection in this study used observation, interviews and documentation. Meanwhile, data processing and analysis techniques were carried out through three stages, namely: data reduction, data presentation and conclusion drawing. The results of the study show that the application of e-court applications has not been maximized. This can be seen from the users of the e-court application only from registered users (advocates) and none of them have been used by other users (non advocates), this is due to the lack of Human Resources (HR) in the field of Information Technology (IT). Therefore, the benefits of the e-court application can only be felt by some groups, namely for people who are technology literate and who are always active in getting information about e-court applications. Keywords: Application, E-court Application, Information Technology
Pertanggungjawaban Tindak Pidana Korupsi yang dilakukan oleh Aparatur Sipil Negara Orin Gusta Andini; Fitrah Marinda; Khulaifi Hamdani
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 1 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i1.29188

Abstract

The civil servants is the actor with the most corruption cases in the first semester of 2021. With its status as a state civil apparatus, including the law enforcement profession, it should receive more severe criminal sanctions. The criminal case in decision number 10/PID.TPK/2021/PT DKI. precisely without weighting. In addition, the judge's consideration of gender status where the perpetrator is a woman leads to considerations that relieve the perpetrator. This writing uses a normative research method with a case approach and a statutory approach. The analysis was carried out on library materials or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials The results of the analysis were then described in a qualitative descriptive manner. The results of the study indicate that the accountability for criminal acts of corruption committed by state civil servants should be given weight by referring to the provisions of Article 52 of the Criminal Code (KUHP) so that the punishment in case number 10/PID.TPK/2021/PT DKI is not in line with the spirit of eradicating corruption, which should be aimed at providing a deterrent effect, both specifically and in general. Keywords: civil servants, corruption, penal
Settlement of the Hadhanah Dispute After Divorce of a Husband and Wife of Different Ethnicities in Indonesia (Case Study of Rao Pasaman) Syaflin Halim Halim; Muhammad Abdurrazaq
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.32032

Abstract

Post-divorce child care disputes between husband and wife of different ethnicities, namely Minangkabau and Tapanuli. The purpose of this discussion is to find the factors causing the emergence of differences in child custody rights and an analysis of Islamic law on the hadhanah dispute that occurred between the two ethnic Minangkabau and Tapanuli in Rao Pasaman. The factor that causes child custody in Rao Pasaman to fall to the father is because the population is Tapanuli while Minangkabau is a minority so that more hadhanah falls to the father. This research is a type of qualitative research using an ethnographic approach, where the author conducts interviews, observations and documentation studies on aspects or targets of the research subject. It turns out that in the author's findings in resolving the hadhanah dispute after a different ethnic divorce occurred in Rao Pasaman, it was the Minangkabau ethnic who wanted to resolve the dispute through the courts, while the Tapanuli ethnic only settled up to the non-litigation stage, namely through the village head (ninik mamak and hatobangon) without being resolved through a legal route. litigation (Religious Court). From the perspective of Islamic law, the settlement of the hadhanah dispute in Rao Pasaman does not use Islamic guidance. This is because in Rao Pasaman the majority of the people are Tapanuli while the Minangkabau people have become a minority Keyword: Dispute, Hadhanah, Ethnic, Minangkabau, Tapanuli
Building a Sakinah Family through the Rahmat Pura Wedding Tradition Wulida Ainur Rofiq; Khoirul Anwar; Abdillah Afabih
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.31612

Abstract

Realizing a sakinah family is the dream of every married couple. A family full of love and affection. The occurrence of mutual understanding and good understanding and able to overcome any conflicts in the family. It takes a lot of effort and many factors influence it. In the Islamic Boarding School, the Source of Mental Education in the Religion of Allah, there is a tradition of mass marriages called Rahmat Pura. This marriage has interesting stages because it has values ​​and goals to create a sakinah family. This study uses a phenomenological approach, examining the consciousness experience of each individual through identifying the essential qualities of the consciousness experience by conducting in-depth research on the mass marriage of Rahmat Pura. As a result, families who marry through the stages of the Rahmat Pura mass marriage are able to realize a sakinah family thanks to following the stages in the Rahmat Pura mass marriage.
Ibadah Afdhaliyah dalam Fenomena Penyelenggaraan Ibadah Haji Musyfikah Ilyas
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.31981

Abstract

This study discusses the afdhaliyah worship as a phenomenon in conducting the pilgrimage. The pilgrimage requires special physical and spiritual abilities, as well as having comprehensive and well organized knowledge so the implementation of the pilgrimage process ends with mabrur level. The research method uses a qualitative design by collecting data in a literature review, archive study, mass media, conducting in-depth interviews. Then processing and analyzing the data afterwards. The implementation of the pilgrimage includes worship that is carried out at a certain time, nuance, and place which based on the scholars' view is very essential to carry out; This worship is said to be afdhaliyah because it is very important to do, but in practice there are some people who really force themselves and even disobey the rules that have been set so that it can harm the implementation of the Hajj in general, and disregard the safety, benefit and security of the pilgrims in particular. This is interesting because the Hajj pilgrims are too pursuing profits rather than the safety and security of their individual with the result that many pilgrims experience heat stroke or heatstroke and heat exhaustion or fatigue which can trigger other diseases so that the pilgrims must receive more intensive care, this becomes a phenomena in the pilgrimage that must be observed and identified so that pilgrims should have not only pursued rewards, they also have to maintain their safety and security as well. In the implementation of the pilgrimage, it is necessary to carry out the obligatory and pillars of the pilgrimage itself as a condition for the pilgrimage validity. Afdhaliyah worship is valuable to do if the place is in the right conditions, on the other hand if it is dangerous for the life of the pilgrims then it is not allowed. Keywords: Worship, Hajj, Afdhaliyah
Profesionalism of Female Judges at the Religious Court of Sungguminasa Class I B Widia Amelia Widia; Achmad Musyahid; La Ode Ismail
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.33823

Abstract

This study aims to determine the professionalism of female judges in the Sungguminasa religious court as a requirement for female judges in implementing decisions with the values of responsibility as a fair court. This research is a qualitative study with a socio-legal research approach. The main data source of this research is interviews with female judges.Furthermore, data collection in this study uses observation, interviews and documentation.Meanwhile, data processing and analysis techniques are carried out through three stages, namely data reduction, data presentation and conclusion drawing.The results showed that the professionalism of female judges will show how the quality of decisions, so that female judges in the Sungguminasa religious court must be intellectual, experienced, responsible for legal and moral aspects and driven by the effectiveness of the caseload. Although female judges at the Sungguminasa religious court have good competence in terms of education, the lack of appealed decisions and their average experience of 15 years. However, it was found that there are several problems of female judges in maintaining their professionalism, including ineffective communication between judges and litigants, the existence of female judges' decisions that correlate with the woman solidarity, especially polygamy cases, there is still no time discipline, the imbalance in the ratio of the number of judges to the caseload will affect performance productivity because with the frequency of too many cases that must be tried by judges, it will affect the cognitive and emotional aspects of judges and support for increasing the professional capacity of judges has not been maximized. Moreover, in the age of technology, where judges must have competence in the IT field, it can be seen from the lack of opportunities to attend training or technical guidance. Moreover, in the age of technology, judges must have competence in IT. So it is necessary to attend training, especially senior judges.
The Effectiveness of Supreme Court Regulation No. 5 of 2019 in Efforts to Prevent Child Marriage Muhammad Fajri
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.34374

Abstract

The birth of Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Trying Marriage Dispensation Applications aims to provide clear rules regarding the procedure for determining or granting marriage dispensation by judges. However, it is considered that it has not made a significant change in the high number of marriage dispensation cases that have entered the judiciary, which at the same time shows the ineffectiveness of limiting the practice of child marriage. The courts that are trying to stem the surge in the practice of child marriage do not seem to have yielded satisfactory results, even with the presence of these guidelines. In reviewing the effectiveness of the law, there are problems with the legal factors themselves, namely the guidelines and Law No. 16 of 2019, which still opens up opportunities for the practice of child marriage for urgent reasons that are still multi-interpreted. Apart from that, on societal factors, the low level of public understanding of the dangers of child marriage can be seen from the rise of permissive free association, and on cultural factors, there are still members of the public who practice child marriage for reasons justified by their culture.
Juridical Analysis of the Practice of Child Marriage in the Onto Village, Bantaeng Regency Ibnu Izzah
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.34605

Abstract

This study examines the analysis of Islamic Law and National Law in addressing the practice of Child Marriage that occurred in the Onto Village, Bantaeng Regency. The purpose of this research is to build synergy between the Islamic Family Law study program and the local government regarding the prevention of child marriage and provide education regarding the ideal minimum age for marriage from a legal and health perspective. This type of research is field research with data collection methods, observation, documentation and interviews with several parties concerned directly with the object of this research. Research data were obtained from two sources, namely interviews, legal counselling, and questionnaires which are the primary data sources. While the second is books, journals, and literature related to marriage which are secondary data sources in this study. The results of this study indicate that child marriage that occurs in the Onto Village community is dilator due to several factors, namely the lack of public understanding regarding the minimum age limit for marriage regulated in law, as well as the psychological and reproductive health impacts, especially for the bride, and also economic factors. So that the implications of this research will give birth to the dissemination of ideal marriage to the community along with the development of child psychology and the dynamics of existing laws. Keywords: Islamic Law, National Law, Child Marriage
SILARIANG (KAWIN LARI) MENURUT PANDANGAN HUKUM ADAT DAN HUKUM ISLAM DAN DI KEC. PATTALLASSANG KAB. GOWA ilham laman
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 2 (2022)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i2.34659

Abstract

Fostering and building a household, has been regulated by law both Islamic law and with the law that exists in the community. The outbreak of the existing rules is not infrequently violated by two people who want to unite in domestic life, but sometimes get some obstacles. The purpose of holding research is to find out the problems of community related to marriage that does not go through the blessing of parents which results in the occupation of the mate (silaariang) in terms of the view of Islamic law and customary law in the Pattalassang District, Gowa Regency. This research uses the way of research, namely normative law through the framework of divinity or theological and sociological approaches. The results of the study provide information that the silariang in the Islamic legal view of the law is invalid, because the marriage that is carried out does not meet the legal elements, this also occurs without the existence of marriage guardians so that it cannot meet the legal requirements in a consent granted. Simply put it is concluded that elbows or with other names Silariang to the people of Gowa and around dikumi canceled. While Silariang in customary law in the Makassar Bugis community in Pattalassang District, Gowa Regency is seen as an act that brings siri (shame) if the act brings siri, the female family called Tumasiri has the right to take action against the Silariang perpetrators. For those who commit violations can be subject to sanctions, both in the form of minor sanctions such as exclusion and expulsion or severe sanctions, namely killed

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