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Pascasarjana Institut Agama Islam Negeri (IAIN) Parepare

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Deconstructing the Value of Pangadereng in Maintaining Family Harmonization in Wajo Regency Mafthu Ikhsan; Rusdaya Basri; Mukhtar Yunus; Sudirman; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025 - International Journal of Health, Economics, and Social Sciences (IJHESS
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5764

Abstract

his research discusses the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency, with sub-problems: 1). What is the understanding of the people of Wajo Regency about the five pangadereng (Ade', talked, rapang, wari, and sara')? 2). How is the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency? 3). How is Urf's theory analysis related to the Deconstruction of Pangadereng Values ??in Caring for Family Harmonization in Wajo Regency. With the main objective of knowing the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency, with sub objectives; 1). Identifying the understanding of the people of Wajo Regency about the five pangadereng (Ade', talked, rapang, wari, and sara'). 2). Identifying the Deconstruction of Pangadereng Values ??in Maintaining Family Harmony in Wajo Regency. 3). Identifying Urf theory analysis related to the Deconstruction of Pangadereng Values ??in Caring for Family Harmonization in Wajo Regency. This research is a descriptive qualitative approach that describes data obtained in the field related to the deconstruction of the value of pangadereng in maintaining harmonization in Wajo district. This research uses a descriptive qualitative approach in the form of written and verbal questions from Wajo cultural figures, religious leaders, community leaders and the community itself. The results of the research concluded that: 1) The Wajo community's understanding of pangadereng all have the same views with different presentations. Some say that pangadereng is related to norms, values ??that regulate behavior, attitudes and actions. and also convey that pangadereng is an order, rules that originate from Ade', wari, speech, rapang and sara' (Islamic law after the arrival of Islam). 2) Deconstruction of the value of pangadereng in maintaining family harmony in Wajo district can be seen from several cultural and social aspects which are an integral part of local community life. Pangadereng is a Bugis traditional value system that includes various social norms and rules, including in the family context. Several important points that can be used as a reference: a. Siri' (Self-Esteem). b. Sipakatau (Respect each other. c. Sipakainge (Remind each other. d. Assitongeng (Truth). e. Mappesona ri Dewata Seuwae (Trust in God Almighty). 3) Based on the analysis of urf theory related to the deconstruction of pangadereng values ??in maintaining family harmony in the district Wajo does not conflict with sharia' and is authentic urf, namely good and acceptable urf, therefore it must be maintained, both in the formation of laws or in the judiciary. Likewise, it does not conflict with what Rusdaya Basri stated, namely: 1) It does not conflict with the text Al-Qur'an and Hadith, 2) Does not cause harm and does not lose benefits, including not causing hardship and difficulty. 3) This applies to Muslims in general, in the sense that it is not just something that is usually done by a few people. 4) And does not apply in mahdah worship.
Comparison between Law No. 1 of 1974 and Islamic Law Regarding the Customary Marriage System of Nikka Ada' in Mamuju Society Muh Ishar; Hannani; Saidah; Agus Muchsin; Suarning
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024 - International Journal of Health, Economics, and Social Sciences (IJHESS
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.5519

Abstract

he main issues addressed in this research are: 1) The meaning and process of Nikka Ada' implementation in Mamuju, 2) Islamic law's perspective on the practice of Nikka Ada' in Mamuju, and 3) The view of National Law No. 1 of 1974 on marriage regarding the practice of Nikka Ada' in Mamuju. This study adopts a qualitative approach with descriptive research, utilizing oral questioning. The theoretical frameworks employed include comparative theory, customary wisdom, and maslahah mursalah. The findings of this research conclude that: 1) The process of divorce marriage in Kalukku sub-district is similar to conventional marriage practices, with the groom providing a dowry, witnesses, a guardian, and other customary requirements. The local customs dictate that the marriage is considered complete upon dissolution (divorce). Pregnant women will divorce when the child is born. 2) The phenomenon of divorce marriage in Kalukku sub-district, considering its purposes, brings more benefits than harm. Therefore, based on Quranic verses, Hadiths, and Islamic legal principles, the practice of divorce marriage in Kalukku sub-district is permissible, provided it is undertaken out of necessity to bring about benefits. 3) Nikka Ada' marriages in Kalukku sub-district contradict the prevailing laws as they are not conducted through a court hearing. Divorce occurs solely based on the agreement of both parties, their respective families, and community and customary leaders.
The Position of Siri's Husband Regarding the Distribution of Inheritance Assets in the Case at the Enrekang Religious Court from an Islamic Legal Perspective (Determination Study Number 161/PDT.P/2022/PA EK) Abd Jamil Salam; Rusdaya Basri; M. Ali Rusdi; Aris; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) - January
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5792

Abstract

The main problems in this research are 1) What are the Judge's Legal Considerations in Decision Number 161/Pdt.P/2022/Pa Ek?. 2) What is the Position of Siri's Husband as the Heir of Siri's Wife from a National Law Perspective? 3) What is the Position of Siri's Husband? As the Heir of Siri's Wife Seen from the Perspective of Islamic Law? This research uses a type of library research with a normative juridical approach. Data collection techniques using document studies (library materials). The theories used are utility theory and legal certainty theory. The results of the research concluded that 1) The judge's legal considerations in Judge Determination Number 161/Pdt.P/2022/Pa Ek were that the panel of judges did not include the husband of the deceased as an heir because there was no clarity regarding the condition of the deceased's husband. And there is no legally registered marriage registration. Therefore, the heirs from the unregistered marriage only fell to the deceased's biological mother and her 2 children. 2) The position of the unregistered husband as the legal representative of the unregistered wife, viewed from the perspective of national law, is that in an unregistered marriage there is no distribution of assets to the wife or children resulting from an unregistered marriage, unless there is an agreement or civil agreement between the husband and wife only. The existence of an agreement in a deed made before a Notary opens up opportunities for wives and children resulting from unregistered marriages to receive a share of the mutually beneficial assets. An unmarried wife/husband can obtain mutually beneficial assets through a mediation or negotiation process between husband and wife, with the help of a legal consultant or the family. 3) The position of the unregistered husband as the wawris expert of the unregistered wife is viewed from the perspective of Islamic law. In this case it can be said that a marriage that does not meet the provisions of maqashid sharia is considered not in accordance with the purpose of the marriage itself so that the marriage is not fulfilled.