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Journal : International Journal of Health, Economics, and Social Sciences (IJHESS)

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) Vol. 7 No. 1: January 2025
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.
Social Fiqhi Analysis of Career Women in Fulfilling Family Support in the Bugis Community in Ganra District, Soppeng Regency Yuliana Dewi Amriana; Rahmawati; Saidah; Rusdaya Basri; Aris
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 2: April 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.7223

Abstract

This research discusses career women and fulfilling their family's livelihood in the Bugis community in Ganra District, Soppeng Regency through social fiqhi analysis. This is based on the dynamics of life development, namely the involvement of women in the world of work with the nickname of career women to participate in providing for the family. The main problems are: 1) What are the factors that encourage women in Bugis community families in Ganra District to become career women? 2) What is the social fiqhi analysis of career women in fulfilling their family's livelihood in the Bugis community in Ganra District?. The author conducted research using a descriptive qualitative method approach; the data sources in this research are housewives who work as honorary workers, ulama, the Head of Ganra District, and the community in Ganra District (primary data) and documents on the condition of the population in Ganra District (secondary data); The research instrument is the researcher himself and is assisted through data collection tools, namely observation sheets, interview guides, digital cameras and tape recorders; data collection techniques are observation, interviews, and documentation; and testing the validity of research data, namely credibility, transferability, dependability, and confirmability. The main problem solving process in this research uses grand theory, namely the theory of social jurisprudence and the theory of the role of women. The results of this research show that 1) The involvement of women from Bugis community families in Ganra District in the world of work is influenced by various factors, namely: economic factors, lack of husband's income to meet all household needs. Educational factor, a form of women's self-actualization regarding the education they have received. Technological developments, availability of jobs that suit your skills. Financial independence, reducing dependence on husband. 2) In Bugis families, women who are married and want to work outside the home must first obtain permission from their husbands. This is in line with the principles of social fiqhi, namely legal contextualization, maslahah, dynamic/adaptive, social role in law, and social justice which shows that men and women have the same opportunities to improve their abilities in the world of work. Women who have received permission to work outside the home are obliged to maintain a balance between their rights and obligations as housewives and career women. However, in the position of fulfilling family support, the obligation is the man's duty as a husband. Meanwhile, women's work is seen as a form of financial support for themselves and their families.