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Mabbollo Tradition in Bugis Marriage in Bone Regency Urf Perspective Nuh, Ahmad; Saleh, Muhammad; Basri, St. Risnawati; Raziq, Abd
Journal of Family Law and Islamic Court Vol. 2 No. 1 (2023): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i1.13151

Abstract

The main point of this research is Urf's view of the Mabbollo tradition in Bugis marriage customs in Bone Regency. The main problem consists of two sub-problems, namely: How did the Mabbollo Tradition come about in Bone Regency? And what is the urf analysis of the Mabbollo Tradition in Bone Regency? The results of this research show that Mabbollo in Bugis marriage customs in Bone Regency, is 1). For those who are pro, they really believe that if an unmarried older sister should be stepped into marriage by her younger sister, they believe that the older sister's life in the future will not go smoothly. good, especially for marriage issues. Meanwhile, those who are against it do not agree with this custom because according to them it will only have bad effects, especially for the younger sibling's mental health. 2). Mabbolla, viewed from the results of the Urf Analysis, is not prohibited, but rather recommends marriage as long as a person is capable, both physically and spiritually, as long as the marriage has been fulfilled in harmony and conditions. The Mabbollo tradition can give mashlah to special families, it can strengthen the ties of friendship between older brothers and sisters. who overstepped his marriage. 
Castal Punishment in the Perspective of Islamic Law Atika, Nur; Nuh, Ahmad; Salam, Abdul; Kappaja, Ismail
Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18032

Abstract

This study aims to examine the application of chemical castration punishment to perpetrators of child sexual violence in Indonesia from the perspective of Islamic law. In Indonesia’s positive law, chemical castration is regulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional penalty. The method used is a normative juridical approach with a qualitative research design. This study seeks to analyze the compatibility of chemical castration with the principles of Islamic law, focusing on whether it aligns with the maqashid al-sharia (objectives of Islamic law) and the core values of justice and fairness. The research findings suggest that chemical castration could be categorized as a form of takzir (discretionary punishment) in Islamic law, provided it does not conflict with the fundamental objectives of sharia, and that its implementation must adhere to the principles of proportionality and fairness. The research also critically assesses the broader implications of chemical castration, particularly from ethical, human rights, and legal perspectives. It delves into the ethical concerns of the medical profession regarding its implementation, highlighting the balance between upholding justice and respecting human dignity. Additionally, the study explores the views of contemporary Islamic scholars on the use of chemical castration as a punishment, assessing the debates surrounding its legitimacy in the context of Islamic jurisprudence. Ultimately, the study aims to provide a comprehensive understanding of the legal, ethical, and religious dimensions of chemical castration as a criminal penalty in Indonesia.