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Legalitas Perkawinan yang Tidak Tercatat pada Masyarakat Pinrang ( Analisis Perma Nomor 1 Tahun 2015 tentang Pelayanan Terpadu Pencatatan Nikah) Agus Muchsin; Rukiah; Muhammad Sabir
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 1 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Marriage is a unique event because marriage is a way of gluing the knot of a family. Sociologically, the Bugis Pinrang community is obedient and obedient to the law. However, the application of marriage records has not been carried out optimally. Because there are still some couples who have not registered their marriages. This habit is proof that the legal culture has not been built to its full potential. Non-recorded marriages will have a legal impact on the child and wife. Unregistered marriages should need legal protection, not to be left without providing a solution. The form of protection was outlined in technical form by providing an opportunity to carry out the marriage certificate on the marriage which had been carried out according to the Islamic Shari'a, but was not recorded by authorized employees. Marriage rules are intended for certain things as contained in article 7 paragraph (3) KHI. The existence of this Article provides legal protection by giving the opportunity to submit a marriage certificate application. So that marriages that have not been recorded, can be recorded and recognized administratively, so that they become marriages that are formal or legal juridically.

Empowerment of Religious Values in Controlling Divorce Rates in Parepare City (Analysis of the Role of Religious Institutions) Mulki Sahnur; Agus Muchsin; Rusdaya Basri; M. Nasri Hamang; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i2.3912

The aim of this research is to describe the factors that influence the high divorce rate in Parepare City. Next, it provides an analysis of religious relations in response to the high divorce rate and the role of religious institutions in minimizing the occurrence of divorce in Parepare City. This research is a type of qualitative descriptive research with a field research style with a phenomenological approach which is useful for exploring the factors that influence the high divorce rate in Parepare City as well as religious relations and the role of religious institutions in minimizing the divorce rate in Parepare City. The primary data source for this research was obtained from direct interviews with religious institutions in Parepare City. The research results show: 1). Several factors for the high divorce rate in Parepare City are due to domestic violence, then other factors are also due to a person's level of education in married life, and the factor of not fulfilling a living both physically and mentally and a factor in the occurrence of divorce is a person's low religious values. 2). Divorce law is something that requires clear causes and conditions regarding the time the divorce occurred. Because if a divorce is carried out without any particular reason and without paying attention to the conditions or time of the divorce, the divorce may not be carried out. Divorce from a religious perspective is something that can definitely happen as a result of marriage, but divorce is the thing that is most hated by Allah and His Messenger. 3). The role of religious institutions in Parepare City in reducing the high divorce rate is by optimizing the function of the BP4 institution which plays a role as an educational, consultative and marriage empowerment institution. Apart from that, the BP4 institution also provides competent staff such as expert advisors and religious instructors who are expected to be able to carry out their roles in broadcasting religious messages in accordance with the beliefs of those they train.

Status of Children from Unregistered Marriage Based on Minister of Home Affairs Regulation No. 109 of 2019 (Study of the Barru Regency Capil Population Service) Suhera; Agus Muchsin; Zainal Said; Sudirman; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i2.4617

Children are the most precious gift of marriage, and their physical and spiritual rights and needs must be met. Based on existing laws and regulations, the state recognizes and guarantees these rights by providing a birth certificate as proof and legal recognition. Marriages must be registered in accordance with Law Number 1 of 1974 which regulates marriage as a condition for registering the birth of a child. Therefore, knowing the status of children resulting from unregistered marriages is important and procedures for registering the birth of children resulting from unregistered marriages provide legal certainty. 1) What is the substance of Minister of Home Affairs Regulation Number 109 of 2019 regarding children resulting from unregistered marriages. 2) What factors influence the status of children who are not registered in the Minister of Home Affairs Regulation Number 109 of 2019 Capil Barru Regency. 3). How to Legally Settle Children Resulting from Unregistered Marriages Minister of Home Affairs Regulation Number 109 of 2019 Study of the Barru Regency Capil Population Service. This type of research is field research which is carried out in the middle of the research object in order to find out and obtain clear data using qualitative description methods. Research carried out in the field examines problems of a qualitative nature. The data collected is generally in the form of words, pictures and number books. The data collection uses observation, interview and documentation techniques, by analyzing the data using data reduction, data presentation and drawing conclusions. Based on the research results, it can be concluded that the condition of children born from marriages that are not registered means that there is no authentic evidence that the child was born from a valid marriage. Based on the results of interviews with Barru Regency Capil employees, unregistered marriages result in difficulties in the process of obtaining certificates for children. Therefore, every marriage must be registered in order to provide full legal certainty and justice in the fulfillment of children's rights.

Effectiveness of Law on the Implementation of District Government Policy Enrekang About Zakat Management Through the Payroll System Method Soalehuddin; Agus Muchsin; Rahmawati; Hannani; Mukhtar Yunus
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4630

The institution of zakat is one of the sources and resources that can be used to reduce poverty. Zakat, which is not at all an act of charity or a voluntary act with good intentions on the part of the giver, is an obligation on the person who pays it. It is the right of the people who need it. By giving zakat, a Muslim and Muslim woman means cleaning up their income and wealth. When the poor take it, they know that they bear no obligation to the giver. The aims and objectives of this research are to provide benefits both theoretically and practically theoretically, namely to enrich and develop the study of legal science in general and especially in Islamic science. Providing references for further researchers and additional library materials for anyone who needs them. Meanwhile, in practical terms, this is to be able to increase knowledge as well as one of the requirements for passing Master's studies and getting an MH degree. And it is hoped that they will be able to understand the legal position of online zakat from a fiqhi perspective. The results of this research show that Zakat is an obligatory worship for Muslims who have assets that meet the mandatory zakat requirements. If the management of zakat payments is carried out optimally, it can become a social instrument to overcome the problem of poverty and unequal income distribution in Indonesia. This means that zakat has a very fundamental meaning. Apart from being closely related to the divine aspect.

Nasikh Mansukh's Implications for the Implementation of the Director General of Islamic Community Guidance Decree No. 379 of 2018 concerning Marriage Guidance to Prevent Divorce (Study at KUA Panca Rijang District, Sidrap Regency) Akram Akkas; Hannani; Zainal Said; Agus Muchsin; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4641

Regulation of the Director General of Islamic Community Guidance at the Ministry of Religion Number 379 of 2018 instructs that every man and woman who wishes to get married must follow marriage guidance organized by the Ministry of Religion and accredited Islamic religious organizations. Certain laws will be replaced by new laws in the future, which will then be known as Nasakh Mansukh. This thesis discusses the implications of Nasikh Mansukh for the implementation of the Decree of the Director General of Islamic Community Guidance Number 379 of 2018 concerning Marriage Guidance to Prevent Divorce. The results of this research show that the implementation of marriage guidance (Bimwin) in Panca Rijang District, Sidrap Regency for prospective brides and grooms in creating a sakinah family. Nasikh Mansukh's implications for the implementation of Islamic Guidance Regulation No. 379/2018 regarding marriage guidance does not have Nasikh Mansukh, but rather complements and strengthens the previous regulations and can be said to be bayan taqrir.

Gender Analysis of Minimum Age Limits Marriage in Law Number 16 of the Year 2019 concerning Marriage in Polewali Regency Mandar Asyrul; Rusdaya Basri; Rahmawati; Sudirman L; Agus Muchsin
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4736

Islam determines and views the importance of marriage, so that a marriage must go through and consider religious, moral and social grounds. Marriage in Islam is seen as a strong bond and an absolute commitment to social life and to being an honorable human being. One of the issues discussed and the source of Islamic teachings is the issue of marriage. In the concept of Islamic law, there is no absolute provision regarding the minimum age a person is allowed to marry. The Qur'an indicates that the person who will enter into marriage must be someone who is ready and able. This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location. Based on the results of an interview with Mr. Ahmad Yasin, S.H.i (Head Binuang District KUA) then it can be concluded that marriage dispensation is an application submitted by Indonesian citizens who want to get married but are prevented by the specified age limit. They cannot marry until they obtain special permission in the form of a marriage dispensation from the religious court. According to Mr Ahmad Yasin, awareness of the marriage age limit was obtained through outreach carried out by the Ministry of Religion of Polewali Mandar Regency. Based on the results that researchers have obtained, it can be concluded regarding gender analysis of the minimum age limit for marriage in Law Number 16 of 2019 concerning marriage in Polewali Mandar Regency, Protection of Women's Rights and Welfare is important to prevent early marriage which tends to have a greater negative impact against women, such as health risks, interrupted education, and limited economic opportunities. Setting the same age limit for men and women reflects the principle of gender equality and avoids discrimination based on sex in the context of marriage in Polewali Mandar Regency.

The Existence of Islamic Religious Counselors in Combating Underage Marriages in Mandalle Sub-district Saripuddin; Agus Muchsin; Rahmawati; Rusdaya Basri; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4742

Underage marriage is a marriage at a young age. The government has set the ideal marriage age at 19 for both parties. However, there are still cases of marriages below the age of 19. The purpose of this research is to identify the factors causing underage marriages in Mandalle Sub-district. This research is a qualitative study with a case study approach. Data collection techniques include observation, interviews, and documentation. The research design is descriptive. The results show that, first, the factors causing underage marriages in the Office of Religious Affairs (KUA) in Mandalle Sub-district, Pangkajene, and Kepulauan Regency are due to low education, lack of knowledge about marriage laws (Law No. 16 of 2019), economic factors, cultural factors, and unwanted pregnancies. Second, the efforts made by Islamic religious counselors in KUA Mandalle Sub-district, Pangkajene, and Kepulauan Regency in handling underage marriages are: (a) conducting counseling or socialization to the community, especially teenagers; (b) Providing information about the impact of underage marriages; (c) Emphasizing the role of parents, as parents play a significant role in a child's decision to marry early. Parents are expected to provide insights and full control over their children so that they understand the consequences of underage marriages.

Legalitas Pernikahan Via Live Streaming aalam Perspektif Hukum Islam: Legality of Marriage Via Live Streaming Islamic Legal Perspective Rusdaya Basri; Amiruddin; Agus Muchsin; Zainal Said; Rahmawati
IQRA JURNAL ILMU KEPENDIDIKAN & KEISLAMAN Vol 19 No 1: Januari 2024
Publisher : Fakultas Agama Islam, Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/iqra.v19i1.4778

Penelitian ini membahas tentang legalitas pernikahan via live streaming dalam persfektif hukum Islam penelitian tesis ini bertujuan untuk mengetahui legalitas serta realita pernikahan via live streaming, landasan yuridis pernikahan via live streaming serta bagaiamana pandangan para ulama klasik dan kontemporer menyikapi pernikahan via live streaming. Jenis penelitian ini adalah penelitian pustaka (library research) yang bersumber dari kitab-kitab ulama empat mazhab yang membahas pernikahan dan yang terkait dengannya, buku-buku yang terkait hukum pernikahan, jurnal ilmiah, yang resmi menjadi pegangan dan berkaitan dengan pokok bahasa penelitian. Hasil Penelitian ini menunjukkan bahwa (1) Pernikahan via live streaming merupakan pernikahan yang diselengarakan oleh pasangan yang tidak dapat melaksanakan pernikahan secara langsung serta berada dalam situasi jarak yang jauh sehingga mengharuskan terjadinya akad melalui jalan telekomunikasi suara serta gambar yang tayang dilayar. (2) Hukum akad nikah menurut peraturan pernikahan di Indonesia sudah memenuhi rukun dan syarat pernikahan serta tidak bertentangan dengan Kompilasi Hukum Islam, maka pernikahan tersebut sah. Hal ini dikuatkan dengan ketentuan pasal 27 sampai dengan pasal 29 Kompilasi Hukum Islam. (3) Para ulama berbeda pendpat dalam masalah legalitas pernikahan live streaming, Ulama dari Mazhab Hanafi dan Hambali condong membolehkan pernikahan disebabkan mereka tidak mensyaratkan kesatuan tempat antara ijab dan qabul. Berbeda dengan para ulama dari kalangan Mazhab Malikiyah dan Syafi‘iyah mereka cenderung lebih ketat dan mengharuskan ittihadul majelis, masalah ini berkaitan erat dengan masalah syahadah (kesaksian) dalam akad nikah, saksi harus dapat melihat serta menyaksikan dengan mata kepala, bahwa rangkaian pengucapan ijab kabul benar-benar dilakukan sebagaimana yang telah ditentukan, dan ijab kabul itu benar-benar dari dua orang yang sedang melakukan akad.

Fulfillment of Children's Post-Divorce Supporting Obligations from an Islamic Law Perspective in Polewali Mandar Regency Sumiati; Agus Muchsin; Zainal Said; Sudirman L; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.4756

The rights of children after divorce, both in the Marriage Law and the Compilation of Islamic Law, are that children have the right to continue to receive maintenance, care and education from their parents. In terms of financing the maintenance and education of children after divorce, it is the responsibility of the father, which in the Compilation of Islamic Law is known as hadhanah living. This is a form of parental responsibility in carrying out their obligations for the realization of children's rights as regulated in Law Number 23 of 2002 concerning Child Protection. However, mothers also help in managing the household and maintaining the welfare and happiness of the family. Therefore, father and mother both have an important role in the family, and the integrity of both is highly expected in a family in order to achieve a happy family. This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location. Based on the results of the interview with Mr Syamsul, he explained that he was still able to work but did not carry out his responsibilities regarding child support rights after divorce based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl which sentenced the applicant to provide child support for 3 (three) children in the amount of Rp. 2,000,000 (two million rupiah) per month until the child is an adult or 21 years old with an additional 10% each year excluding education and health costs. Based on the results that the researcher has obtained, it can be concluded that the father's fulfillment of child support rights post-divorce in Polewali Mandar Regency based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl has not been fully carried out by the father. This is caused by various factors, ranging from economic incompetence, indifference, to a lack of effective law enforcement mechanisms

Implementation of Islamic Educational Values Based on Habituation in Improving Students' Discipline at SMP Negeri 2 Tinambung, Polman Regency Ulfa; Firman; Muhammad Qadaruddin; Agus Muchsin; Muh Akib
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.4766

This result aims to reveal the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung, with sub-focuses including (1) the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung, (2) the results of the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung, (3) obstacles and solutions in the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung. This research uses a qualitative method by conducting a descriptive approach, and data validity is checked through triangulation and reference materials. The research informants include the school principal, Islamic education teacher, and students. The results of this research indicate that: (1) the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung, Polman Regency, includes habituation in morality, habituation in worship, and habituation in creed. (2) The results of the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung, Polman Regency, show the achievement of students' discipline in adhering to habits in SMP Negeri 2 Tinambung. This has successfully encouraged students to habitually follow the school rules, especially arriving at school on time, praying before starting learning, and leaving according to the specified schedule. (3) Obstacles and solutions in the implementation of Islamic educational values based on habituation in improving students' discipline at SMP Negeri 2 Tinambung include obstacles in external factors, internal factors, and social factors. The solution is for teachers to always set an example for students, and parents continue to advise and remind them to maintain discipline wherever they are.

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