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KEDUDUKAN ANAK DI LUAR NIKAH DI INDONESIA Hamiyuddin, Hamiyuddin
Musawa: Journal for Gender Studies Vol 10 No 1 (2018)
Publisher : Pusat Studi Gender dan Anak, IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/msw.v10i1.391

Children are the mandate and gift of Allah SWT, which we must always guard because in him the inherent dignity, dignity and rights as human beings must be upheld. Out-of-wedlock children are children born to a woman, while the woman is not in a legal marriage with a man who intercourse with her. This paper discusses the legal position of extramarital children in Indonesia with the aim of knowing the criteria for extramarital children according to Islamic law and the position of out-of-wedlock children in religious courts in Indonesia based on Law No. 1 of 1974 concerning marriage.

KEDUDUKAN ANAK DI LUAR NIKAH DI INDONESIA Hamiyuddin, Hamiyuddin
Musawa: Journal for Gender Studies Vol. 10 No. 1 (2018)
Publisher : Pusat Studi Gender dan Anak, IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/msw.v10i1.391

Children are the mandate and gift of Allah SWT, which we must always guard because in him the inherent dignity, dignity and rights as human beings must be upheld. Out-of-wedlock children are children born to a woman, while the woman is not in a legal marriage with a man who intercourse with her. This paper discusses the legal position of extramarital children in Indonesia with the aim of knowing the criteria for extramarital children according to Islamic law and the position of out-of-wedlock children in religious courts in Indonesia based on Law No. 1 of 1974 concerning marriage.

TINJAUAN FIQH SIYASAH TERHADAP PERAN POLISI PAMONG PRAJA PADA MASA PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT Muhajir, Muhajir; Hamiyuddin, Hamiyuddin
Datuk Sulaiman Law Review (DaLRev) Vol 4 No 1 (2023): Datuk Sulaiman Law Review (DaLRev)
Publisher : Program Studi Hukum Tata Negara (Siyasah) IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/dalrev.v4i1.3719

This study is entitled a review of fiqh siyasah on the role of civil service police during the time of imposing restrictions on community activities (studies on the civil service police unit of Palu City). The problems are 1). What is the review of fiqh siyasa on the role of civil service police during the time when restrictions on community activities were imposed in the city of Palu? 2). What obstacles arise in carrying out the duties and roles of the Civil Service Police during the implementation of restrictions on community activities in the city of Palu? And aims to: 1). To understand the fiqh siyasa review of the role of the civil service police during the time when restrictions on community activities were imposed in the city of Palu. 2). To understand the obstacles that arise in executing tasks and the role of civil service police when implementing restrictions on community activities in Palu. This study uses an interdisciplinary approach to examine a topic/issue, where communication, collaboration, and integration occur, starting from definitions, objectives, processes, and data collection to analysis and conclusions. The subjects in this study consisted of secretaries and heads of public protection. Meanwhile, the object of this study is a fiqh siyasah review of the role of civil service police during the time when restrictions on community activities were imposed. A review of siyasa fiqh on the role of the Polisi pamong Praja during the time when restrictions on community activities were imposed in the city of Palu is in accordance with the principles of siyasa fiqh. The efforts of thePolisi Pamong Praja helped raise awareness and provide understanding to the public so that the city of Palu is free from Covid-19.The conclusion from the results of the study is that cooperation between authorities such as Polisi Pamong Praja, TNI, Polri, transportation service and the community can help the city of Palu be free from the spike in the increase in exposure to Covid-19 when restrictions on community activities were imposed. Suggestions from this study are that the municipal police unit in Palu City needs to improve its human resources so that it can maximize the tasks carried out during the implementation of restrictions on community activities and take a closer approach to the people of Palu City so that they prioritize discipline and comply with health protocols to achieve this. Palu city that is healthy and free of covid-19.

Dispensation of Pre-Marital Pregnancy Marriage in Parigi Religious Court Hamiyuddin, Hamiyuddin; Madsaid; Lukman S. Thahir; Nasaruddin, Nasaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.85

This study discusses the form and factors of implementing the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 2019 and a review of the maqashid shari'ah. The type of research used in this study is qualitative research (field) with a case study approach. The data used in the study are primary and secondary data. Data collection techniques are observation, interviews, and documentation. The results of this study indicate that the form and factors of the implementation of the dispensation of premarital pregnancy at the Parigi Religious Court according to Law Number 16 of 201219 are that every year, the Parigi Religious Court decides and resolves cases of marriage dispensation applications with an average percentage of 93% of prospective brides who are already pregnant outside of marriage have been granted by the judge. The factors for the judge to grant the dispensation of premarital pregnancy at the Parigi Religious Court are formal legal considerations, Supreme Court Regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, as well as material legal considerations, marriage law, ushul fiqh principles, maslahah mursalah, and social justice. The review of maqasid sharia on the form and factors of implementing the dispensation of premarital pregnancy according to Law Number 16 of 2019 is that it does not conflict with Islamic law; in fact, the policy is in line with the objectives of Islamic law (maqasid shari'ah). For now, the author agrees with the consideration of granting the dispensation of premarital pregnancy. Still, the role of maqasid shari'ah only contributes a little, namely considerations related to protecting offspring (hifz al nasal).

Implementation of Prospective Bride and Groom Courses in North Balantak District, Banggai Regency Jarudin , Jarudin; Hilal Malarangan; Yamani, Gasim; Hamiyuddin, Hamiyuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.104

This study aims to evaluate the implementation of prospective bride and groom courses in Balantak Utara District, Banggai Regency, focusing on efforts to improve household quality through pre-marital counseling. The high number of divorce cases and the large number of unregistered marriages, as well as the low public awareness of Islamic teachings and the fulfillment of basic needs, indicate the need for prospective bride and groom courses as a means to improve family conditions in this area. The study used a qualitative approach with data collection techniques through observation, in-depth interviews, and document analysis. The results showed that implementing prospective bride and groom courses in Balantak Utara District consisted of three stages: guidance at the KUA, health guidance at the Community Health Center, and further guidance by education practitioners and counselors. However, the implementation of pre-marital guidance at the KUA was not optimal, with shortcomings in delivering material on harmonious family relationships and preparation for a quality generation. Meanwhile, guidance at the Community Health Center has been implemented quite well regarding reproductive health and healthy lifestyles, but further guidance has not been fully implemented. This study suggests the need to improve facilities and infrastructure as well as competent teaching staff to support the achievement of a harmonious family in Balantak Utara District

Sowing Peace, Reaping Harmony: The Role of Religious Figures in Grounding Religious Moderation in Sulawesi (A Socio-Legal Study B, M Taufan; Budiono, Arief; Ubay, Ubay; Marzuki, Marzuki; Sapruddin, Sapruddin; Hamiyuddin, Hamiyuddin; Hanafi, Muhammad Amin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6836

This study critically inquires the role of religious figures within the framework of instilling the concept of religious moderation in Indonesia. The main reason for this study is that social facts in Indonesia today, indicate that there are certain people who interpret religion in extreme ways. This is the background behind the issuance of Presidential Regulation Number 18 of 2020 which places religious moderation as a fundamental social capital for nation building. In line with that, this paper maps out the strategies run by religious leaders in carrying out their roles in grounding the concept of religious moderation. This article is based on socio-legal research. The data were collected through observation, in-depth interviews, and documentation. The result of this study shows that religious leaders play an important role in instilling religious moderation by acting as inspirations in inter-religious interactions, motivators in understanding religious moderation, role models in moderation behavior, initiators of moderate religious perspectives, promoters of internal and external dialogue, mediators, catalysts, in carrying out Islam as rahmatan li al-alamin, and is at the forefront (spearhead) in socializing the concept of religious moderation.

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