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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Kuriositas: Media Komunikasi Sosial dan Keagamaan Mazahibuna: Jurnal Perbandingan Mazhab Legal Protection for the Partnership Agreement Parties
Nurdin, Roswati
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Exploring Diverse Madhhabs' Perspectives on Wearing a Veil among Female Students Nurdin, Roswati; Dahlan, Mohd Akram bin Dato Dahaman; Rajab; Kamal, Latri; Thalhah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.41323

Abstract

The increasing prevalence of veiling among female students is requiring urgent examination. Therefore, this study analyzes veiling during prayer, emphasizing four madhhabs to show varying perspectives and implications for student populations in Ambon State Islamic Institute. A comparative analysis of legal principles is adopted to integrate sociological perspectives using an interdisciplinary approach. Data collection includes interviews, documentation, and bibliographic studies, with emphasis on the influential novel turāś (classic book). The results show that there are three main issues, namely concerns regarding prostration perfection in hadith, debates on mouth and nose closure during prayer, and discussions on intimate body part boundaries for women. In addition, Jumhūr Ulamā (the Majority of Scholars) from al-Shāfi'ī, Hanafī, and Mālikī madhhab concur on visibility necessities in specific situations. Veiling is recommended during prayer unless there is concern for slander. In this context, students' awareness of feminist jurisprudence is stated, advocating for a nuanced understanding beyond a singular perspective. Veiling practices should also be comprehended during prayer among Muslims to urge respect for diverse Islamic opinions. This study reports the urgency of addressing the multifaceted issue and advocates for a comprehensive perspective.
REVIEW OF TASYRĪ' PHILOSOPHY ON QABŪL REPRESENTATION IN MARRIAGE IN PALLANGGA DISTRICT, GOWA REGENCY Idrus, Achmad Musyahid; Mukarromah, Nurul Faatikhatul; Ramli, Arif Rahman; Nurdin, Roswati; Abdul Qayyum, Abdul Rahman Hi
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.40082

Abstract

This study aims to analyze and explore the philosophical aspects of the concept of Tasyri' in the context of Kabul representation in marriage, especially in Pallangga District, Gowa Regency. Tasyri' is an approach to Islamic law that covers various aspects of life, including marriage law. Kabul representation, as the guiding principle of marital property, has its roots in the philosophical views underlying Islamic law. This research uses a qualitative approach with textual analysis methods to explore a deep understanding of Tasyri's philosophical views regarding Kabul representation. The data was collected through in-depth interviews with religious leaders, Islamic jurists, and communities in Pallangga sub-district. In addition, primary sources such as Islamic law books and related literature are also used as references to support the analysis. The results showed that Kabul's representation in marriage had a deep philosophical basis in Tashri's view. This principle reflects aspects of equality, justice, and responsibility in the marital relationship. This philosophical view provides the foundation for the application of marriage law that accommodates individual and family interests in a balanced manner. In the context of Pallangga sub-district, Kabul representation still has relevance and is applied in marriage practice. However, there are also social and cultural dynamics that influence the interpretation and implementation of this principle. The study concludes that understanding Tasyri's philosophical views on Kabul representation can provide deeper insight into the cultural roots and values that shape the practice of marriage law in the society
RELIGIOUS MODERATION IN COMPARATIVE MADHHAB CURRICULUM: A COMPARATIVE STUDY OF IAIN AMBON AND UIN ALAUDDIN MAKASSAR Nurdin, Roswati; Musgamy, Awaliyah; Thalhah; Ulath, Sanusi
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.51924

Abstract

This study aims to examine how religious moderation values are manifested in the curriculum of Comparative Fiqh study programs at IAIN Ambon and UIN Alauddin Makassar. It focuses on understanding how these values are embedded in the program’s vision and implemented across four dimensions: Ideological, Document, Process, and Outcome. This qualitative research uses a case study approach, analyzing documents such as institutional strategic plans, program curricula, and reports from IAIN Ambon and UIN Alauddin Makassar. Interviews with faculty members and program administrators were conducted to gain insights into the practical implementation of religious moderation within the curriculum. The data was analyzed thematically. The study found that both institutions incorporate religious moderation values, including tolerance (tasamuh), compassion (tarahum), cooperation (taawun), and harmony (rukun) into their Comparative Fiqh curricula. These values are reflected in the institutions’ visions, emphasizing multiculturalism and universal Islamic principles. However, the integration of these values varies slightly between the two universities, influenced by their distinct local contexts. This research provides original insights into how religious moderation is integrated into Islamic higher education curricula in Indonesia, specifically within Comparative Fiqh programs. It bridges the gap between Islamic educational theory and practice, offering new empirical evidence on the incorporation of moderation in curriculum development. The findings have significant implications for Islamic education policy, curriculum design, and teacher training, encouraging the integration of religious moderation values in educational practices to foster inclusive, tolerant, and peaceful academic environments.
The Practice of Hajj Substitution in Indonesia: The Search for Legal Certainty through Usul al-Fiqh Approach Nurdin, Roswati; Rajab, H.
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (843.964 KB) | DOI: 10.30631/alrisalah.v20i2.576

Abstract

This article discusses the issue of legal certainty of the practice of hajj substitution (badal haji) in Indonesia for the prospective pilgrims who have died before the pilgrim season or have suffered from chronic diseases hindering them from performing the planned hajj from the perspective of uṣūl al-fiqh approach. Despite the fact that Hajj substitution has been widely practiced, there are problems with regards to both legal basis and actual practices. From the fiqh point of view, the issue is subject to dissent between the scholars and jurists. As for its actual practice, there is a wide opportunity for abuse from irresponsible parties. Along with this background, in seeking for legal certainty, this article employs bayānī (textual), taʻlīlī (causation), and istiṣlāḥī (public interest) reasoning of uṣūl al-fiqh upon the relevant literature. Through bayānī reasoning, this article concludes that hajj substitution is obliged by some texts of hadith. Taʿlīlī reasoning reveals that the obligation applies only to the people who are at some point had reached the level of istiṭāʿa in their life. Finally, istiṣlāḥī reasoning unveils a number of adverse situations that one should take into consideration when planning for a hajj substitution on behalf of another, such as the issue of trust with the substitute of the hajj. Accordingly, this article argues that hajj substitution is allowed to be performed under the specific provision and trustworthiness.
Larvul Ngabal as the Basis for Interreligious Harmony: The Central Role of the Raja in the Kei Islands Nurdin, Roswati
KURIOSITAS: Media Komunikasi Sosial Keagamaan Vol 17 No 2 (2024): Komunikasi Sosial dan Keagamaan
Publisher : LPPM IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/kur.v17i2.11657

Abstract

The Kei Islands community is known as a community that lives by upholding the customs of Larvul Ngabal led by a king or in the term of the Kei island community called Rat. He serves as an informal leader who is equal to the head of government within the scope of indigenous peoples. This research answers the problem of how the role of customary leadership in maintaining religious harmony on the Key islands. The method used is descriptive qualitative with structured interview data collection techniques from kings, traditional leaders, community leaders, youth and migrant communities. The results showed that the role of the king or Rat and its legal structure as a conflict mediator has a role in maintaining the religious harmony of the Kei community. The position of the king as a representative of God or God and is the second head after the head of God, is a link between custom and religion and is respected by the community. As the head of customary government, the king has legal legitimacy over customary institutions including the head of the Ohoi/Ohoi Rat government and all natural resource wealth. The role of the king and his legal structure as a decision-maker at customary sessions or decisions made by the king himself are obeyed and adhered to by his community within the framework of obedience to the customary law of Larvul Ngabal which is considered sacred and sacred.
The Tradition of Mappasikarawa in the Bugis-Makassar Community Marriage: A Study of Islamic Law Philosophy Idrus, Achmad Musyahid; Nurdin, Roswati; Qayyum, Rahman; Halim, Patimah; Amir, Rahmah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.17125

Abstract

The Mappasikarawa tradition is a unique tradition carried out after the marriage ceremony by the Bugis Makassar community, this practice has become a polemic in society because it is considered only a tradition with no foundation in Islamic law. This study aims to discuss the Mappasikarawa tradition in the marriage of the Bugis Makassar community from the perspective of Islamic legal philosophy. This research is an empirical legal study using an Islamic legal philosophy approach. There are two ways used in collecting data, namely; in-depth interviews and literature studies. The research was conducted in five regions in South Sulawesi namely; Makassar, Maros, Pangkep, Gowa, and Wajo, while the informants interviewed were traditional leaders, religious leaders, academics, women's leaders and wedding couples. This study concludes that the Mappasikarawa tradition practiced by the Bugis-Makassar people has a historical basis that is rooted in Islamic law, especially a tradition of 'urf. The philosophical values contained in touching certain parts of the wife's body do not contain polytheism because touching the wife's body is always preceded by blessings on the prophet and accompanied by good prayers. Because of this, the Mappasikarawa tradition which originates from local Bugis-Makassar values can actually be said to be part of sunnah-hashanah and has relevance to Islamic law where both are manifestations of benefit for married couples.
Co-Authors Abdul Qayyum, Abdul Rahman Hi Achmad Musyahid Idrus, Achmad Musyahid Amir, Rahmah Awaliyah Musgamy Dahlan, Mohd Akram bin Dato Dahaman H. Rajab Halim, Patimah Kamal, Latri Mukarromah, Nurul Faatikhatul Qayyum, Rahman Ramli, Arif Rahman Thalhah ulath, sanusi