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Pengembangan Moderasi Mazhab di Kalangan Mahasiswa Perbandingan Mazhab dan Hukum UINAM: Relevansi Pemikiran Islam Moderat Idrus, Achmad Musyahid; Mustafa, Adriana; Asti, Mulham Jaki
KURIOSITAS: Media Komunikasi Sosial Keagamaan Vol 15 No 1 (2022): Kuriositas: Media Komunikasi Sosial dan Keagamaan (Sinta 3)
Publisher : LPPM IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/kur.v15i1.2923

Abstract

This article aims to unravel the development of religious moderation for students, especially students of Comparative Schools and Law of UIN Alauddin Makassar. The approach taken is an approach with issues of moderation. The results showed that the development of moderation in the Comparative Study Program of Schools and Law has gone well and needs to be improved again both in lecture situations and interactions in society. Moderation is a mandatory material for students to understand because moderation is one of the ways to be able to implement religious moderation more broadly. The challenge of Muslims today is with the emergence of sects of sects of sects of fanaticism that led to the birth of the forerunners of acts of radicalism or violence in the name of religion. Debriefing students comparing schools and laws through the development of moderation is a must to counteract understandings that come out of sharia teachings.
Pengabaian Hak Terhadap Mantan Istri dan Anak Pasca Perceraian di Kota Makasar; Kajian Filsafat Hukum Islam Idrus, Achmad Musyahid; Assegaf, Muhammad Rijal; Asti, Mulham Jaki; Rahman, Arif; Taudiyah, Nasya Tisfa
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 1 (2023): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i1.38340

Abstract

The purpose of this study is to find philosophical facts about the harm of abandonment of rights of wives and children after divorce by focusing research on the reality of neglect of rights of ex-wives and children in the city of Makassar, including the causes of neglect of ex-wife and child rights and forms of handling neglect of these rights. The methods used in this study are normative and sociological approaches. The analysis used in managing this research data is by using analysis of Islamic legal philosophy. In addition to these three methods, this study also interviewed divorce perpetrators directly. The results of research in this study found that neglect of the rights of wives and children after divorce has caused harm to wives and children which has implications for economic harm, psychological harm to ex-wives and children. This study concluded that the neglect of the rights of ex-wives and children in the city of Makassar was caused by the lack of employment opportunities and lack of expertise of ex-husbands as well as the lack of responsibility of the husband's manta towards the mantas of wives and children
Philosophy of Tashrī‘ Review on Internalization Maja Labo Dahu in The Legal System of The Sultanate of Bima Idrus, Achmad Musyahid; Hasan, Hamzah; Asti, Mulham Jaki; Taudiyah, Nasya Tisfa; Halim, Patimah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.1.108-128

Abstract

Maja Labo Dahu's philosophy represents the Bima community's local values that have been internalized into Islamic law. This research aims to find answers to the issues examined, namely the existence of Islamic law in the Sultanate of Bima. The primary focus lies in the analysis of the implementation of Islamic law during the Sultanate of Bima and the internalization of the philosophy of Maja Labo Dahu within the Sultanate of Bima. The method used in this research is a descriptive qualitative method, which explores written documents and information from Bima community figures who know the implementation of Islamic law in the Sultanate of Bima as a result of the internalization between the philosophy of Maja Labo Dahu and the fiqh tashrī' in Islam. The data used in this research were obtained through observation, cross-checking interviews, and literature study. The findings of this research reveal that Islamic law has existed in the Sultanate of Bima since Islam was accepted as the official religion, based on the legitimacy of the theory of shahada, which explains the application of Islamic law coinciding with the Bima community's embrace of Islam. However, formally and juridically, Islamic law was declared applicable throughout the Sultanate of Bima after the establishment of three legal institutions, namely Sara Tua, Sara Sara, and Sara hukum, which were responsible for coordinating the implementation of laws such as flogging, stoning, retribution, and discretionary punishment. The philosophy of Maja Labo Dahu has been internalized into the Islamic law of the Kingdom of Bima, causing the Bima community to feel fear and shame in committing legal violations. Keywords: Tashrī’ philosophy, Maja Labo Dahu, Family Law, Sultanate of Bima.
Konsep Ihtiyāṭ Imam Syafi’i terhadap Anjuran Menutup Aurat bagi Anak-Anak; Analisis Tindakan Preventif Pelecehan Anak Arsyad, Azman; Ibtisam, Ibtisam; Asti, Mulham Jaki
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.18193

Abstract

The basic principle in Islamic law is to provide mashlahah to mankind, so that the main objective of a law requirement must be based on the maqashid sharia aspect, namely realizing benefits for humans both in world affairs and in the afterlife. Children as part of the foundation of religion because in the future they will become the successors of the ummah, Islam is here to provide protection for them, both maintaining their survival, proper education. Preventive measures must be taken to avoid bad behavior. The purpose of this study was to explore and refer to the concept of ihtiyat Imam Syafi'i regarding the suggestion of covering one's genitals with children. The research method used is library research and is qualitative in nature. Sources of data used in this study come from primary and secondary data. The result of this research is that the ability to cover the genitals of children is a form of precaution to avoid unwanted things
Perlindungan Konsumen terhadap Barang Rusak dengan Biaya Perlindungan dalam Platform E-commerce: Analisis Hukum Perdata Islam Asti, Mulham Jaki; Farhan, Muh
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.66383

Abstract

This study examines the issue of legal protection for consumers against damaged goods that are still subject to protection fees on e-commerce platforms from the perspectives of positive law and Islamic jurisprudence (fiqh muamalah). The problem arises from the practice in which consumers, despite paying additional product protection fees, often face difficulties in obtaining compensation when the goods received are defective or not in accordance with the agreement. This research aims to analyze the forms of legal protection provided under Indonesian legislation, particularly Law Number 8 of 1999 concerning Consumer Protection and regulations governing electronic commerce, while also assessing the practice based on the principles of fiqh muamalah such as justice (al-‘adl), the prohibition of gharar (uncertainty), the prohibition of tadlis (fraud), and the concept of khiyar (option rights). The study employs a normative juridical method using statutory and conceptual approaches and adopts a comparative analysis between positive law and Islamic law. Data were collected through library research involving primary, secondary, and tertiary legal materials. The findings indicate that under positive law, consumers are entitled to accurate information, compensation, and legal remedies; however, the regulation concerning product protection fees is not specifically governed, resulting in gaps in its implementation. From the perspective of fiqh muamalah, the imposition of protection fees is permissible as long as it upholds transparency, contractual clarity, and fairness, and does not contain elements of uncertainty or injustice. Therefore, regulatory strengthening and harmonization between positive law and Islamic principles are necessary to ensure fairer, more certain, and more effective consumer protection in e-commerce transactions.