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Journal : SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam

Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law Basri, Halimah; Miswar, Andi; Hasan, Hamka; Pabbajah, Mustaqim; Khalik, Subehan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): 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.v6i2.13882

Abstract

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.
The News of the Covid-19 Vaccine in the Media and Public Resistance in Indonesia: A Study of Islamic Law Sangaji, Ruslan; Basri, Halimah; Wandi, Wandi; Sultan, Muslihin; Rasyid, Nirwana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.10892

Abstract

This article aims to examine media coverage of COVID-19 and the resistance of the Indonesian people. This research is a legal sociology study that discusses the public's response to government policies regarding the Covid-19 vaccine with an Islamic legal approach. The data is analyzed using critical discourse analysis. This study concludes that community resistance to vaccines has a relationship with online media content. News content of victims who died after the vaccine, information about vaccines that impact the human body to become sick in the long term, and information about raw materials or contents of the Covid-19 vaccine that are not halal, indirectly have implications for the community resistance. This refusal was mainly due to information about victims who had been vaccinated experienced vaccine failures, especially from social media such as YouTube, WhatsApp, and Facebook, which are sometimes difficult to justify. According to Islamic law, people should be careful about content and news regarding Covid-19 because it may not be accurate. Therefore, the government needs to provide solutions in various ways. First, the government oversees all social media in conveying information so that all news related to the COVID-19 vaccine needs to be more careful and wisely not to worry the public. Second, the government needs to re-strengthen media regulations or news coverage that doesn’t seem to work optimally. Moreover, the government's vaccine policy aims to prevent the danger of the virus, which guarantees the safety of people's lives, and it is part of maqâshid al-syarī'ah. Likewise, the government has involved the MUI, which has authority in the field of religious fatwas, so that the certainty that the vaccine is halal can be accounted for in Islamic law.