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URGENSI PENCATATAN NIKAH DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus Terhadap Pemahaman Masyarakat Desa Tellangkere Kecamatan Tellu Limpoe) Darmi; Lomba Sultan; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i1.30880

This study discusses the urgency of marriage registration in the perspective of Islamic law and positive law (a case study on the understanding of the people of Tellangkere Village, Tellu Limpoe District). This study discusses the Process of Marriage Registration in Normative Studies (Islamic Law and Positive Law) and the factors that influence people's understanding of marriage registration. The type of research used in this thesis is a qualitative research type. The approach used is a normative juridical approach. The results of the study have shown that the process of registering marriages in the perspective of Islamic law and positive law is not in line with existing regulations. Where people think that the marriage book or marriage certificate itself is not important. Marriage registration employees or the KUA office have made it easier to manage marriage certificates. Many people view that a legal marriage is a marriage carried out only religiously, so that it becomes an obstacle in determining marriage registration. However, if it is not registered with the KUA, then the marriage is not legally valid, so that many people feel a bad impact on the continuity of the household they live. Like the child does not have a birth certificate, when a divorce occurs, the wife cannot sue her husband for the property and does not have legal force. Factors that influence the understanding of the people of Tellangkere Village about marriage registration are economic factors and social factors. Keywords: Marriage Registration, Islamic Law, Positive Law.

ANALISIS NORMATIF TERHADAP PERCERAIAN KARENA PENGUNAAN MEDIA SOSIAL Siti Anisa; Musyfikah Ilyas; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i1.30903

Building a happy and harmonious household is everyone's dream. However, in the course of domestic life, it does not always run smoothly, there are problems that adorn every journey, even to the decision to divorce. The problem studied in this study is to analyze divorce due to the normative use of social media and how judges consider in deciding divorce cases due to social media in the decision of the Sidenreng Rappang Religious Court. This research is a type of normative-empirical legal research with qualitative research methods. The results of this study explain that there are several divorce decisions that were triggered by the use of social media at the Sidenreng Rappang Religious Court. Social media here is not the main factor of a divorce but as a factor causing the divorce. The panel of judges in resolving divorce cases triggered by the use of social media is based on the facts in the trial that became the reason for the divorce. In divorce cases due to domestic disputes, the judge will refer to Article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1991 concerning the Compilation of Islamic Law. In Islamic law, the use of social media depends on the user's intentions. There needs to be awareness in the community in using social media, especially for married couples. Sometimes using social media is out of bounds and the obligations of husband and wife are neglected.

PERTIMBANGAN HAKIM DALAM MENENTUKAN KADAR NAFKAH MADHIYAH, NAFKAH IDDAH DAN MUT’AH TERHADAP PERKARA CERAI TALAK Nurul Rifdah Herman; Musyfikah Ilyas; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.36874

This study discusses the considerations of judges in determining the leves of madhiyahinco, Iddah dan mut’ahmaintenance of divorce cases (a case study at the Sungguminasa religions court class 1B). Household disharmony resulting from the neglect of rights and obligations which causes the breakup of the marriage. One of the consequences in the from of burdening the husband to pay for madhiyah maintenance, iddah dan mut’ah living. This research aims to find out what is the legal basic for providing maintenance and what are the inhibiting factors in providing levels of madhiyah maintenance, iddah income and mut’ah against disvorce. As for the result of this study, in giving consideration to determining the level of living, the panel of judges is based on the first two things based on the husband’s income (economic factors) and the wife basic needs. Another consideration is that there are no factors that become ostacles in providing madhiyah maintenance, iddah and mut’ah maintenance specifically at the Sungguminasa religious court. However, in general, the compilation of Islamic law, article 80, paragraph 7, has been absorbed as an obstacle to earning a living, namely nusyuz. The implication is tp provide advice to layers of society related to the protection of women’s rifht after good, if and a husband is required to provide maintenance for his wife in a godd way, if it is not implemented the it is considered debt. Keyword: Judge’s consderation, Madhiyah income, Iddah Income, Mut’ah and divorce.

PERAN LEMBAGA BANTUAN HUKUM DALAM PENDAMPINGAN HUKUM MASYARAKAT MISKIN PERSPEKTIF HUKUM ISLAM Muhammad, Fadhel; A. Qadir Gassing; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.30891

Main research problem how the role of LBH Advocacy Cares for Nation legal assistance to poor from perspective of Islamic law. This research is classified as qualitative with the research approach used is the syar'i approach and legislation. Sources of data this study became informants were Achyar and Najir. Data collection method used observation. Research instruments used obtain the data are laptops, cellphones, interview. Data processing technique is inductive, Analysis based on specific data. Results of research on legal status accordance with Law No. 16 of 2011 are improvements to previous regulations regarding Legal Aid. If they dont carry out their obligations, there subject to sanctions in Article 7 of Law No. 18 of 2003. As well providing legal assistance according the view Islamic law, Islam is religion that upholds justice. Implication this research is that government, society must pay attention to and support LBH its role in providing legal guidance to community that brings good things wider community.

TOXIC PARENTS DALAM TINJAUAN HUKUM KELUARGA ISLAM Nurfadhila Yunus; Supardin; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i3.30911

This article attempts to examine toxic parents from the perspective of Islamic family law, covering several aspects, including the impact of toxic parents on children, the existence and implementation of Islamic family law regarding toxic parents. This research is a type of library research with a normative juridical and sharia approach. The findings indicate that the parenting applied by parents who practice incorrect parenting patterns clearly contradicts what is regulated in Islamic family law and/or marriage law, as well as what has been commanded by the Prophet Muhammad (PBUH) in raising and caring for children. Incorrect parenting can have negative impacts on a child's development, as regulated in Law No. 1 of 1974 concerning Marriage, Article 45, paragraph 1, which states that both parents are obliged to care for and educate their children to the best of their ability. The Prophet Muhammad (PBUH) recommended caring for children with love and fulfilling all rights and duties as parents. In this context, the government needs to take firm action in imposing sanctions on parents who engage in physical or verbal abuse in raising children. Additionally, parents should prioritize their obligations and duties in nurturing and educating their children to ensure that all of the children's rights are fulfilled.

TRADISI MAPPENRE DUI’ DALAM PERNIKAHAN SUKU BUGIS PERSPEKTIF 'URF DI DESA MANURUNG KECAMATAN BOLA KABUPATEN WAJO Asma Yunitah Alwi; Musyfikah Ilyas; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.36737

This study explores the mappenre dui’ tradition in Bugis weddings from the perspective of ‘urf in Manurung Village, Bola Subdistrict, Wajo Regency. It focuses on the process and significance of this tradition in Bugis marriage customs based on the concept of ‘urf. This field research employs a qualitative approach, utilizing documentation and interviews as data collection methods. The findings indicate that the people of Manurung Village practice the mappenre dui’ tradition as part of their cultural heritage, passed down through generations. It is an essential tradition, not only as a form of respect for women but also because it is primarily used to fund the entire wedding process. The mappenre dui’ ceremony includes several stages: mammanu’-manu’, followed by madduta (discussing the acceptance of the proposal, determining the dowry, wedding day, and the date for mappenre dui’), mappettuada (agreement), mappasiarekeng, and finally, the mappenre dui’ procession. From the perspective of ‘urf, each stage of the mappenre dui’ tradition aligns with Islamic law, categorizing it as ‘urf shahih.

IMPLEMENTASI HUKUM ISLAM DALAM PENETAPAN HAK ASUH ANAK PASCA PERCERAIAN DI INDONESIA Nurfaika Ishak; Kurniati; Misbahuddin; Muammar M. Bakry; Abd. Rauf M. Amin
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.54941

Child custody is one of the crucial aspects in divorce cases, often becoming a dispute between separating spouses. This study aims to analyze how Islamic law regulates child custody and how it is implemented in decisions of the Religious Court in Indonesia through a sociological approach. The research method used is library research, drawing from primary sources such as the Qur’an and Hadith, as well as various relevant scholarly works on child custody determination after divorce based on the enforcement and practice of Islamic law in Indonesia. The findings indicate that, in Islam, child custody is generally granted to the mother. However, its implementation in the Religious Court does not always follow this principle, as custody may also be awarded to the father based on specific considerations. Judges’ decisions regarding child custody take multiple factors into account, with the primary objective of safeguarding the child's best interests and well-being. As victims of divorce, children require protection, care, and affection from both parents to ensure proper growth and development while avoiding harmful psychological effects. Therefore, child custody determination is not solely based on normative texts but also considers the principle of child welfare (mashlahah al-thifl) as a fundamental guideline.

Analisis Putusan Pengadilan Agama Watampone Terhadap Pengembalian Uang Belanja Dan Mahar Ditinjau Dari Hukum Islam (Studi Putusan Nomor 680/Pdt.G/2021/PA.Wtp) Reza Mahbub Fathoni; Muh. Saleh Ridwan; Nurfaika Ishak
Iqtishaduna: Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah Vol 6 No 4 (2025): Juli
Publisher : Jurusan Hukum Ekonomi Syariah Fakultas Syariah dan Hukum Uin Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/iqtishaduna.v6i4.56773

AbstrakPembahasan dalam penelitian ini adalah “Analisis Putusan Pengadilan Agama Watampone Terhadap Pengembalian Uang Belanja Dan Mahar Ditinjau Dari Hukum Islam (Studi Putusan Nomor 680/Pdt.G/2021/PA.Wtp)”. Uang belanja dikenal sebagai salah satu syarat pernikahan dalam tradisi Bugis Makassar dimana uang belanja merupakan pemberian pihak laki-laki kepada pihak perempuan untuk digunakan membiayai pesta pernikahn, sedang mahar adalah pemberian wajib calon mempelai pria kepada calon mempelai wanita. Dalam hukum Islam hanya diatur mengenai pengembalian mahar dalam pernikahan tetapi tidak diatur mengenai pengembalian uang belanja, hal tersebut dikarenakan uang belanja merupakan adat pernikahan di Suku Bugis Makassar. Oleh karena itu, penulis ingin mengkaji terkait dasar dan pertimbangan hakim dalam putusan pengembalian uang belanja dan mahar, juga tinjauan hukum Islam mengenai pengembalian uang belanja dan mahar. Kata Kunci: Hukum Islam, Putusan Pengadilan, Uang Belanja, Mahar AbstractThe discussion in this research is "Analysis of the Watampone Religious Court's Decision Regarding Refunds of Shopping Money and Dowry in View of Islamic Law (Study of Decision Number 680/Pdt.G/2021/PA.Wtp)". Shopping money is known as one of the marriage requirements in the Makassar Bugis tradition where shopping money is a gift from the man to the woman to be used to finance the wedding party, while the dowry is a mandatory gift from the groom to the bride. In Islamic law, it only regulates the return of dowry in marriage but does not regulate the return of shopping money, this is because shopping money is a wedding custom in the Makassar Bugis tribe. Therefore, the author wants to examine the basis and considerations of judges in decisions on returning shopping money and dowry, as well as reviewing Islamic law regarding returning shopping money and dowry. Keywords: Islamic Law, Court Decision, Shpping Money, Dowry

ANALISIS KEWENANGAN DAN TANTANGAN KOMISI YUDISIAL DALAM PENGAWASAN KODE ETIK HAKIM PENGADILAN AGAMA DI SULAWESI SELATAN Khalil Mushaddiq; Nurfaika Ishak; Muhammad Yaasiin Raya
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i3.56813

This study aims to analyze the authority of the Judicial Commission in supervising the code of ethics of judges in Religious Courts, as well as the challenges faced in its implementation. The research employs a qualitative approach with field research methods, utilizing primary data from interviews with Judicial Commission officials and secondary data from relevant legislation and official documents, which were analyzed descriptively. The findings reveal that the South Sulawesi Judicial Commission Liaison serves as an extension of the central Judicial Commission, with authority limited to monitoring judicial behavior, the application of the Code of Ethics and Guidelines for Judicial Conduct (KEPPH), and courtroom proceedings. The main obstacle lies in the broad scope of supervision compared to the limited number of personnel, only four members, necessitating a strategy of building community networks to obtain information on suspected ethical violations. The study recommends two measures: first, increasing the number of liaison members in each region; and second, strengthening the authority of the Judicial Commission so that it not only provides recommendations but also possesses executorial power in enforcing judicial ethics.

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