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All Journal Al-Qalam Ekspose: Jurnal Penelitian Hukum dan Pendidikan Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Al-Bayyinah

Asni Zubair

Institut Agama Islam Negeri Bone

Author-ID : 3648730

Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Articles

TINJAUAN HUKUM ISLAM TERHADAP PENGGUNAAN HARTA PRA PEMBAGIAN WARISAN Mihfa Wahyuni; Asni Zubair
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 2, No 1 (2020): Hukum Keluarga Islam Dalam Konteks Ke-Indonesiaan
Publisher : IAIN BONE

AbstractThis research discussed about the heir that used the inheritance before it was distributed. The thing achieved in this research is to find out the cause and impact of the heirs in the Walenreng Village used the inheritance before it was distributed. It also to know the view of Islamic law toward using inheritance before it was distributed. The usefulness of this research expected to give participations and contributions to the development of science in general and Islamic sciencein particular. This research was a qualitative research that used the method sociological approach, theologically normative and normative juridical.The result of this research indicated that some of the heirs in Walenreng Village used the inheritance before it was distributed and the cause was that there was no distribution after the deceased passed away, there was the heir who expected each other to do inheritance distribution, there was the heir who prior pawned the inheritance, and therewas the heir who did not have property. The impact of using inheritance before distribution were that there was no harmonization in the heirs, there was conflict between the heirs, there was the feeling that not considered as family. The view of Islamic law of using inheritance before it was distributed was no allowed because it could make conflict and contrary with hereditary rulesof Islamic law.Keywords: Inheritance; Islamic law; Use Of Inheritance.

WASIAT WAJIBAH TERHADAP ANAK ANGKAT (TINJAUAN FILSAFAT HUKUM ISLAM PASAL 209 KOMPILASI HUKUM ISLAM) Nadya Faizal; Asni Zubair
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe legal status of the adopted child in The Compilation of Islamic Law are the status of marriage, the adopted child does not belong to the group who are forbidden to get marriage with adoptive parents, they are not in relationship with their adoptive parents, and they are not mahram from them. Furtheremore, inheritance status of the adopted child is that it does not fall within the category of a person entitled to inheritance. This means that between adopted child and his adoptive parents there is no relationship of inheriting with their adoptive parents, but in The Compilation of Islamic Law in article 209 opens the opportunity for him to receive a will or grant from his adoptive parents. The legal status of the provision of wills to the adopted child in article 209 of The Compilation of Islamic Law, the recipient of the wills is the child who should be raptured from among the close relatives, if no one then turns to the children of the poor, orphans, and children who are in weak economy class, or the child‟s findings (al-laqith).The holder of a will is a person who has a lot of property so as to allow not to reduce the acquisition of heritage treasures for the division of inheritance.

REKONSTRUKSI HUKUM WARIS ISLAM (Telaah Atas Pemikiran Muḥammad Syaḥrūr Terhadap QS al-Nisā’/4:11 Tentang Pembagian warisan Anak Laki-laki dan Perempuan) Firdaus Firdaus; Asni Zubair; A. Sultan Sulfian
AL-KHARAJ Vol 2, No 1 (2022)
Publisher : IAIN BONE

AbstractThis study aims to examine Muḥammad Syaḥrūr's thoughts on QS al-Nisā/4:11 about the division of inheritance for boys and girls. This research is a qualitative research using a multidisciplinary approach or a comprehensive approach, but because the study leads to Muḥammad Syaḥrūr's legal thinking regarding inheritance, the emphasis is specifically on the Islamic Law approach which is then supported by several other disciplines, including the interpretive, historical, sociological approaches. , juridical, and hermeneutics. Syaḥrūr's thoughts on inheritance, show several important findings: First, there are three principles of inheritance law limitations which are explained as limits that have been set by Allah and also do not go outside the limits in the inheritance verses; Second, the theory of udūd Syaḥrūr has implications for the collapse of the old view that parts of inheritance cannot be changed at all. However, Muḥammad Syaḥrūr's findings are just the opposite, that these parts can change and are dynamic; Third, another uniqueness of Syaḥrūr's thinking is when he reconstructs Islamic inheritance law which is carried out by getting out of the entanglement of literal texts of Islamic teachings to find contextual inheritance law. AbstrakPenelitian ini bertujuan untuk menelaah pemikiran Muḥammad Syaḥrūr terhadap QS al-Nisā/4:11 tentang pembagian waris anak laki-laki dan perempuan. Penelitian ini merupakan penelitian kualitatif dengan menggunakan pendekatan multidispliner atau pendekatan komprehensif, tetapi karena kajiannya mengarah kepada pemikiran hukum Muḥammad Syaḥrūr mengenai kewarisan, maka penekanannya terkhusus kepada pendekatan Islamic Law yang kemudian ditunjang dengan beberapa disiplin ilmu lainnya, di antaranya yaitu pendekatan tafsir, historis, sosiologis, yuridis, dan hermeneutika. Pemikiran Syaḥrūr mengenai kewarisan, menunjukkan beberapa temuan penting: Pertama, ada tiga prinsip batasan hukum waris yang dijelaskan merupakan batasan yang telah di tetapkan oleh Allah dan juga tidak keluar dari batasan dalam ayat-ayat waris; Kedua, teori ḥudūd Syaḥrūr berimplikasi pada runtuhnya pandangan lama bahwa bagian-bagian waris sama sekali tidak bisa diubah. Namun, temuan Muḥammad Syaḥrūr justru sebaliknya, bahwa bagian-bagian itu bisa saja berubah dan bersifat dinamis; Ketiga, keunikan lain dari pemikiran Syaḥrūr yaitu ketika ia merekontruksi hukum waris Islam yang dilakukan dengan keluar dari jeratan teks-teks literal ajaran Islam untuk menemukan hukum waris yang kontekstual.

Status of inheritance for heirs who take their own share: A case study in Mattoanging village Tarmizi Tarmizi; Asni Zubair
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v21i1.2623

This study aims to determine the cause of the heirs in Mattoanging Village to take their own share and to find out the law of taking their own share of the inheritance and their ownership status according to Islamic law. This research is qualitative research through a normative sociological and theological approach. The data were obtained through observation and interviews with the community in Mattoanging Village, community leaders and religious leaders with broad understanding of Islamic law determined through purposive sampling. The results showed that several heirs in Mattoanging Village took their own share because the inheritance was not distributed after the heir died, no one regulates the distribution of inheritance, there are heirs who use a lot of the heir's property during his life, the person who divides the inheritance is the eldest child and there are heirs who are greedy in taking part. The law takes its own share of the inheritance according to the agreement of each heir. If the other heirs agree, then it is permissible. However, if the other heirs do not agree, then it is prohibited. Likewise with the ownership status which adjusts to the law of taking it, namely if the law is allowed, then the ownership status is not in doubt so that the assets taken may be used and if the law of taking it is unlawful, then the ownership status is also unlawful.

THE RELEVANCE OF THE BUGINESE LOCAL WISDOM VALUES TO RELIGIOUS MODERATION Hamzah Hamzah; Asni Zubair; Satriadi Satriadi
Al-Qalam Vol 29, No 1 (2023)
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v29i1.1173

This study aims to explore the local wisdom values of the Buginese community regarding Sipakatau, Sipakainge, and Sipakalebbi, manifestations of local wisdom values, and their relevance to religious moderation in Indonesia. This research is classified as qualitative descriptive research with exploratory methods and anthropological approaches. This research was conducted in Mallari Village, Bone Regency, which still has a strong practice of local wisdom and historical values. Data collection was carried out through in-depth interviews, observation, and documentation. The collected data was analyzed, and then the qualitative data were coded for the credibility of the results using the Nvivo-12 software. The results of the study show that (1) the local wisdom values of the Buginese, Sipakatau, Sipakainge, and Sipakalebbi are understood as traditional teachings/noble values, life guidelines, identity and customs that are in line with the Shari'a. (2) The manifestation of Buginese local wisdom values is reflected in people's behaviour by humanizing each other, having good etiquette towards the government, and mutual respect. (3) The relevance of Buginese local values to religious moderation programs lies in the human values of humanizing one another (sipakatau), respecting each other (sipakalebbi), and reminding each other (sipakainge’). The principle of Buginese local wisdom values that as long as they are human beings, it is appropriate to humanize, respect, and remind each other regardless of ethnicity, religion, and race; this is in line with national commitment and tolerance in religious moderation in Indonesia.

PERPANJANGAN WAKTU DAN TAMBAHAN BIAYA GADAI EMAS PERSPEKTIF HUKUM ISLAM: (Studi Kasus di Peagadaian Syariah Unit Bone) Nuraini Firsan; Asni Zubair; Firdaus Firdaus; Muammar Hasri; A. Sultan Sulfian
Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Vol. 6 No. 1 (2026): Januari-Juni 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/alkharaj.v6i1.10464

Abstract This study discusses the mechanism of extension of time and additional fees of pawning gold form an Islamic law perspective (case study at the bone unit of the Islamic pawnshop). The main focus is how the process is implemented and its compliance with sharia principles. The research method used is empirical juridical to analyse field practices and normative theological to assess sharia compliance. The results of the study indicate a lack of transparency and detailed information regarding the time extension mechanism and cost details for customers, even though the costs are claimed as mu'nah (maintenance/administrative) costs. This lack of detail and transparency creates gharar (uncertainty), which is prohibited under Islamic law due to its potential for harm and triggering disputes. This study recommends that Islamic pawnshop evaluate and revise their operational procedures, increasing transparency and clarity of information, to ensure full alignment with sharia principles that uphold fairness, openness, and the avoidance of gharar. Keywords: Gold pawn, time extension, Islamic law

The Position of Ampi Kale' Grants in The Community of Sibulue District, Bone Regency: A Review of Islamic Inheritance Law A. Very Febriany; Asni Zubair; Hamzah; Nur Afifah HS
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.10484

This study examines the practice of Ampi Kale' grants in Sibulue District by highlighting three main aspects, namely the practice of implementation, community views, and analysis of the perspective of Islamic inheritance law. The method used is empirical law with a qualitative approach, through in-depth interviews with traditional leaders, religious leaders, and the community involved in the grant, as well as a literature review of inheritance fiqh, customary law, and maqāṣid al-syarī‘ah theory. Data analysis was conducted using descriptive qualitative methods to identify patterns, meanings, and socio-religious implications of the practice. The results of the study show an empirical analysis of the Ampi Kale' practice as a customary gift phenomenon that lies at the intersection between gifts and wills in Islamic inheritance law. Thus, the meaning of Ampi Kale' has transformed from a mere moral reward to an instrument of wealth distribution that directly impacts inheritance rights. This study offers a model for harmonizing custom and Sharia by positioning Ampi Kale' as a conditional gift that must fulfill the principles of justice, willingness, and legal certainty. This study enriches the body of Islamic family law with relevant, current, and contextual local case studies, particularly regarding the integration of customary law and Islamic law in inheritance practices.

Co-Authors A. Sultan Sulfian A. Very Febriany Firdaus Firdaus Hamzah Hamzah Hamzah Mihfa Wahyuni Muammar Hasri Nadya Faizal Nur Afifah HS Nuraini Firsan Satriadi Satriadi Tarmizi

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