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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Al-Risalah : Jurnal Imu Syariah dan Hukum El-Mashlahah Kuriositas: Media Komunikasi Sosial dan Keagamaan Iqra: Jurnal Ilmu Kependidikan dan Keislaman DIKTUM: Jurnal Syariah dan Hukum AL-MAIYYAH Langkawi: Journal of The Association for Arabic and English SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Izzah: Jurnal Hasil-Hasil Penelitian Al-'Adl Al-Qalam Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Kuriositas: Media Komunikasi Sosial dan Keagamaan Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Syaksia : Jurnal Hukum Perdata Islam Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam RIO LAW JURNAL International Journal of Health, Economics, and Social Sciences (IJHESS) Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Banco: Jurnal Manajemen dan Perbankan Syariah Balanca : Jurnal Ekonomi dan Bisnis Islam Al-Manahij : Jurnal Kajian Hukum Islam Milkiyah: Jurnal Hukum Ekonomi Syariah Al-Istinbath: Jurnal Hukum Islam Jurnal Tafsere DIKTUM: JURNAL SYARIAH DAN HUKUM DELICTUM : Jurnal Hukum Pidana Islam Sighat : Jurnal Hukum Ekonomi Syariah Innovative: Journal Of Social Science Research Al-Zayn: Jurnal Ilmu Sosial & Hukum Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Muhammad Ali Rusdi Bedong
IAIN Parepare
Religion Arts Humanities Chemistry Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Nasikh Mansukh's Implications for the Implementation of the Director General of Islamic Community Guidance Decree No. 379 of 2018 concerning Marriage Guidance to Prevent Divorce (Study at KUA Panca Rijang District, Sidrap Regency) Akram Akkas; Hannani; Zainal Said; Agus Muchsin; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4641

Abstract

Regulation of the Director General of Islamic Community Guidance at the Ministry of Religion Number 379 of 2018 instructs that every man and woman who wishes to get married must follow marriage guidance organized by the Ministry of Religion and accredited Islamic religious organizations. Certain laws will be replaced by new laws in the future, which will then be known as Nasakh Mansukh. This thesis discusses the implications of Nasikh Mansukh for the implementation of the Decree of the Director General of Islamic Community Guidance Number 379 of 2018 concerning Marriage Guidance to Prevent Divorce. The results of this research show that the implementation of marriage guidance (Bimwin) in Panca Rijang District, Sidrap Regency for prospective brides and grooms in creating a sakinah family. Nasikh Mansukh's implications for the implementation of Islamic Guidance Regulation No. 379/2018 regarding marriage guidance does not have Nasikh Mansukh, but rather complements and strengthens the previous regulations and can be said to be bayan taqrir.
Effectiveness of Legal AID Services on Community Property Cases in Marriage at Partner Legal AID Institutions Madani West Sulawesi Wawan; Zainal Said; Fikri; Sudirman L; Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i1.4754

Abstract

This research aims to analyze the problem of free legal assistance for weak and poor communities. These provisions are regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and Article 28D paragraph (1) which shows that everyone has the same position before the law and is entitled to legal protection. The state has legally regulated it in such a way that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically. The research results show that LBH Mitra Madani, as a structural institution, has provided legal assistance in litigation and non-litigation. Apart from that, LBH Mitra Madani also provides legal counseling, community organizing and training in the legal field. However, the obstacle is the lack of financial support from the government, because LBH Mitra Madani has not yet been accredited. There are 37 cases that have been assisted from 2019 to 2022, of which the cases handled by LBH Mitra Madani are predominantly civil cases. LBH Mitra Madani's obstacles in providing legal assistance include legal substance and legal structure factors. According to regulations, the legal assistance provided by LBH Mitra Madani to poor people should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. Apart from the substantial factors that constrain the effectiveness of LBH Mitra Madani in providing legal assistance, there are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).
Hukum Pernikahan Tanpa Wali Perbandingan Pemikiran Hukum Fiqhi Imam Abu Hanifah dan Kompilasi Hukum Islam: The Law of Marriage Without a Guardian is a Comparison of the Legal Thinking of Fiqhi Imam Abu Hanifah and the Compilation of Islamic Law Rasyidah; Hannani; M. Ali Rusdi; Rahmawati; Aris
IQRA JURNAL ILMU KEPENDIDIKAN & KEISLAMAN Vol 19 No 2: Juli 2024
Publisher : Fakultas Agama Islam, Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/iqra.v19i2.4632

Abstract

Salah satu aspek penting dalam pernikahan adalah persyaratan kehadiran seorang wali. Mengenai kedudukan wali dalam pernikahan, ulama berbeda pendapat apakah wali termasuk rukun pernikahan atau tidak karena memang berbeda pendapat dalam menentukan jumlah rukun pernikahan. Namum perbedaan tersebut bukanlah dalam hal yang substansial, hanya disebabkan karena perbedaan dalam memaknai ayat-ayat al-Qur’an dan hadis yang berkaitan dengan permasalahan wali dalam pernikahan. 1) Bagaimana Status Wali dalam Pernikahan Pendapat Imam Abu Hanifah dan Kompilasi Hukum Islam (HKI). 2) Dasar Hukum Yang dipakai Imam Abu Hanifah dan Kompilasi Hukum Islam (HKI) tentang Pernikahan tanpa Wali. 3) Analisa Maqashid Al Syari’ah terhadap Pendapat Imam Abu Hanifah dan Kompilasi Hukum Islam (HKI) tentang kedudukan pernikahan tanpa wali. Jenis penelitian ini merupakan penelitian pustaka (Library Research) Pendekatan dalam penelitian ini adalah menggunakan pendekatan kualitatif. Pendekatan kualitatif dimaksudkan untuk mengungkapkan gejala secara holistik-kontekstual melalui pengumpulan data dari latar alami. Adapun pengumpulan datanya menggunakan Metode dokumentasi adalah mencari data mengenai hal-hal atau variabel yang berupa catatan, transkrip, buku, surat kabar, majalah, dengan menganalisis data menggunakan cara reduksi data, penyajian data, dan penarikan kesimpulan. Konstruksi penelitian dalam menjawab persoalan yang muncul dengan menggunakan teori maqashid al syari’ah. Berdasarkan hasil penelitian maka dapat disimpulkan Dalam konteks keindonesiaan melihat pendapat Imam Abu Hanifah yang membolehkan pernikahan tanpa wali maka tujuan syariah terutama dalam hal tercapainya penjagaan terhadap keturunan, penjagaan terhadap akal dan harta ini kelihatannya kecil kemungkinan bisa tercapai dimana di indonesia pernikahan tanpa wali itu dianggap tidak sah. Kecuali Kompilasi Hukum Islam yang mengatur tentang pernikahan tersebut direvisi kembali sehingga terdapat pengecualian terhadap wanita yang menikahkan dirinya sendiri dikarenakan kondisi dan situasi tertentu yang mendesak seseorang itu harus melakukannya.
Effect Of Young Age in Murder Felony (Comparative Study Between Islamic Jurisprudence and Indonesian Law) Islamul Haq; M. Ali Rusdi Bedong; Abdul Syatar
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 3 No. 2 (2018): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v3i2.1343

Abstract

This research was a comparative study on the effect of young age in the crime of murder between Islamic jurisprudence and Indonesian law. The presence of children around us needs attention, especially with regard to their behavior, which is out of control. the phenomenon of their deviation is one of the negative social phenomenon which required protection, guidance and education. According to previous studies, children who deviated and were not controlled would become a criminal when he reaches adulthood. Nowadays, the children's delinquency is widely spread, they are involved in committing crimes such as drugs, theft, fighting, and increased to murder. This research will focus on the murder committed by under age children, because murder is a very dangerous crime to the indivdual life and is one of the law violation againts the five  principles of shariah (daruriyat al khamsah).
Fulfillment of Children's Post-Divorce Supporting Obligations from an Islamic Law Perspective in Polewali Mandar Regency Sumiati; Agus Muchsin; Zainal Said; Sudirman L; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.4756

Abstract

The rights of children after divorce, both in the Marriage Law and the Compilation of Islamic Law, are that children have the right to continue to receive maintenance, care and education from their parents. In terms of financing the maintenance and education of children after divorce, it is the responsibility of the father, which in the Compilation of Islamic Law is known as hadhanah living. This is a form of parental responsibility in carrying out their obligations for the realization of children's rights as regulated in Law Number 23 of 2002 concerning Child Protection. However, mothers also help in managing the household and maintaining the welfare and happiness of the family. Therefore, father and mother both have an important role in the family, and the integrity of both is highly expected in a family in order to achieve a happy family. This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location. Based on the results of the interview with Mr Syamsul, he explained that he was still able to work but did not carry out his responsibilities regarding child support rights after divorce based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl which sentenced the applicant to provide child support for 3 (three) children in the amount of Rp. 2,000,000 (two million rupiah) per month until the child is an adult or 21 years old with an additional 10% each year excluding education and health costs. Based on the results that the researcher has obtained, it can be concluded that the father's fulfillment of child support rights post-divorce in Polewali Mandar Regency based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl has not been fully carried out by the father. This is caused by various factors, ranging from economic incompetence, indifference, to a lack of effective law enforcement mechanisms
Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang H. Mahmuddin; Sudirman; M. Ali Rusdi; Agus Muchsin; Suarning
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5786

Abstract

A The general aim of this research is to find out the culture and traditions in families in the district. Alla Kab. Enrekang, To find out the strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, and to find out the implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang. This type of research is qualitative research carried out at the Religious Affairs Office (KUA) Kec. Alla Kab. Enrekang. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; Culture and traditions in families in Kec. Alla Kab. Enrekang is a wedding tradition in Alla District, Enrekang Regency as a result of the integration of Islamic culture and local culture, producing local wisdom which contains Islamic values ??as the basis of life for the local community. The main values ??contained in it are the value of kamassangsuranan (brotherhood), the value of taratte' (manners), and the value of majiongan penawa (humbleness). Secondly; Strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, namely a) Pre-marital guidance through marriage age and suscatin programs, b) Routine counseling to the community, c) Guidance on religious aspects through taklim assemblies and Friday worship, and third; Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang shows positive results by improving the quality of family life through programs that focus on education, welfare and strengthening family values. This policy has succeeded in fostering harmonious relationships within families and strengthening community participation in social and economic activities, although there are still challenges in terms of adapting programs to specific local needs. Overall, PMA No. 3 of 1999 plays an important role in improving the social structure of families and encouraging the creation of a more stable and prosperous society in the district. Alla Kab. Enrekang.
The Position of Siri's Husband Regarding the Distribution of Inheritance Assets in the Case at the Enrekang Religious Court from an Islamic Legal Perspective (Determination Study Number 161/PDT.P/2022/PA EK) Abd Jamil Salam; Rusdaya Basri; M. Ali Rusdi; Aris; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5792

Abstract

The main problems in this research are 1) What are the Judge's Legal Considerations in Decision Number 161/Pdt.P/2022/Pa Ek?. 2) What is the Position of Siri's Husband as the Heir of Siri's Wife from a National Law Perspective? 3) What is the Position of Siri's Husband? As the Heir of Siri's Wife Seen from the Perspective of Islamic Law? This research uses a type of library research with a normative juridical approach. Data collection techniques using document studies (library materials). The theories used are utility theory and legal certainty theory. The results of the research concluded that 1) The judge's legal considerations in Judge Determination Number 161/Pdt.P/2022/Pa Ek were that the panel of judges did not include the husband of the deceased as an heir because there was no clarity regarding the condition of the deceased's husband. And there is no legally registered marriage registration. Therefore, the heirs from the unregistered marriage only fell to the deceased's biological mother and her 2 children. 2) The position of the unregistered husband as the legal representative of the unregistered wife, viewed from the perspective of national law, is that in an unregistered marriage there is no distribution of assets to the wife or children resulting from an unregistered marriage, unless there is an agreement or civil agreement between the husband and wife only. The existence of an agreement in a deed made before a Notary opens up opportunities for wives and children resulting from unregistered marriages to receive a share of the mutually beneficial assets. An unmarried wife/husband can obtain mutually beneficial assets through a mediation or negotiation process between husband and wife, with the help of a legal consultant or the family. 3) The position of the unregistered husband as the wawris expert of the unregistered wife is viewed from the perspective of Islamic law. In this case it can be said that a marriage that does not meet the provisions of maqashid sharia is considered not in accordance with the purpose of the marriage itself so that the marriage is not fulfilled.
Pengelolaan Usaha Tambak Ikan dan Kesesuaiannya terhadap Hukum Islam: Meninjau Pelaksanaan Akad Mudarabah Husni, Hasmiah; Rusdi, M. Ali; Mutmainnah, Iin
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i2.1379

Abstract

The sense of help and trust between each other is very high because of the practice of cooperation agreement of fishponds in Ading Village and this practice has long been done. The purpose of the research is to analyse the implementation of fish pond business cooperation and its review according to Islamic law. The object of this research is Ading Village, Wajo Regency. This research is qualitative with an empirical normative approach to solve the problems raised and reviewed with data collection techniques namely observation, interviews, and documentation. The results of this study show that the implementation of cooperation is carried out using a muḍārabah contract where the capital comes from the landowner. However, the implementation is in the form of oral statements without witnesses and the profit-sharing system depends on the initial agreement. This is potentially an element of fraud committed by the investor by taking large quantities of fish and even selling them himself. As for the coverage of losses, it is contrary to Islamic law, because all forms of events in the concept of muḍārabah must be borne by one party, namely the investor, while the manager does not bear losses except for his efforts and work.
Transformation of Maqāṣid Shari‘āh in Divorce Mediation in Religious Courts: Revitalization of the Bugis-Mandar Customs, Indonesia Fikri, Fikri; Bedong, Muhammad Ali Rusdi; Salim, Muhyiddin; Muthalib, Salman Abdul; Abubakar, Ali
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (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.v7i1.9141

Abstract

The focus of this research discusses the transformation of maqāṣid shari'āh in mediation practices in divorce cases, and the revitalization of adat in mediation practices in Bugis and Mandar communities. This study is a field legal research using historical and socio-anthropological approaches, while the data is analyzed using maqāṣid shari'ah theory and social change theory. Data collection techniques are based on literature studies on legal sources related to the discussion.This study concludes that divorce is an extraordinary case in the religious courts, dynamics of mediation practice in Religious Courts have successful mediation for a written peace agreement in peace deed, other mediation products are partially successful mediation and partially unsuccessful mediation, mediation products are not successful is that husband and wife are committed to divorce; maqāṣid shari‘āh transformation can be a major consideration by judges in mediation practice to save households on the verge of collapse, so that maqāṣid shari‘āh is very urgent to place in Perma No.1 of 2016, and revitalization of Bugis-Mandar customary is an effort to revive the value of life sirondo-rondoi, siamasei, sianuang pa'mai, and sibaliparri, also animate shara’ which is performed petta kalie (Bugis) or puang kali’ (Mandar).
Parental Responsibility for Children's Psychological and Social Development After Divorce in Tondong Tallasa District, Pangkep Regency Sikra; Agus Muchsin; Ali Rusdi; Hannani; Rahmawati
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 2: April 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.6852

Abstract

This study analyzes "Parents' Responsibility for the Psychological and Social Development of Children After Divorce in Tondong Tallasa District, Pangkep Regency", with the aim of finding outHow is the responsibility of parents towards the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency, What is the impact of psychological and social law on children after divorce in Tondong Tallasa District, Pangkep Regency, and also How is the resolution of parental responsibility towards the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency. The method used in this study is a qualitative method with data collection used, namely data by collecting from the results of observation, documentation, and interviews. The data source is from the Pangkajene Religious Court and documentation from the KUA Tondong Tallasa District, and the research instrument is the researcher himself and assisted by data collection tools, namely observation guide sheets, interview guidelines, data collection techniques are observation, interviews, and documentation; and testing the validity of the research results is the extension of participation, researcher persistence, and triangulation. The results of this study on parental responsibility for the psychological and social development of children after divorce in Tondong Tallasa District, Pangkep Regency explore how parents manage their roles in supporting children who experience major changes in their lives due to divorce. In addition, this study examines the legal impacts that can affect children's psychology and social, including possible shifts in social relationships and the emotional adaptation process faced by children after divorce. Finally, this study offers practical solutions for parents in fulfilling their responsibilities, including positive communication and engagement strategies.
Co-Authors Abd Jamil Salam Abdul Gaffar Abdul Gaffar Abdul Rahman Awan Abubakar, Achmad Agung Kurniawan Agus Muchsin Ahmad Ahmad Ahmad Ahmad Ahmad, Fauziah Ahmad, Fauziah Akbar Akbar Akram Akkas Ali Abubakar Ali Akbar Amiruddin, Muhammad Majdy Andi M. Anwar Zaenong Arifah, Inggit Aris Aris Aris Arman Arman Baso Pallawagau Faradhillah, Nitha Fikri Fikri Fikri Firman Firman H. Mahmuddin H. Sudirman L. Hannani Hannani Husni, Hasmiah Iin Andini Islamul Haq Ismayanti Ismayanti Kurniati Kurniati M. Ilham Misbah Nasri Sailellah Moh. Yasin Soumena Muammar Bakry Muhammad Haramain Muhammad Ismail Muhammad Kamal Zubair Muhammad Kamal Zubair Muhammad Kamal Zubair, Muhammad Kamal Muliati Mutmainnah, Iin Purwoko, Agus Rahmawati Rahmawati, Rahmawati Ramli Ramli Rasyidah reski anugrah Ridwan, Ridwan Rosmaya Rosmaya Rusdaya Basri, Rusdaya Saidah Salim, Muhyiddin Salman Abdul Muthalib Sikra Sikra, Sikra Suarning Sudirman Sudirman L Sudirman L, Sudirman Sumiati Suryadi Syarif Syarif, Suryadi Syatar, Abdul Tamsil Tamsil Wahidin Wahidin Wahyu Rauf Wawan Yulia Octavia Rahmat Zaenong, A. M. Anwar Zainal Said Zulkifli Zulkifli