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Lomba Sultan
UIN Alauddin Makassar
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Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989 Nursalam, Nursalam; Shuhufi, Muhammad; Sultan, Lomba
AHKAM Vol 3 No 2 (2024): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v3i2.3030

Abstract

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.
Pemikiran Hukum Islam Ibn Taimiyah tentang Akad Nikah Tanpa Lafaz Kabul Rohim, M. Yusuf Nur; F, Fatmawati; Sultan, Lomba
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10445810

Abstract

Marriage is the best way to build a Muslim family which is nothing but a strong foundation in building an ideal society. The marriage contract is considered the most important contract in human life. It is also a foundation in a person's life, which should not be underestimated. So it needs caution and accuracy in it, so that it is in line with the sincere intentions and sense of responsibility of the person who runs it. Islam has set all the foundations and values that must be contained in this marriage, which aims to maintain its position and influence in human life. This study aims to explain the definition and pillars of marriage, especially lafaz ijab kabul, as well as Ibn Taymiyah's views on the marriage contract without lafaz ijab kabul.
Menggugat Stereotype Kepemimpinan Perempuan Perspektif Hukum Islam Wulandari, Ulfah Yunita; F, Fatmawati; Sultan, Lomba
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10432489

Abstract

In the period before the arrival of Islam, it was known that women suffered greatly and lived in poverty, but after the introduction of Islam, it was able to change the discriminatory situation that occurred before and enable women to have a decent life equivalent to prosperity. male position. In this article we present an example of female leadership in Islamic law. This article aims to provide an understanding of the views that allow women to become leaders in a country with the same position as men. Using normative research methods or bibliographic legal research is used as a research method. The normative approach is used to study and analyze library materials or search for information identified with research materials as legally required materials related to the research materials being conducted.
Pemikiran Hukum Islam K.H. Abdurrahman Wahid : Agama dan Negara, Pluralisme, Demokratisasi, dan Pribumisasi Kadir, Muh.Awaluddin; F, Fatmawati; Sultan, Lomba
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10447553

Abstract

Sosok Abdurrahman Wahid merupakan sosok yang unik dan pemikirannya tergolong tipikal. Bagi kebanyakan orang, beliau dikategorikan sebagai non- tradisionalis konservatif, bukan pula modernis Islam. Akan tetapi, dia seorang pemikir Muslim, seorang pemimpin organisasi Islam berbasis tradisi, dan seorang cendikiawan inovatif yang melahirkan banyak karya intelektual; di antaranya: pemikiran mengenai hubungan agama dan Negara, pluralime, demokratisasi dan pribumisasi.
Analisis Sumber Hukum Islam: Telaah Metode dan Perdebatan Hidayat, Rian; F, Fatmawati; Sultan, Lomba
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10441777

Abstract

This research stems from the complexity of interpreting Islamic legal sources and the disagreement among scholars regarding the methodology of its analysis. The primary objective of the study is to provide a deeper understanding of the methods used in analyzing Islamic legal sources and to elucidate the debates that arise in this context. The research methodology employed is a literature review, involving the collection and analysis of key literature discussing various methods of analyzing Islamic legal sources and the associated debates. The approach utilized in this research is a normative approach, allowing the researcher to evaluate the methods of analyzing Islamic legal sources from the perspective of existing legal norms. This study holds significance in enriching academic insights into the approach of analyzing Islamic legal sources. The research outcomes are expected to contribute to a better understanding of the complexity and conceptual framework underlying the process of analyzing Islamic legal sources. Practical implications of this research include guidance for researchers, legal practitioners, and students to better comprehend how to navigate differences in approaches when analyzing Islamic legal sources.
Konsep Pemikiran dan Penegakan Hukum Khalifah Umar Bin Abdul Azis Mubarak, Muhammad Hilal; Sultan, Lomba; F, Fatmawati
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10448241

Abstract

In a country, the function of the government is very important, because if the government does not function well it will have a big impact on the stability of a country. Therefore, government must be held by people who understand the function of government. The government is an organization that has the power to create and implement laws and regulations in certain areas. The government has the power and institutions that take care of state matters and the welfare of the people. Umar bin Abdul Aziz was caliph for no more than 3 years, but he succeeded in reviving the glory of Islam as in the days of his predecessors. After he was sworn in as caliph, there were many changes in government policy. He made policies that were different from the previous government in the fields of politics, economics and religion, he also took a firm stance towards government officials.
Pemikiran Hukum Islam Mazhab Syiah dan Ahmadiyah Ikram, Muhammad Furqanul; Taher, Muhammad Rafli HI; F, Fatmawati; Sultan, Lomba
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 12 (2024): Madani, Vol. 1 No. 12 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10445974

Abstract

After occurred taḥkīm between caliph Ali and Muawiyah which ended in deceit which caused caliph Ali to be removed from the reins of government power. The taḥkīm process then gave birth to three groups of Muslims, two in the form of a majority group and one in the form of a minority group. The groups that the author refers to are groups that were pro Mu'awiyah, groups that were pro 'Ali which were later named Shiites and minority groups that used to support 'Ali then defected and renamed themselves khawārij. In other parts of the world, groups have emerged calling themselves reformers (mujaddid) in Islam. This organization is called Ahmadiyah, founded by Hazrat Mirza Ghulam Ahmad Alqadiani, a Mujaddid of the 14th century Hijriyah who had the titles of Almasih and Mahdi, based on inspiration from Allah SWT. which he received on December 1, 1888.
UMAR BIN KHATTAB'S PHILOSOPHICAL IJTIHAD THINKING ON THE RESTORATIVE JUSTICE APPROACH IN ISLAMIC CRIMINAL LAW Suhartati; Musyahid, Achmad; Sultan, Lomba; Syatar, Abdul
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.52557

Abstract

This study examined the depth of Caliph Umar bin Khattab's philosophical thinking in applying ijtihad in the context of Islamic criminal law, especially related to the restorative justice approach. By analyzing various policies and legal decisions taken by Umar, this study attempted to uncover the philosophical basis underlying the application of the principles of restorative justice in the Islamic justice system during his leadership by identifying the values of justice, humanity, and maslahah as the main pillars of Umar bin Khattab's ijtihad thinking in the context of restorative justice. Using a descriptive qualitative approach, this study examined primary and secondary sources, including fiqh books and modern literature on restorative justice. The results of the study showed that Umar's ijtihad was not only based on literal Sharia texts but also considered maslahat (benefit) and the social context of society. This could be seen in decisions such as the temporary suspension of the punishment of amputation of hands during a time of famine, which illustrated the law's flexibility in responding to emergencies.
IJTIHAD ULAMA DALAM MERUMUSKAN METODE MEMAHAMI MAQÂSID AL-SYARÎ’AH Saende, Zubair Rahman; Sultan, Lomba; Syatar, Abdul
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v3i1.43

Abstract

This paper is intended to find a method of understanding maqâsid al-syarî'ah in Ijtihad of Islamic law. The method used is literature review using descriptive analysis. The study in this writing demonstrates that the method of understanding maqâsid al- syarî'ah has four forms of approach taken by experts, namely (1) lafziyah, (2) maknawiyah (3) meaning outside the text using Istihsân and Istislah (Maslahah al- Mursalah) and (4) lafziyah and meaning. While there are also contemporary thinkers who develop methods of understanding maqâsid al-syarî'ah with the term al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah divided into two methods: (1) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah the development of al-adillah al-syar'iyyah ushul fiqh. (2) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah excluding al- adillah al-syar'iyyah ushul fiqh. The urgency of this study is to create welfare, peace and happiness for humanity both in this world and in the hereafter and to answer problems in Islamic lawwhich do not find its law in the Qur'an and Sunnah.
EFFORTS TO PREVENT DIVORCE BY JUDGES AT THE BARRU RELIGIOUS COURT (PERMA ANALYSIS NUMBER 1 OF 2016 CONCERNING MEDIATION PROCEDURES IN COURTS) PERSPECTIVE OF ISLAMIC LAW Azizah, Nurul; Sultan, Lomba; Azra, Azni
International Journal of Islamic Studies Vol 1 No 2 (2021): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v1i2.32046

Abstract

Overview Divorce cases at the Barru Religious Court have increased significantly from year to year, increasing by around 20% each year, the majority being filed by the wife. the factor that causes the majority is the existence of continuous disputes and quarrels followed by reasons to leave one of the parties, while the other reasons are only a small part. Efforts to prevent divorce by judges at the Barru Religious Court in the form of mediation have been in line with the provisions of Perma No. 1 of 2016 concerning Mediation, at each stage of mediation various efforts have been carried out, including: at the Pre-Mediation stage, Advisory was carried out by the Panel of Judges Examining the Case, at the Mediation stage, efforts were made in the form of: a. Creating a comfortable and conducive atmosphere, sometimes accompanied by jokes, b. Actively listen to the problems expressed by each party, c. Responding and clarifying the intentions of the parties and bridging the differences between the two, d. Conducting Caucus, e. Show appreciation, and at the Final stage of Mediation, the Panel of Judges gives advice again at each trial. Efforts to prevent divorce by judges at the Barru Religious Court in the form of implementing mediation in the perspective of Islamic law have also been in line with the concepts of Islah and Hakam, and are also in accordance with the Maqasid Syariah principle, namely hifdz al-nasl (keeping offspring).
Co-Authors A, Azman abdi, ananda abdi Abdul Halim Talli Achmad Musyahid Idrus, Achmad Musyahid Achmad Musyahid, Achmad Achmad, Muhammad Thamrin Thamrin Ahimsah, Muhammad Syahril Ahmad Arief Alamsyah, Tahwin Aliah, Khairun Inayah Alis, Sulfi Amin, Abd. Rauf Muhammad Amirullah -, Amirullah Amrullah, Salam ASNI Azra, Azni Bakence, Lutfi Bakri, Muammar Muhammad Desemriany, Siti Sharah Didik Pramono, Didik DL, Rahmatiah Edi Ardiansa esse, indo fatimah Fatimah Fatmawati - Fatmawati F, Fatmawati Fatmawati, Fatmawati Fitrah, A. Nurhafidhah Fitri Ningsih, Fitri Halimang, St Hamsir Hamsir Hamzah Hasan, Hamzah Hasim, Hasanuddin Heriana, Heriana Hilal, Fatmawati HL, Rahmatiah Ikhsan, Muh Ikram, Muhammad Furqanul Jasmin, Suriah Pebriyani Juhari, Andi Rezal Kadir, Muh.Awaluddin Kurniati Kurniati Kurniati Larissa, Dea Mahfud Mahfud Mubarak, Muhammad Hilal Muhammad Aswad Muhammad Fajri Muhammad Shuhufi, Muhammad Mustaufiq, Mustaufiq MUSYAHID, AHMAD Mutmainnah, Iin Nur, Irayanti Nurlina Nurlina Nursalam Nursalam NURUL AZIZAH Pratiwi, Haerani Rahmaniar Rahmaniar, Rahmaniar Rian Hidayat Ridwan, Muh. Saleh Ridwan, Muhammad Saleh Risnawati Risnawati Rohim, M. Yusuf Nur S, Samsidar Saende, Zubair Rahman Said, Marwah Khumaerah Saleh Ridwan, Saleh Sari, Muspita Sohrah Sohrah, Sohrah Sudirman L, Sudirman Suhartati Supardin Supardin, Supardin Sutikno Sutikno Syamsuddin, Darussalam Syamsuddin, Rahman Syarif, Muhammad Fazlurrahman Syatar, Abdul Taher, Muhammad Rafli HI Umar, Marzuki Wulandari, Ulfah Yunita Zarah, M. Miswar