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PERTIMBANGAN HAKIM DALAM MENETAPKAN DISPENSASI NIKAH DI PENGADILAN AGAMA SUNGGUMINASA Darwis, Sulhah; Sultan, Lomba; Kurniati, Kurniati
Inspiratif Pendidikan Vol 12 No 1 (2023): JUNE
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ip.v12i1.40992

Abstract

This article aims to discuss the legal considerations by the judges of the Sungguminasa Religious Court in giving a decision to determine a marriage dispensation application. This paper tries to examine the effectiveness of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage which in general provides legitimacy for the age limit for marriage in Indonesia, which is then collided with a request for dispensation of marriage which some people are of the view is the allowance for the age that has been stipulated in article 7 paragraph (1), this paper then analyzes how single judges examine and assess applications for dispensation of marriage by the community. The type of research used is field research or field with an approach Juridical, namely in accordance with the regulations in force in Indonesia and sociological based on phenomena that occur in society. The main factors that become legal considerations for judges in determining a marriage dispensation application are: Association Factors, Economic Factors, Educational Factors, Environmental Factors and Cultural Factors. These various factors are examined and assessed by the judge in depth while still clearly considering the interests of a child. It is hoped that the judge's decision will provide legal certainty for applicants for marriage dispensation.
THE SUBSTANCE OF THE PROHIBITION OF ALCOHOLIC BEVERAGES IN THE MANIFESTATION OF THE MAQASID AL-SHARI’A IN LAND OF PAPUA Rohman, Baitur; Sultan, Lomba; Marilang, Marilang; Hasan, Hamzah
Jurnal Diskursus Islam Vol 8 No 2 (2020): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v8i2.12801

Abstract

This paper elaborated on the Substance of the Prohibition of Alcoholic Beverages in the Provincial Regulation of Papua Number 15 of 2013 concerning the Prohibition of the Production, Distribution, and Sales of Alcoholic Beverages in the Manifestation of Maqasid al-Shari’a in Papua. This type of research was qualitative empirical legal research with a normative theological approach, statute approach, and sociological approach. The results showed that the substance of the prohibition of alcoholic beverages in the Provincial Regulation of Papua Number 15/2013 which totally prohibited the production, distribution, sales, and consumption of alcoholic beverages was legally contrary to Presidential Decree Number 74 of 2013. Based on the principle of “Lex Superiori Derogad Lege Inferiori”, the Provincial Regulation of Papua Number 15 of 2013 could be ruled out by the Presidential Decree Number 74 of 2013. Therefore, the Ministry of Home Affairs canceled the Provincial Regulation Number 15 of 2013 because it violated the principle of the hierarchy of laws and regulations. Based on the perspective of maqasid al-shari’a, the regulation of alcoholic beverages in the Provincial Regulation of Papua was a necessity of daruriyyat. Thus, everything to make it happen was also daruriyyat.
SOCIAL RELATIONSHIPS IN CONGREGATIONAL PRAYERS TOWARD SOCIAL LIFE IN MAKASSAR CITY DURING COVID-19 PANDEMIC Sumardin, Andi; Sultan, Lomba; Said, Nurman; Ridwan, M Saleh
Jurnal Diskursus Islam Vol 9 No 2 (2021): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v9i2.23984

Abstract

This paper elaborates the social relationships in congregational prayers toward the social life in Makassar City during Covid 19 pandemic. The study used qualitative method and took place in Makassar City, South Sulawesi Province. The researchers applied phenomenological, normative, and anthropological approaches and used in-depth interviews, non-participatory observation, and documentation for data collection. The research instrument was interview guide and observation guide. After the data was collected, it was analyzed through three stages; data reduction, data presentation, and data verification/ conclusions drawing. The data triangulation involved credibility, dependability, confirmability, and transparency criteria. The results show that the role of congregational prayers on social problems in Makassar city during the Covid-19 pandemic is to educate the public directly to face the pandemic, encourage more self-reflection in interpreting the pandemic, and take wisdom from the situation.
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 Andi Sumardin, Andi ASNI Azra, Azni Bakence, Lutfi Bakri, Muammar Muhammad Darwis, Sulhah 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 Marilang Marilang, Marilang Mubarak, Muhammad Hilal Muhammad Aswad Muhammad Fajri Muhammad Shuhufi, Muhammad Mustaufiq, Mustaufiq MUSYAHID, AHMAD Mutmainnah, Iin Nur, Irayanti Nurlina Nurlina Nurman Said Nursalam Nursalam NURUL AZIZAH Pratiwi, Haerani Putra, Muh. Rahmaniar Rahmaniar, Rahmaniar Rian Hidayat Ridwan, M Saleh Ridwan, Muh. Saleh Ridwan, Muhammad Saleh Risnawati Risnawati Rohim, M. Yusuf Nur Rohman, Baitur 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