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Universitas Islam Negeri Alauddin Makassar
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ANALISIS PEMBAGIAN HARTA WARISAN TERHADAP ANAK ANGKAT DALAM PERSPEKTIF HUKUM ISLAM Andi Nurjayanti; Supardin; Muh. Jamal Jamil
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 3 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v3i3.25243

Abstract

Abstract The subject of this research is the distribution of inheritance to adopted children from the perspective of Islamic law in Bontomanai Village, Rilau Ale District, Bulukumba Regency. This research is a qualitative research field study with an empirical juridical approach. The results of this study indicate that the distribution of inheritance to adopted children in Bontomanai Village, Rilau Ale District, Bulukumba Regency, that is, adoptive parents give property to their adopted children only to the extent of the heir's love because the distribution of inheritance has no measure and most parents adopt children from their own siblings and the settlement disputes through tudang sipulung or mapakiade. As for the distribution of inheritance to adopted children in the perspective of Islamic law, adopted children are not entitled to the inheritance of their adoptive parents because the adopted child is not an heir but if the adoptive parents want to share then article 209 in the KHI explains that the adopted child can get it through a mandatory will with condition is not more than 1/3 of the property. However, in the community of Bontomanai Village, the distribution of inheritance for adopted children is not in accordance with the rules set out in the KHI such as the absence of a dose and considering the adopted child as a biological child and giving inheritance is their responsibility. Keywords: Inheritance Law, Islamic Law, Adopted Children
PENERAPAN HAK EX OFFICIO HAKIM TERHADAP PERKARA CERAI TALAK A. Uswatun Hasanah Aswar; Supardin; Siti Nurul Fatimah
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.v4i1.29318

Abstract

This study discusses the application of ex officio rights of judges to divorce cases at the Bulukumba Religious Court Class II. The judge at the Bulukumba Religious Court Class II once exercised his ex officio rights which ordered the applicant (husband) to hand over the iddah and mut'ah income to the respondent (wife) even though the respondent or the wife did not file a counterclaim. Therefore, it is necessary to explore how the ex officio rights of judges are applied at the Bulukumba Religious Court and the legal consequences of implementing these ex officio rights. This type of research is an empirical legal research that is a study with field data as the main data source, such as the results of interviews and observations. The results of this study indicate that in the Bulukumba Religious Court, judges exercise their ex officio rights, for example in Decision Number 799/Pdt.G/2021/PA.Blk and Decision Number 574/Pdt.G/2021/PA.Blk and one of the considerations is to provide justice for a wife who will be divorced by her husband. However, the application of this ex officio right is rarely used because most divorce cases at the Bulukumba Religious Court are decided verstek, making it difficult for the judge to prove that the applicant is entitled to receive the right or not. The legal consequence of applying the ex officio rights of judges is to realize the principle of justice by putting everything in its share. In other words everyone fulfills their responsibilities and receives what is due to them. Keywords: Divorce, Judge Ex Officio Rights, Religious Courts
PENERAPAN KAIDAH FIKIH AL-ADAH MUHAKKAMAH DALAM PEMBAGIAN HARTA WARISAN PADA MASYARAKAT ISLAM DI KECAMATAN TANETE RIATTANG KABUPATEN BONE Fitrah Nisardi; Supardin Supardin; Andi Muhammad Akmal
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.v4i2.36513

Abstract

The discussion in this study is related to the application of the fiqh rules of al-adah muhakkamah in the distribution of inheritance to the Islamic community in Tanete Riattang District, Bone Regency. Fundamentally related to inheritance matters have been regulated in Islamic law, but in reality not all Muslims share the inheritance with reference to the provisions regarding the distribution of inheritance in the fiqh Mawaris. Customs and habits that grow in a person's social environment, become the reason that person is bound by a law. There are at least two concepts of inheritance law in Indonesia, namely, Islamic law and customary law. In this study, several main issues were formulated, including the form of inheritance distribution as well as the implementation of the application of the principles of fiqh al adah muhakkamah. by tudang sipulung or by deliberation. The concept of sharing inheritance is in accordance with the concept of tashaluh sharing which is based on agreement and voluntarism. The implementation of the distribution of inheritance by tudang sipulung is in accordance with the distribution according to Islamic law, in this case al-adah or al-urf, as long as the distribution of inheritance does not conflict with the values of Islamic teachings. The division using this method is based on the agreement and also the voluntarism of the heirs, which is basically the same as the distribution of inheritance by means of tashaluh which in practice prioritizes deliberation and agreement of the heirs. Keywords: Customary Law, Inheritance, Fiqh Rules.
STUDI KELAYAKAN ATAS POTENSI ZAKAT PERTANIAN DI KECAMATAN TAPALANG KABUPATEN MAMUJU (ANALISIS INDEKS DESA ZAKAT) Muhammad Anwar; Qadir Gassing; Supardin Supardin
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.36938

Abstract

Abstract The purpose of this research is to find out how the Potential of Agricultural Zakat in Kec. Tapalang, Kab. Mamuju and to find out how the Kec. Indexation Analysis. Tapalang Based on Zakat Village Index (IDZ). This research is a mixed method research dominated by descriptive-qualitative research. Research location in Baznas Kab. Mamuju and kec. Tapalang. Data obtained from interviews, documents and field observations. The data analysis method, namely primary data and secondary data, is analyzed qualitatively, namely a method of research conducted to seek qualitative truth. The conclusion of this study is that the potential for agricultural zakat in Mamuju Regency in general according to BAZNAS can reach Rp. 37.23 billion. As for the Tapalang sub-district, the zakat potential reaches Rp. 566,719,020 but the unaccounted value of potential agricultural zakat is around 3,312.94 tons for various commodities. This is because the IPPZ (Zakat Potential Mapping Indicator) has not been implemented in Tapalang sub-district for the agricultural sector. So that BAZNAS always socializes the importance of zakat to official government institutions so that the potential can be read and absorbed accurately. Based on the analysis according to the dimensions in the IDZ, the Tapalang sub-district is in the range of 0.41-0.60, which means it is quite good and can be interpreted that these areas may be considered for assistance. Even so, there are dimensions that fall into the unfavorable category, which means they are prioritized for assistance, namely the economic, educational and social dimensions of humanity. Keywords: agricultural zakat, zakat village index
THE EFFORTS OF MARITAL RECONCILIATION IN REDUCING DIVORCE RATES Hasnidar; Supardin; Marilang
International Journal of Islamic Studies Vol 2 No 1 (2022): June
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v2i1.32313

Abstract

This study discusses the arguing family members are involved in the application of the concepts and procedures of engaging a third party or intermediary. This research is a research library. Based on the research findings that have been discussed, husband-wife disputes and mediators can prevent divorce, and can apply and implement the following principles and mechanisms in the process of reconciliation efforts: fairness, realistic and evidence-based, systematic, tactical, strategic, and courageous; the decision through a non-litigation process to appoint family or community leaders; the decision through a semi-litigation process by presenting the parties and concluding with a written assessment by conciliation or expert judgment, so that it might affect how effective it is at reducing the divorce rate, including effective, less effective, and ineffective.
AKURASI ARAH KIBLAT MASJID DI KELURAHAN ALLIRITENGAE KECAMATAN TURIKALE KABUPATEN MAROS Nurlinda Sari Abdul Rauf; Supardin Supardin
HISABUNA: Jurnal Ilmu Falak Vol 1 No 1 (2020): Maret 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/hisabuna.v1i1.13102

Abstract

It is a fact that the direction of the mosque located in our country still differs from one another, the direction of the spread of the mosque in the community still differs to 20 degrees or beyond. Qibla deviation is most commonly found in the amount of 25⁰ which is right to the West.  How far the deviation that occurs if wrong in determining the position of the Qibla direction leading to the ka’ba in Mecca, where the distance from the regency of Maros is as far as 9156.24 km. then if there is an error of just 1⁰, then there is a deviation as far 110 km. This study has the main problem regarding the accuracy of the position of the qibla directionof mosquesin the Village of Alliritengae, Turikale sub-District, Maros District with the type of research is a descriptive qualitative research that is a type of research that describes qualitatively about objects discussed according to the reality that can be found in the community. The conclusion in this study is that the determination of the direction of qibla is a test given by Allah Almighty to His servants to test how much their faith in trying to perfect their servitude to Allah Almighty. Therefore, it is expected that all Muslims in Indonesia should try to perfect our worship of Allah Almighty, especially in justifying the direction of qibla when we want to pray.
Implementation the Rules of al-Ḍarar al-Asyaddu Yuzālu bi al-Ḍarar al-Akhaf at the Bathing Process Transgender Body Eka Syahriani; Supardin Supardin; Fatmawati Fatmawati; Sri Ujiana Putri
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 1 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i1.1354

Abstract

If the bodies of transgender people who have had genital surgery are carried out according to their original gender, it will cause harm to Muslims. For example, transgender women who are originally male are bathed by men, while their body condition has changed to that of a woman. If it is held according to the current gender it will cause harm to the Islamic religion, namely as if the act of changing gender is permissible. Both of these conditions cause harm. This research aims to analyze the rules of al-ḍarar al-ashaddu yuzālu bi al-ḍarar al-akhaf during the procession of washing the body of a transgender persons that solutions can be found to alleviate these disadvantages. This research is qualitative literature research with a normative juridical approach. The results of the research explain that in the process of washing, the lightest harm is to return the body to its original law. In order to further alleviate the harm that must be done, the washing procession is described in the condition of khunsa musykil, namely that the body can simply be placed in public without washing it, as agreed by the majority of ulama. This is done to protect the private parts and prevent Muslims from seeing and touching it and it is better if the person holding the body is from their own family. Heavy adversity can ultimately be eliminated by enduring lighter adversity and light adversity can still be alleviated by referring to the law of bathing khunsa musykil.
TINJAUAN HUKUM ISLAM TERHADAP PERTIMBANGAN HAKIM PENGADILAN AGAMA MAROS DALAM PENETAPAN BESARAN MINIMAL NAFKAH ANAK (ANALISIS PUTUSAN NOMOR:39/Pdt.G/2019/PA.Mrs) Khaerani, Nurul; Supardin, Supardin
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Vol. 1, No. 3, September 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v1i3.15464

Abstract

AbstrakPokok masalah dalam penelitian ini adalah tinjauan hukum Islam terhadap pertimbangan hakim Pengadilan Agama Maros dalam penetapan besaran minimal nafkah anak. Jenis penelitian dalam skripsi ini adalah penelitian lapangan yaitu kualitatif deskriptif dengan melakukan pendekatan penelitian Normatif-Empiris dan pendekatan keagamaan/Yuridis. Sumber data dalam penelitian ini adalah sumber data primer yaitu Hakim Pengadilan Agama Maros dan sumber data Sekunder yaitu buku, jurnal, maupun perundang-undangan yang terkait dengan objek penelitian.Metode pengumpulan data dalam penelitian ini dilakukan dengan langkah observasi, wawancara dan dokumentasi. Instrument penelitian yang digunakan adalah pedoman wawancara, alat dokumentasi, dan alat tulis. Kemudian tehnik pengolahan dan analisis data dilakukan dengan tahap klasifikasi data dan editing data dan penarikan kesimpulan. Hasil penelitian ini menunjukkan bahwa dari sumber buku yang diperoleh terdapat perbedaan pendapat Imam Mazhab terkait jumlah nafkah anak. Dalam putusan yang penulis analisis menunjukan bahwa hakim yang memeriksa perkara tuntutan nafkah anak sudah sesuai dengan ketentuan hukum Islam.Kata Kunci: Nafkah anak; Hukum Islam; Pengadilan Agama Maros AbstractThe main problem in this research is the review of Islamic law on the consideration of the Religious Courts’ judge in determining the minimum amount of children's income. The type of research in this thesis is field research, in particular qualitative descriptive by using Normative-Empirical research approach and Religious or Juridical approach. The sources of data in this research are primary data source, in particular the Religious Courts’ judge of Maros and secondary data sources, including books, journals, and laws which are related to the object of the research. The method of collecting data in this research were carried out by means of observations, interviews, and documentations. The research’s instruments that have been used were interview guides, documentation tools and stationery. The processing and analyzing data techniques were carried out by organizing data and drawing conclusion stages. The results of this research indicate that from the obtained source of books, there were several differences from Imam Mazhab’s opinion regarding the amount of children's income. In the verdict which the researcher has analyzed, it showed that the judge who examined the case of the demand for children’s income was in accordance with the provisions of Islamic law.Keyword: Living, Islamic Law; PA Maros.
Perlindungan Hukum terhadap Tanah Waris Yang Disengketakan di Desa Tugondeng Kecamatan Herlang Kabupaten Bulukumba: Studi Komparasi Hukum Positif dan Hukum Islam Juliana; Supardin; Anis, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.31040

Abstract

Parole is the process of fostering convicts and criminal children outside the Correctional Institution after serving at least 2/3 (two thirds) of their minimum sentence of 9 (nine) months (Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.2.Pk.04 -10 of 2007) article 1 paragraph 2. The granting of parole is one of the legal means in the context of realizing the goals of the correctional system. The right of inmates to obtain parole is regulated in the provisions of Article 14 letter k of the Correctional Law. Narkoba is an abbreviation of narcotics and drugs/dangerous substances. In addition to narcotics, another term introduced especially the Ministry of Health of the Republic of Indonesia is narcotics which stands for narcotics, psychotropics, and addictive. This type of research is library research. Broadly speaking, the approach used by the authors in this thesis is a sociological, historical, and anthropological approach. The data collection techniques used in obtaining the necessary information related to the problem under study are: Literature Study, is a data collection technique by reading literature books and literatures that can be used as guidelines or data sources in making this thesis. The literature study includes: 1.) Primary data, 2.) Secondary data. The purpose of this study is to analyze analytically how to parole narcotics convicts from both Positive Law and the Hanafi School of Law. Karen has now been shown how the life and fate of convicts in narcotics cases is uncertain, sometimes they are discriminated against by the social community. Become new insights and ideas about how to parole narcotics cases. The results of this study. If no qhoth'I arguments are found either in the Qur'an or in the Hadith whose validity is not in doubt, Imam Abu Hanafiah will determine the law based on Ra'yu. Imam Abu Hanafiah was influenced by legal developments in Kufa which was located far from Mandinah as the city where the Prophet Muhammad lived. So Imam Abu Hanafiah through his legal terms views narcotics as khamr or anything that is categorized as intoxicating and forbidden through the Qiyas approach.
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

Abstract

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.
Co-Authors A Muh Muharram M A. Rahmani Samsul A. Uswatun Hasanah Aswar Abd. Qadir Gassing Abdul Rauf Muhammad Amin Abubakar, Achmad Akifah, Farah Alwi, Mujahid Aminuddin Aminuddin Amirullah -, Amirullah Andi Kitta, Andi Abdul Kadir Andi Muhammad Akmal Andi Muhammad Akmal Andi Nurjayanti Andi Syahru Ramadhan Asni ASNI Asri, Munzil Aty, Nur Sani Cahyadi Sainuddin Dalle, Jumarni Darmein, Darmein Eka Syahriani Eka Syahriani Faisal Abdullah Fatmawati Fatmawati, Fatmawati Fitrah Nisardi Gassing, Abdul Qadir Gunawan Gunawan Gunawan Gunawan Hamid, Helson Hamsir Hamsir Hamsir Hamzah Harun Al-Rasyid Hamzah Hasan Hasbi Haslinda Sabdah Hasnawati Latief Hasnidar Hasri Ani Sahrir Hasta Sukidi Haziri, Achmad Abrar Herdianto Herdianto Hindun Umiyati HM, Muhajir HT, Abd. Qadir Gassing Idsam, Suci Anugrah Idwar, Idwar Ilmiah Imam Makmun Intan Cahyani, Intan Istiqamah Izzah, Ibnu Jaya, Zairipan jiba, Widyawati Widya Juhan, Nawawi Juliana Kartika Kartika Khaerani, Nurul Kurniati Kurniati Kurniati Liharja Liharja Lomba Sultan Mardiyanto, Arief Marilang Mildawati, Titi Mita Ayu Lestari Muammar Bakri Muh. Jamal Jamil Muhammad Anis, Muhammad Muhammad Anwar Muhammad Basri Dalle Muhammad Nasrul Hanasir Munira, Eka Mursyid Fikri Musafir, Ihsan Musyfika Ilyas Nurfadhila Yunus Nurfaika Ishak Nurfatimah Nurfatimah Nurfatimah Nurjannah Nurlinda Sari Abdul Rauf Nurul Alfiah Rahmi Nurul Muthahharah P, Umar Paputungan, Amaliah Miranti Patawari, A. Muh Yusri Patimah Patimah Prayoga, Doni Qadir Gassing Rahim, Wahida Rahma Amir Rahma Amir Rahman, Muh. Akbar Rahmatulla Rahmawati, Rahmawati Ridha, Rahmatur Riyadhsyah, Teuku Ruhana, Ruhana Rusdi Tahir S, Samsidar Sabri Samin Sartika , Suriana Dwi Shesa, Laras Siddik, Jafar Siti Nurul Fatimah Sri Ujiana Putri Suhaebatul Khaerah Suhartati Suhartati SULASTRI Syafruddin, A.Ummu Fauziyyah Syahputra, Rudi Syaifuddin Syaifuddin Syam, Arif Syamsu Rizal Syamsuddin, Darussalam Syarwan, Syarwan Syatar, Abdul Tarmizi Tarmizi Teguh Dermawan Usman Jafar Virgiawa, Rheyza Wahab, Zulkifli Wahid, Sahid Wilda, Nurul Yunus, Yuhanis Zaidathul, Fania Putri