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KONTEKSTUALISASI KEADILAN DALAM HUKUM QISAS Nur, Muhammad Tahmid
Al AHKAM: Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 3 (2012): Al-Ahkam
Publisher : Al AHKAM: Jurnal Kajian Ilmu Hukum dan Syariah

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Abstract

One of the rules of God which must be implemented is qisas. Regardless of the conflicts that occur among law experts about procedures for qisas law, there are the values of justice that should be considered and not found in any other law enforcement. It was part of the Almighty God who always wants justice for human benefit.
DOMINASI AKAL DAN WAHYU DALAM HUKUM ISLAM Nur, Muhammad Tahmid
Al AHKAM: Jurnal Kajian Ilmu Hukum dan Syariah Vol 3, No 1 (2013): Al-Ahkam
Publisher : Al AHKAM: Jurnal Kajian Ilmu Hukum dan Syariah

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Abstract

Hukum Islam sebagai aturan yang bersumber dari kalam Allah yang abadi, diakui secara transendetal sebagai hukum yang hukum yang paripurna (QS. Al-Maidah (5): #3 dan harmonis dalam setiap aturannya. Dalam keharmonisannya, hukum Islam mampu menyandingkan berbagai perbedaan di dalamnya, dan bermula ketika wahyu Allah Swt. yang suci bermaksud untuk dibumikan melalui penalaran akal manusia. Kedua potensi penerapan hukum Islam tersebut dijadikan sebuah pertarungan (konflik) oleh para orientalisme dan beberapa pemikir Islam, yang mengarah kepada permasalahan klimaks, “Apakah hukum Islam adalah hukum wahyu atau hukum akal?, dan permasalahan tersebut akan mengarah kepada persoalan “Apakah Agama Islam adalah agama wahyu atau agama akal?
AMBIVALENSI DEMOKRASI DI INDONESIA TERHADAP KEBEBASAN BERPENDAPAT (ANALISIS PASAL 28 UUD 1945 Nur, Muhammad Tahmid; Herianto, Herman
Datuk Sulaiman Law Review (DaLRev) Vol 3 No 2 (2022): Datuk Sulaiman Law Review (DaLRev)
Publisher : Program Studi Hukum Tata Negara (Siyasah) IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/dalrev.v3i2.3033

Abstract

:   Democracy is a form of government system that has the nature of freedom of every citizen to maintain, regulate and protect from coercion of the body entrusted to govern. The problems in this thesis are (1) How is the ambivalence of democracy in Indonesia towards freedom of expression? (2) How is Article 28 of the 1945 Constitution applied to the ambivalence of democracy in Indonesia? This type of research is literature research using references from books on democracy, Islamic views on the ambivalence of democracy and the 1945 Constitution which discusses the implementation of democracy in Indonesia. The data collection technique used is to collect historical data on democracy in Indonesia from books that discuss the implementation of democracy by using hiztoris theory analysis up to the present time. The results of the research are that the application of Pancasila democracy is a bridge for the community to be able to convey what is a complaint in social life, as regulated in Article 28 of the 1945 Constitution is that everyone has the right to freedom of association, assembly, and expression of opinion as referred to in one form of the implementation of human rights in the 1945 Constitution. The implementation of democracy should be more aware of the government in the country so that democratic ambivalence can be prevented and become an important role for the running of democracy, the existence of democracy is a bridge for conveying people's aspirations as freedom of opinion and legal protection influential in the Indonesian constitutional structure and its role is very important in advancing the Indonesian nation.    
Implications of the Determination of Marriage Dispensation on Divorce Case : (Case Study at Sengkang Religious Court) Takdir; Nur, Muhammad Tahmid; Abdullah, Muhammad Farhan
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.18

Abstract

The purpose of this study is to discuss the implications of establishing a marriage dispensation for divorce cases at the Sengkang Religious Court. This type of research is qualitative field research with a normative juridical approach. A strategic solution to minimizing marital dispensation is to educate children that underage marriages have a high risk, including when giving birth later, the Regional Government must also play an active role by issuing regulations in the form of laws regarding dispensation of marriage and the prohibition of underage marriages. The implication of dispensation for underage marriage is a cause of conflict in the household which leads to divorce, besides that the cause of death of mothers or babies born is due to the lack of physical maturity on the part of the woman.
Kebijakan Dana Desa di Kecamatan Malangke Kabupaten Luwu Utara Perspektif Al Maslahah Al Mursalah Mansur, Mansur; Nur, Muhammad Tahmid; Fasiha, Fasiha; Darwis, M Ihsan
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 14 No 2 (2024): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v14i2.2437

Abstract

The aim of the research is to find out the Village Fund Policy Regulations, to find out the Village Fund policy in Malangke District, North Luwu Regency, al-maslahah al-mursalah perspective. Research results show that in general the village government uses Village Funds wisely in accordance with binding regulations or rules, such as building village roads, building clean water facilities, community economic empowerment programs, building sports facilities and providing educational facilities and infrastructure and educational scholarship programs. So there is often a conflict of views between the government and village communities, because a solution is needed to avoid existing conflicts. Through the concept of maslahah al-mursalah, village policy makers and stakeholders can use Village Funds to build public facilities. The use of these funds can be justified on the grounds of achieving public benefit and improving the quality of life of village communities. One of the problems found in allocating Village Funds is the difference between community needs and the use of Village Funds by the village government
Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi Kahatib, Kamal; Assaad, A. Sukmawati; Nur, Muhammad Tahmid; Gómez, José Manuel Naranjo
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i2.3067

Abstract

This study aims to examine the enforcement of underage marriage laws in Luwu Regency. This descriptive qualitative study uses a normative-empirical approach to interview, observation, and documentation methods. The results show that the reality of underage marriages in Luwu Regency is influenced by weak public awareness, lack of serious government supervision or education, and factors such as free association, tradition, family economic background, and patriarchal views. Underage marriage practices based on cultural reasons are subject to a criminal penalty of up to 9 years as outlined in Law No. 12 of 2022 on Sexual Violence Crimes, Article 10, Paragraph (1) and (2). The enforcement of underage marriage follows the legal framework of Law No. 16 of 2019, considering the minimum marriage age, and the Supreme Court Regulation No. 5 of 2019 regarding guidelines for adjudicating marriage dispensation requests. Substantively, underage marriage, from a traditional perspective, aims to preserve lineage rather than prioritize material concerns.
Islamic Law Accommodation for Social Interaction within Temu Manten Tradition Mahdaliyah, Mahdaliyah; Assaad, Andi Sukmawati; Nur, Muhammad Tahmid
Al-Ahkam Vol. 34 No. 2 (2024): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.2.22835

Abstract

The temu manten tradition has been carried out for generations by the Javanese community and the Javanese community who live in Sukamaju District, North Luwu Regency, South Sulawesi Province, Indonesia. This tradition is the culmination of a series of traditional Javanese wedding events, and it is a symbol of the union of two families. This study aims to determine the procession of the temu manten tradition in Sukamaju District, North Luwu Regency, in terms of social interaction and Islamic law accommodated in the tradition. This study is qualitative research with an empirical sociological approach using participatory observation to study the implementation of the temu manten tradition. The results show that the temu manten tradition in Sukamaju is still carried out with some adjustments, and Islamic law can accommodate this tradition through a broader interpretation and flexible application. Temu manten tradition is also a strong medium of social interaction with the community. There has been an acculturation and value shift of temu manten tradition in Sukamaju District with temu manten tradition in Java. To preserve the temu manten tradition in accordance with the principles of Islamic law and in line with the concept of 'urf, it is necessary to conduct continuous education to the community.
Cerai Talak di Kota Palopo (Faktor Penyebab dan Solusinga dalam Studi Kasus di Pengadilan Agama) Nur, Muhammad Tahmid
Palita: Journal of Social Religion Research Vol. 1 No. 2 (2016): Palita: Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v1i2.70

Abstract

Marriage is one of the manifestations of human nature in the world to find happines, and make their descendant. Unfortunately, not all marriages are lasting until the end of the age, and not a litle ended in divorce. one case of divorce, is when a husband on his wife filed for divorce in religious courts. It dilator overshadow the many factors causing the disharmony that leads todivorce. However, the judiciary and the associated constantly seek and forge solutions to minimize the number of divorce cases divorce tends to increase from year to year.
Analisis Hukum Islam terhadap Penetapan Hukum Hakim tentang Perkawinan Beda Agama di Indonesia dalam putusan Nomor: 12/Pdt.P/2022/PN. Ptk Aksa, Fauzah Nur; Hamdani, Hamdani; Nur, Muhammad Tahmid; Fadhia, Amira
Palita: Journal of Social Religion Research Vol. 9 No. 1 (2024): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v9i1.4927

Abstract

This research focuses on analyzing the legal of islam basis of the judge's considerations in Court Determination Number: 12/Pdt.P/2022/Pn. Ptk, and the legality of interfaith marriages are reviewed from Law Number 1 of 1974 concerning marriage, as well as the law regarding court decisions regarding interfaith marriages. The type of research used is qualitative research. This research uses primary and secondary data. The data collection method in this research uses library research. Based on research conducted, it is known that the judge referred to Article 35 of Law number 23 of 2006 concerning Population Administration which states that marriage registration applies to marriages determined by the court, so that the judge interprets the meaning of the marriage determined by the court to be an interfaith marriage. Law Number 1 of 1974 concerning Marriage states that marriage is valid based on the rules of religious law, but if an interfaith marriage is carried out outside the jurisdiction of Indonesia and its registration is considered valid. The legal implications that arise as a result of this court decision are the status and position of children. It is recommended that judges in taking considerations not only refer to one interpretation, but also look at other legal considerations such as the Constitutional Court decision Number 68/PUU-XII/2014 in the petition for Review of Law Number 1 of 1974 concerning Marriage which clearly rejects be firm regarding interfaith marriages, and use considerations based on other laws. To the DPR and the Government to immediately revise the Marriage Law by strengthening the prohibition on interfaith marriages in order to eliminate the legal vacuum. To society, interfaith marriages should not be carried out.
Negotiating Islamic Identity Through Cultural Adaptation: A Fiqh al-Aqalliyyat Analysis of Masselle aseng Practice in Indonesian Muslim Minorities Nur, Muhammad Tahmid; Rismawati, Rismawati; Amirullah, Amirullah; Wagay, Javaid Ahmad; Nurdin, Elmiati
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3132

Abstract

This research analyzes the negotiation of Islamic identity through adaptation of the masselle aseng tradition (name-changing ritual) in Indonesian Muslim minority communities using the fiqh al-aqalliyyat framework. Using a comparative ethnographic approach, the research was conducted in three locations: Teteuri Village, North Luwu (Muslim majority context); Bugis Village, Singaraja, Bali (Muslim minority in Hindu majority); and Bugis Village, Ambon (post-conflict multireligious context). Data were collected through in-depth interviews with 18 key informants, participant observation, document analysis, and interfaith dialogue. Findings reveal a three-stage evolution model: Pure Form in a homogeneous context (Luwu), Syncretistic Fusion through interfaith collaboration (Bali), and Universalistic Translation with neutral framing (Ambon). Demographic factors, cultural compatibility, historical context, and social integration need to be systematically considered in adaptation strategies. Islamic legal validation through 'urf sahih principles evolves from internal mechanisms to collaborative authority involving non-Muslim perspectives. Interfaith dynamics produce three engagement models: separation, active collaboration, and diplomatic neutrality. The research contributes to the fiqh al-aqalliyyat theory through the development of a dynamic authenticity framework that positions adaptation as a sophisticated survival strategy for maintaining traditional continuity while achieving social integration. This framework has broad applicability for global Muslim minority communities in navigating cultural preservation challenges and social harmony.