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All Journal DE JURE SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurnal Al-Dustur Al-Adl : Jurnal Hukum ADHKI: Journal of Islamic Family Law Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Journal La Sociale Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Journal of Lex Generalis (JLG) JURIS (Jurnal Ilmiah Syariah) Journal of Indonesian Scholars for Social Research International Journal of Community Service (IJCS) Al-Aqwal : Jurnal Kajian Hukum Islam Cerdika: Jurnal Ilmiah Indonesia Al-Bayyinah Jurnal Ar-Risalah
Tarmizi
Universitas Andi Sudirman
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Upaya Penyelesaian Konflik Pembagian Harta Warisan Masyarakat di Indonesia Tarmizi Tarmizi
Al-Adl : Jurnal Hukum Vol 16, No 1 (2024)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v16i1.9701

Abstract

Pembagian harta warisan merupakan masalah yang kompleks karena dalam pelaksanaannya masih banyak terjadi konflik antara ahli waris. Konflik pembagian harta warisan yang terjadi tidak boleh dibiarkan begitu saja melainkan perlu dikaji penyebab terjadinya, bentuk penyelesaian dan upaya pencegahannya. Penelitian ini merupakan penelitian normatif dengan pendekatan pada fenomena yang terjadi dalam masyarakat terkait konflik kewarisan. Sumber data berasal dari data sekunder yang dikumpulkan melalui studi dokumen berupa pengkajian terhadap literatur yang relevan untuk kemudian dilakukan analisis data secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa konflik kewarisan disebabkan karena keserakahan ahli waris, adanya kesalahpahaman, dominasi ahli waris tertua yang ingin mendapatkan lebih banyak bagian dan pembagian harta melalui hibah atau wasiat yang tidak merata. Penyelesaian konflik kewarisan dapat dilakukan melalui jalur litigasi yaitu penyelesaian sengketa di pengadilan atau jalur non litigasi yang dilakukan di luar pengadilan seperti melibatkan tokoh agama, tokoh masyarakat atau pemerintah setempat untuk memediasi pihak yang bersengketa. Beberapa upaya dapat ditempuh untuk mencegah konflik kewarisan seperti pembagian harta dilakukan saat pewaris masih hidup, mengedepankan musyawarah untuk mufakat dalam pembagian harta warisan dengan berdasarkan kaidah hukum Islam, meningkatkan penyuluhan atau sosialisasi terkait pembagian harta warisan kepada masyarakat dan melakukan pembagian harta warisan berdasarkan Kompilasi Hukum Islam (KHI) sebagai hukum positif yang berlaku di Indonesia.
Juridical Review of Hazardous and Toxic Waste Management Gustika Sandra; Tarmizi Tarmizi; Dewi Mulfiyanti
Journal La Sociale Vol. 4 No. 3 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i3.844

Abstract

This research aims to determine the juridical review of the management of hazardous and toxic waste (LB3) at Tenriawaru Hospital, Bone Regency. This research is field research conducted at Tenriawaru Hospital, Bone Regency using qualitative data collection and analysis methods. The data sources in this research are primary data, namely data obtained from interviews with informants and secondary data in the form of statutory regulations. The research results show that the management of hazardous and toxic waste at Tenriawaru Bone Regional Hospital is carried out by sorting, storing, transporting and burying. Management of B3 waste at Tenriawaru Bone Hospital is in accordance with the Minister of Environment Regulation Number 18 of 2009 concerning Procedures for Licensing Management of Hazardous and Toxic Waste Article 2 paragraph (1), namely the type of B3 waste management activity that must be accompanied by a permit consists of transportation activities, temporary storage, collection, utilization, processing and stockpiling. Regarding the use of medical waste, it is not mandatory considering that medical waste is very dangerous and can cause disease and is dangerous to health. Management has been carried out in a structured manner, but still needs to be strengthened in terms of control so as not to pollute the environment. To prevent the negative impact of the management of hazardous and toxic waste (LB3), especially medical waste in hospitals.
Sustainable Development of Mangrove Ecosystem Policy in South Sulawesi from the Perspectives of Siyāsah and Fiqh al-Bi’ah Hamzah Hamzah; Irfan Amir; Sultan Hasanuddin; Tarmizi Tarmizi; Muhammad Fazlurrahman Syarif
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10559

Abstract

This research aims to examine the policy of sustainable mangrove ecosystem development in South Sulawesi from the perspective of siyāsah and fiqh al-bi’ah. The questions raised are how the construction and implications of the policy of sustainable mangrove ecosystem development are, and how the reformulation of the concepts of siyāsah and fiqh al-bi’ah affects the policy that has been set. The data in this research are primary data from interviews, observations, and documentation, as well as secondary data from relevant literature. Data collection methods were carried out through interviews, observations, and documentation to be analyzed descriptively qualitatively based on the approach of siyāsah and fiqh al-bi’ah. The results of the research show that the policy of sustainable mangrove ecosystem utilization is realized through the establishment of regulations related to mangrove management at both the national and regional levels. The policy is implemented through the formation of the Regional Mangrove Working Group (KKMD) of South Sulawesi as a group that works to preserve the mangrove ecosystem. The policies implemented have implications for legal aspects, aspects of the economy based on ecotourism, environmental sustainability, education, and religious social. The policy that has been set is in line with the concept of siyāsah dusturiyah and fiqh al-bi’ah based on maslahah. The perspective of siyāsah dusturiyah and fiqh al-bi’ah plays a role in strengthening and supporting government policies in the effort to preserve the sustainable mangrove ecosystem.
The Role of Mediation in Land Dispute Resolution: Effectiveness and Challenges Jumra; Tarmizi; Rasyid, Mukhawas; Suriyati
Journal of Indonesian Scholars for Social Research Vol. 4 No. 2 (2024): JISSR
Publisher : Cendekiawan Indonesia Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59065/jissr.v4i2.157

Abstract

Land disputes are one of the most common types of conflict in Indonesia, given that land has a very high economic, social and cultural value. As development and land use changes increase, disputes over ownership, boundaries, and land use rights are increasingly common. Mediation as an alternative to out-of-court dispute resolution has been recognised as a faster, cheaper and more efficient method of resolving often complex and sensitive land conflicts. This study analyses the various factors that influence the success of mediation in land dispute cases, including the role of the mediator, legal support, as well as the readiness of the parties involved. The results show that mediation can be an effective tool for resolving land disputes, especially when supported by competent mediators and a strong desire from the parties to reach an agreement. However, the research also identified a number of challenges, such as the power imbalance between the parties, the lack of understanding of the mediation process, as well as limitations in the implementation of mediation outcomes. Thus, while mediation offers great potential in land dispute resolution, further efforts are needed to overcome these obstacles in order for mediation to function optimally in the context of agrarian law in Indonesia.
Kontekstualisasi dan Pembumian Fikih Berbasis Realitas Ke-Indonesiaan: Perspektif Hazairin dan Munawir Sjadzali Tarmizi, Tarmizi; Salenda, Kasjim; HL, Rahmatiah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.43378

Abstract

The concept of Indonesian fiqh is an idea that is characteristic of the implementation of Islamic law in Indonesia which is in accordance with the character and nuances of Indonesian society. The emergence of the concept of Indonesian fiqh cannot be separated from the ideas of important figures who contributed ideas to Islamic law in Indonesia. This research is library research carried out by collecting and reviewing various literature related to the concept of Indonesian fiqh which was initiated by several important figures and their ideas. The data analysis technique uses qualitative descriptive analysis through analysis of the thoughts of influential figures in grounding Indonesian fiqh. The results of the research show that Hazairin's thoughts on Indonesian fiqh gave birth to the concept of the Indonesian school of thought or the Syafi'i plus Indonesia school which was projected by including Islamic law in the national legal system. Then Munawir Syadzali with the concept of humanitarian ijtihad through the positivization of Islamic law. Several of the proposals and methodologies that have been initiated have the same ideals, namely wanting a new fiqh format that is in accordance with social realities in Indonesia.
HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA Tarmizi, Tarmizi; Misbahuddin, Misbahuddin; Kurniati, Kurniati; Imran, Muh. Fadhil Abdillah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6019

Abstract

The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.
Construction of Inheritance Distribution Based on Gender Equality in Thematic Tafsir Studies Tarmizi, Tarmizi; Abubakar, Achmad; Basri, Halimah; Rif’ah, Muh. Azka Fazaka; Febrian, Rifki
Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i1.5198

Abstract

Gender equality in inheritance is an issue that is often debated today. One of the controversial verses is verse 11 of surah al-Nisa' which regulates that the men's portion is equal to two women's parts. This study aims to examine the verses of the Qur'an regarding gender equality in inheritance through thematic studies and spark a shift in the concept of inheritance which demands equal parts through the interpretation of the meaning of verse 11 surah al-Nisa'. This research is literature research with descriptive qualitative type through thematic tafsir approach and syar'i approach. This research found that the verses of the Qur'an regarding gender equality in inheritance based on thematic studies produced the theme, namely the verses about men and women being equally entitled to inherit and the share of men and women heirs, as well as the share of men and women. Through thematic studies, the concept of inheritance based on gender equality can be explained more comprehensively. The concept of inheritance in verse 11 of surah al-Nisā' has gradually shifted in meaning from section 2:1 to become an equal part marked by the birth of the concept of bilateral inheritance which fully supports gender equality in inheritance. It's just that it is still possible for disputes to occur so fiqh mawāris becomes a solution. So it is recommended that before dividing the inheritance with the principle of gender equality, it must first be divided based on the provisions of the mawāris fiqh and then an agreement can be made so that the rights of the heirs are considered.
An Analysis of the Criminal Act of Granting Business Permits by Officials Without Completed Environmental Permits Gustika Sandra; Tarmizi; Jumra; Rika Damayanti; Muh. Bakri; Asia A. Pananrangi; Mukhawas Rasyid; A. Arfyan Pratama; Sakti Yadi
IJCS: International Journal of Community Service Vol. 1 No. 2 (2022): IJCS: International Journal of Community Service
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.872 KB) | DOI: 10.55299/ijcs.v1i2.223

Abstract

Between humans and their environment there is a dynamic relationship. Changes in the living environment will cause changes in the physical and psychological conditions of humans to adapt to new conditions. Changes in the human condition will in turn cause changes in the environment. Thus, it can be said that not only the environment can affect humans, but humans can also be the main and dominant factor influencing the environment, so that human awareness is needed for their own environment. This is done in order to obtain a good environment and in accordance with human needs, so that the dynamic relationship between humans and their environment will be maintained. The method of this community service is the counseling method in the form of direct presentation of lecture material to 5 respondents using leaflets and browser media. This community service as a whole is very effective, so that an increase in knowledge is obtained after counseling on the Criminal Act of Granting Business Permits by Officials Without Completed Environmental Permits.
Inheritance Distribution and Conflict Resolution in Bone Regency: Upholding Women's Rights and Islamic Law Objectives Tarmizi, Tarmizi; Amir, Rahma; Syamsuddin, Darussalam; Hasan, Hamzah; Ridwan, Muh. Saleh
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.29477

Abstract

The implementation of the inheritance distribution system within the community remains partially ineffective, as conflicts among heirs frequently arise. These disputes hinder the objectives of Islamic law as outlined in maqāṣid al-syarīʿah, emphasizing the need for preventive efforts. This study aims to analyze inheritance conflict prevention in Bone Regency through gender-equitable deliberation by examining conflict resolution methods, causes of disputes, women’s inheritance rights, and conflict prevention strategies from the perspective of maqāṣid al-syarīʿah. This empirical research was conducted in Bone Regency using a theological-normative approach based on maqāṣid al-syarīʿah. Primary data were collected through interviews with academics, judges, and government officials, while secondary data were obtained from relevant literature and analyzed qualitatively. The findings reveal that inheritance disputes can be resolved through court litigation or non-litigation pathways involving local authorities. Key causes of conflicts include heirs’ greed, limited understanding of inheritance laws, lack of property transfer documentation, unfair distribution, and delays in inheritance division. Women's inheritance rights in Bone's customary law are preserved through deliberation during the distribution process. To prevent inheritance disputes, measures such as public education on inheritance law, facilitated consultations involving local authorities, and proper documentation of property transfers are recommended. These initiatives align with the values of maqāṣid al-syarīʿah, which prioritize the preservation of religion, life, intellect, property, and lineage. The government and relevant stakeholders are expected to play an active role in guiding and educating communities to ensure effective inheritance distribution and prevent conflicts.
The Possibility of Social Conflict in the Momentum of General Elections in the Sociological Perspective of Islamic Law Misbahuddin, Misbahuddin; Tarmizi, Tarmizi; Rahman R., Abd.; Sapa, Nasrullah Bin; Rahmawati, Rahmawati
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): 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.v9i1.22665

Abstract

The general election contest that is being held is very prone to causing conflict in society. This research aims to identify forms of social conflict, factors that cause social conflict, and the sociological perspective of Islamic law on the vulnerability of social conflict in general elections. So far, social conflict studies in general elections have mostly been studied from a social and norm perspective, but this research tries to look at the vulnerability of social conflict during general elections from the sociological perspective of Islamic law. This research is qualitative research using data obtained from online news. This research found that social conflict during general elections can take the form of arguments or debates and physical conflicts. There are at least three causes of social conflict, namely polarization or negative campaigns, selective fanaticism, and allegations of fraud. Preventing social conflict needs to be carried out using a sociological approach to Islamic law by upholding human rights, being moderate towards differences maintaining the value of balance, and being gentle. This research concludes that the sociological conception of Islamic law can be a solution to resolving social conflicts by prioritizing Islamic values. Therefore, the author suggests the need for government attention to avoid social conflict in general elections. Apart from that, support from religious figures and ulama is needed through counseling and issuing fatwas regarding the prohibition of social conflict in general elections because social conflict can damage relationships and values in society.
Co-Authors A. Arfyan Pratama Abubakar, Achmad Alwi Jaya Alwi Jaya Amir, Irfan Andi Hartawati Ansar, Lukman Arisyanti, Arisyanti Asia Paranrangi Asni Asni asni zubair Asni Zubair Budi Firamulia, Muhammad Tryas Dewi Mulfiyanti Elvi Susanti Syam Febrian, Rifki Gustika Sandra Halimah Basri Hamzah Hamzah Hamzah Hasan, Hamzah Hasmiyati, Hasmiyati HL, Rahmatiah Imran, Muh. Fadhil Abdillah Jumra Kasjim Salenda, Kasjim Kurniati Kurniati Ma’adul Yaqien Makkarateng Misbahuddin Misbahuddin Muh. Bakri Muhammad Fazlurrahman Syarif Mukhawas Rasyid Mustafa Rahma Amir, Rahma Rahman R., Abd. Rahmawati, Rahmawati Rasyid, Mukhawas Ridwan, Muh. Saleh Rif’ah, Muh. Azka Fazaka Rika Damayanti Sakti Yadi Sapa, Nasrullah Bin Sari, Dewi Arnita Satriadi Sultan Hasanuddin Sumarni Suriyati Suriyati Syamsuddin, Darussalam Zulfadli Zulfadli