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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam NALAR FIQH: Jurnal Hukum Islam
Sulhani Sulhani
Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Hukum Islam terhadap Pembagian Harta Warisan di Desa Lolo Hilir Kecamatan Bukit Kerman Kapubaten Kerinci Riko Pirman; Robi'atul Adawiyah; Sulhani Sulhani; Rasito Rasito; Tri Endah Karya Lestiyani
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1271

Abstract

This study aims to reveal a review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village, Bukit Kerman District, Kerinci Regency. This study uses a qualitative approach with data collection methods through observation, interviews, and documentation. Based on the research conducted, the results and conclusions are obtained that the review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village is allowed for reasons that are justified by Islam and sharia, where women's morality is more responsible for their families. Therefore, the distribution of inheritance in Lolo Hilir Village is given the right to use for women, the inheritance can only be used and cannot be sold and property rights. Men cannot use it, but when the inheritance is sold, the man gets a share according to the agreement, but it is possible for the man to use the inheritance according to the agreement. In Islam, inheritance law is obligatory and the distribution has been regulated, but it can change due to certain circumstances and reasons. Over time, many women in Lolo Hilir Village have been able to work, so there are often conflicts over the distribution of this inheritance, but there has been a bright spot, the inheritance is distributed evenly, but if it is implemented something is not possible, then it is resolved by adat to uphold the welfare and justice of the people of Lolo Hilir Village.
Paradigmatic Transformation of The Qiwamah Interpretation: A Contextual Reading of QS. Al-Nisa' (4):34 and Its Implications for The Reform of Indonesian Islamic Family Law Muhammad Sibawaihi; Sulhani Sulhani; Rusli Abdul Roni; Dedi Sumanto; Mustiah Mustiah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31475

Abstract

Gender-based domestic violence remains a serious issue in Indonesia. In this context, QS al-Nisa' (4):34 is still often used as a normative basis for placing men in a dominant position within the family. Previous studies have largely focused on textual and hermeneutic reinterpretations of this verse, while research examining the positivization of qiwamah in Indonesian Islamic family law remains limited. This article traces the evolution of the concept of qiwamah from classical exegesis to the Marriage Law and the Compilation of Islamic Law, and then examines it in light of developments in Indonesian positive law. This study employs a normative-doctrinal method with conceptual, historical, and legislative approaches. Primary legal sources include classical and modern exegeses, Law No. 1 of 1974, the Compilation of Islamic Law, Law No. 23 of 2004, Law No. 12 of 2022, and Supreme Court Regulation No. 3 of 2017. The analysis employs Abdullah Saeed's contextual approach by positioning qiwamah as a legal postulate. The research findings indicate that qawwamun constitutes an implementational value rather than a mandatory one, arising from specific socioeconomic contexts to meet the needs of and protect economically dependent family members. The study also identifies an imbalance in the regulation of nushuz in Article 84 of the Compilation of Islamic Law, as well as tensions between several of these provisions and developments in positive law. This article offers a framework for contextual verification and a roadmap for gradual reformulation through both textual amendments and judicial interpretation.
Tinjauan Hukum Islam terhadap Pembagian Harta Warisan di Desa Lolo Hilir Kecamatan Bukit Kerman Kapubaten Kerinci Riko Pirman; Robi'atul Adawiyah; Sulhani Sulhani; Rasito Rasito; Tri Endah Karya Lestiyani
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1271

Abstract

This study aims to reveal a review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village, Bukit Kerman District, Kerinci Regency. This study uses a qualitative approach with data collection methods through observation, interviews, and documentation. Based on the research conducted, the results and conclusions are obtained that the review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village is allowed for reasons that are justified by Islam and sharia, where women's morality is more responsible for their families. Therefore, the distribution of inheritance in Lolo Hilir Village is given the right to use for women, the inheritance can only be used and cannot be sold and property rights. Men cannot use it, but when the inheritance is sold, the man gets a share according to the agreement, but it is possible for the man to use the inheritance according to the agreement. In Islam, inheritance law is obligatory and the distribution has been regulated, but it can change due to certain circumstances and reasons. Over time, many women in Lolo Hilir Village have been able to work, so there are often conflicts over the distribution of this inheritance, but there has been a bright spot, the inheritance is distributed evenly, but if it is implemented something is not possible, then it is resolved by adat to uphold the welfare and justice of the people of Lolo Hilir Village.
Co-Authors Dedi Sumanto Muhammad Sibawaihi Mustiah Mustiah Rasito Rasito Riko Pirman Robi'atul Adawiyah Rusli Abdul Roni Tri Endah Karya Lestiyani