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All Journal Justness : Jurnal Hukum Politik dan Agama Qonun Jurnal Hukum Islam dan Perundang-Undangan Indonesian Journal of Shariah and Justice Social Sciences and Humanities Reviews
Ahmad Arief
Universitas Islam Negeri Datokarama Palu
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Provision of Contraceptive Devices for School-Aged Children and Adolescents: a Comparison of Maqasid Al-Syariah and Positive Law Andi Muh. Taqiyuddin BN; Nursarah A. Conoras; Ahmad Arief; Suprijati Sarib; Muhammad Muhammad
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v9i2.11024

Abstract

This study aims to examine the criticism of Maqashid al-Syariah and Positive Law against Article 103 paragraph 4 of Government Regulation No. 28 of 2024. This is a qualitative study. The research design is a literature review. The findings of this study indicate that the regulation on the provision of contraceptives for school-age children and adolescents without clearly specifying the qualifications of recipients is only applicable to those who are married. This is considered contrary to the Child Protection Law and Maqasid al-Syariah. Furthermore, the regulation on the provision of contraceptives for school-age children and adolescents is inconsistent with Article 534 of the Criminal Code, which promotes contraceptives, and Article 408 of Law No. 1 of 2023, which prohibits the promotion of contraceptives to children, with the threat of a criminal fine.
AL-TA'ASSUF IN GOVERNMENT REGULATION NO. 45 OF 1990 ARTICLE 4 PARAGRAPH 2 Novita Anggraeni; Ahmad Arief; Andi Muh. Taqiyuddin BN; Abu Sahman Nasim; Muh. Bambang Taufik
Indonesian Journal of Shariah and Justice Vol. 5 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i2.197

Abstract

The purpose of this research is to reveal the indicators of al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2 and legal solutions to al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2. This research is qualitative research, the type of research is library research. The data collection method used is literature study, with normative theological, juridical, and sociological approaches. The results showed that;1) The two indicators of al-ta'assuf in the use of rights have been used to analyze Government Regulation No. 45 of 1990 Article 4 paragraph 2. In accordance with the analysis of al-ta'assuf, Government Regulation No. 45 of 1990 Article 4 paragraph 2, should not conclude its provisions by prohibiting civil servant women as polygynous wives absolutely. Because the absolute prohibition will always be understood in any condition and however, without any conditions. 2) The legal solution to al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2, namely the government as the competent authority in establishing regulations, should pay attention to the greater good by considering the rights of civil servant women and children who are born later.
Konsistensi Realitas Sosial dalam Tradisi Uang Panai di Sulawesi Selatan Berdasarkan Fatwa MUI No. 02 Tahun 2022 tentang Uang Panai Terkait dengan Sila Kelima Pancasila dan Maqasid Al-Syari'ah Muhammad; Trisnawati; Andi Muh. Taqiyuddin BN; Samsidar Jamaluddin; Ahmad Arief
JUSTNESS - Jurnal Hukun Politik dan Agama Vol 5 No 2 (2025): September 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i2.99

Abstract

This study aims to examine the consistency of social reality in the tradition of Uang Panai’ in the South Sulawesi MUI Fatwa Number 02 of 2022 concerning Uang Panai’ with the fifth principle of Pancasila and Maqasid al-Syari’ah. This study is a qualitative research. The research design is a literature review. The results of the study indicate that; first, the concept of Uang Panai’ was originally intended to honour the bride’s family. Uang Panai’ among the Bugis people is used as wedding celebration money or commonly referred to as shopping money, with the purpose of expressing the groom’s respect for the bride. Second, based on the social reality of the Uang Panaik tradition as stated in the MUI South Sulawesi Fatwa No. 02 of 2022 on Uang Panaik, it can be concluded that this social reality is inconsistent with the fifth principle of Pancasila and the Maqasid al-Syariah. Although the initial purpose of the dowry tradition, which is to honour the bride and meet financial needs in the marriage ceremony, is considered consistent with the fifth principle of Pancasila and Maqasid al-Syari’ah.
The Transformation of the Mogigi Tradition in Kaili Marriage: Negotiating Custom and Islamic Law Irma Nur Rahmy; Muhammad Taufan Badollahi; Ahmad Arief
Social Sciences and Humanities Reviews Vol. 2 No. 3 (2026): Social Sciences and Humanities Reviews
Publisher : CV. DYOQU PUBLISHING MANAGEMENT

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/sshr.v2i3.262

Abstract

Background: The Mogigi tradition is part of the Kaili traditional wedding tradition, which involves trimming the fine hairs, particularly around the eyebrows of the bride and groom. This practice is interesting to study because it intersects local traditions and Islamic norms regarding eyebrow shaving. Aims: This study aims to analyze the implementation of the Mogigi tradition and explain the adaptation process between Kaili culture and Islamic law through the perspective of Islamic legal anthropology. Methods: This research employed a qualitative approach with an empirical legal research design and an Islamic legal anthropology approach. Data were obtained through observation, interviews with traditional leaders, religious figures, traditional practitioners, and the Kaili community, and documentation. Data were analyzed descriptively and analytically, and their validity was strengthened through triangulation. Result: Research shows that Mogigi has symbolic meaning as a form of self-purification and preparation for the bride and groom to enter a new life. This tradition has undergone a taghyir (adaptive-reconstructive) process, evident in changes in shaving techniques, orientation of intentions toward Allah SWT, and the use of Islamic readings during the ceremony. Conclusion: Mogigi shows that Islamic customs and laws can interact through a process of adaptation and reconstruction of values ​​without eliminating the cultural identity of the Kaili people.
Co-Authors Abu Sahman Nasim Andi Muh. Taqiyuddin BN Irma Nur Rahmy Muh. Bambang Taufik Muhammad Muhammad Muhammad Muhammad Taufan Badollahi Novita Anggraeni Nursarah A. Conoras Samsidar Jamaluddin Suprijati Sarib Trisnawati