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Pelaksanaan Akad Nikah Secara Virtual pada Masa Pandemi: Analisis Empat Mazhab Arif, Alfiani; Talli, Abdul Halim; Ramli, Arif Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 2, MAY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23375

Abstract

This article discusses the law of carrying out online marriage during the pandemic (analysis of four schools of thought). In answering these problems and analyzing qualitative data, the author uses a normative juridical approach. This research is classified as library research, this type of research is to analyze the content (content analysis) that is in accordance with the problems discussed, then review and conclude it. Researchers found: online marriage is a form of marriage in which the consent transaction is carried out through circumstances or activities that are connected to a network or internet system (via online), between the prospective groom and the bride, the guardian and the witness are not in one place but in the same place. displayed is only a form of visualization from both parties through the help of electronic tools (online media). The implementation of online marriage in Indonesia according to the law and analysis of the four schools of thought is allowed on the condition that its implementation must be in accordance with the pillars and conditions of marriage in general and under certain (urgent) circumstances.
Model Pengawasan Lembaga Pengumpul Dana Sosial pada Yayasan Dompet Dhuafa: Perspektif Hukum Positif dan Mazhab al-Syafi’i Majid, Afirah; Mustafa, Zulhasari; Ramli, Arif Rahman; Lukman, Atriani
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.v5i1.39913

Abstract

Dompet dhuafa as a fund collector who has obtained an operational license from the Social Welfare Institute needs to be monitored so that misappropriation does not occur. The main point of this study is the analysis of the supervision model in the social fund collection institution dompet dhuafa in the perspective of positive law and Imam Shafi'i. The purpose of this study is to find out how the supervision of social fund collectors of poor wallets in the perspective of positive law and Imam Shafi'i. This type of research uses qualitative methods. Data is the result of interviews sourced from Dompet Dhuafa employees. The analysis technique used is positive legal analysis by examining library materials, namely regulations and literature related to the problem under study, and Shafi'i School analysis related to the implementation of supervision based on Islamic law, both from the Qur'an, al-Hadith, the rules of Usul Fiqh and the opinions of scholars. The results showed that Dompet Dhuafa Makassar has four supervisory systems, the first of which is the Sharia Advisory Board which is tasked with determining the policies to be carried out by the institution, then an internal audit from the head office of Dompet Dhuafa, an external audit from a Public Accounting Firm, and an Audit of the Ministry of Religion and BAZNAS where the three supervisions examine the financial statements of the institution. In the analysis of the Shafi'i school the context of supervision in institutions as well as ar-riqobah is an obligation that must be resolved continuously, because supervision is to examine the way of making plans in an institution to avoid failure.
Standarisasi Pernikahan Bagi Perempuan Suku Ammatoa di Kabupaten Bulukumba: Analisis Mazhab Fikih dan Hukum Adat Sutriani, Sutriani; Ramli, Arif Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.40265

Abstract

This study aims to analyze the comparison between the Shafi’I school and customary marriage law for women of the Kajang tribe (Ammatoa). So the objectives to be achieved in this study are: 1) to find out the form of standardization of marriage for women of the Kajang tribe (Ammatoa). 2) to find out the views between customary law and the Shafi’i school of thought regarding standardization of marriage for women of the Kajang tribe (Ammatoa). This research is classifield as a type of qualitative research and uses a shari’I, social and anthropological research approach. Types and sources of data in this study are primary data and secondary data with data collection methods used namely interviews, observasion, documentation and literature study. The results of this study indicate that there is pluralism in marriage law for the Kajang people, namely customary law, islamic law (shafi’I school) and positive law. However, what is interesting is that they prioritize customary law in their marriage procession after customary law has been implemented, then it fulfills the requirements as islamic law and positive law regulate regarding marriage. Then in the customary law that applies there is a prohibition on marrying other tribes, this is a must for every Kajang tribal community (Ilalang Emboya), for those who violate it will be subject to customary sanctions, namely they can be expelled from the customary area of the Kajang tribe area (Ammatoa).
REVIEW OF TASYRĪ' PHILOSOPHY ON QABŪL REPRESENTATION IN MARRIAGE IN PALLANGGA DISTRICT, GOWA REGENCY Idrus, Achmad Musyahid; Mukarromah, Nurul Faatikhatul; Ramli, Arif Rahman; Nurdin, Roswati; Abdul Qayyum, Abdul Rahman Hi
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.40082

Abstract

This study aims to analyze and explore the philosophical aspects of the concept of Tasyri' in the context of Kabul representation in marriage, especially in Pallangga District, Gowa Regency. Tasyri' is an approach to Islamic law that covers various aspects of life, including marriage law. Kabul representation, as the guiding principle of marital property, has its roots in the philosophical views underlying Islamic law. This research uses a qualitative approach with textual analysis methods to explore a deep understanding of Tasyri's philosophical views regarding Kabul representation. The data was collected through in-depth interviews with religious leaders, Islamic jurists, and communities in Pallangga sub-district. In addition, primary sources such as Islamic law books and related literature are also used as references to support the analysis. The results showed that Kabul's representation in marriage had a deep philosophical basis in Tashri's view. This principle reflects aspects of equality, justice, and responsibility in the marital relationship. This philosophical view provides the foundation for the application of marriage law that accommodates individual and family interests in a balanced manner. In the context of Pallangga sub-district, Kabul representation still has relevance and is applied in marriage practice. However, there are also social and cultural dynamics that influence the interpretation and implementation of this principle. The study concludes that understanding Tasyri's philosophical views on Kabul representation can provide deeper insight into the cultural roots and values that shape the practice of marriage law in the society
Analisis Maslahah Mudharat dalam Pemanfaatan Konten Promosi pada Program TikTok Affiliate di Media Sosial Andiana, Della; Ramli, Arif Rahman; Al Mubarak, Muhammad Habibie
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48681

Abstract

This study discusses the analysis of maslahah mudharat in the use of promotional content in the TikTok Affiliate program on social media. The TikTok Affiliate program is gaining popularity among users to generate revenue through promotional content. However, in its implementation, there are various challenges such as lack of understanding in data management, ethics in creating promotional content, misuse of other people's videos, and lack of security protection for TikTok Shop users who make content at risk of being misused by irresponsible parties, including fraudsters. The method used is library research with a normative theological approach through literature analysis related to the use of promotional content in the TikTok Affiliate program, as well as academic sources and journals. The data sources used consist of primary data and secondary data. The results of the study show that the use of promotional content in the TikTok Affiliate program can improve content creation skills, creativity, and critical thinking skills in producing effective content. From the perspective of maslahah, the promoted product must meet halal criteria and not contain haram elements. However, in terms of mudharat, there is often a discrepancy between the goods promoted and the goods delivered, which creates the potential for fraud against consumers. This research provides a deeper understanding of how promotional content can be utilized within the framework of maslahah mudharat. Collaboration between users in the creation of effective promotional content can help expand reach and increase audience engagement. In addition, it is important for users to create content that is interesting and relevant to the target market, in order to achieve the desired commission.
Reflections of Contemporary Islamic Law to The Spirit Doll Phenomenon; A Sadd Al-Żarī'ah Perspective Bakry, Muammar; Ilham, M.; Musyahid, Achmad; Mundzir, Chaerul; Ramli, Arif Rahman
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): 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.v6i1.12974

Abstract

People are restless in the wake of the growing popularity of spirit dolls in recent years. Contemporary Islamic legal clarity is required when determining whether the spirit doll phenomenon is true or false. The purpose of this article is to respond to a study of contemporary Islamic law concerning the spirit doll phenomenon that has alarmed the public. This is a qualitative study that takes a socio-normative approach. Sadd al-żarī'ah is used as a method for tracking (istinbat) Islamic law. The study's findings revealed that people caring for spirit dolls were motivated by a lack of faith and knowledge, dynamism and animism, as well as hedonism. According to Islamic law's teachings, the spirit doll phenomenon is forbidden and must be abandoned. Ulama gathered in South Sulawesi Province's Indonesian Ulema Council (MUI) and agreed to prohibit this phenomenon. The implication is that the spirit doll is manifested in every person whose physical body has a shadow or is physically shaped like a human or animal statue. It is, however, prohibited or permitted for girls' toys only. It is hoped that Muslims will avoid practices that could jeopardize religious values by abstaining from the use of spirit puppets.
Perceraian Akibat Tindakan KDRT Di Pengadilan Agama Kendari Kelas 1A (Perspektif Maqashid Syariah): indonesia Ramli, Arif Rahman; Bolo, Gatra Mahe; Saputra, Nafar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.50736

Abstract

This research examined the phenomenon of divorce due to domestic violence (DV) handled at the Religious Court of Kendari Class 1A, focusing on the analysis of causal factors, the basis for legal considerations by judges, and the relevance of the maqashid al-syariah approach in resolving the cases. This study employed a qualitative approach with a case study method. The primary data were obtained from observation, interviews with judges and related parties, and analysis of case documents. Meanwhile, the secondary data were collected through a literature review of books, journals, and laws and regulations. The purpose of this research was to provide a comprehensive understanding of the legal dynamics of divorce due to domestic violence (DV) and to explore the role of Shari'a values in decision-making. The results indicated that in the past four years, 2,466 divorce cases have been decided by the Religious Court of Kendari, 190 of which involved DV. Factors contributing to domestic violence (DV) included economic pressure, infidelity, deviant behavior, and poor communication within the household. In deciding cases, judges referred to Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, Supreme Court instruments, and norms of fiqh and customary law. The maqashid al-shariah approach prioritized the principles of hifz al-nafs (protection of the soul) and hifz al-'ird (protection of honor), thus viewing divorce as an effort to save individuals from physical and psychological violence that could damage human dignity. This research demonstrates the importance of educating the public about the dangers of domestic violence, firm law enforcement against perpetrators, and preventive and rehabilitative programs for victims. The synergy between positive law and the values of maqashid al-shariah provides a strategic approach to realizing justice and well-being in resolving family disputes.
Public Response to MUI Fatwa No. 83 of 2023: Social Implications in Makassar, South Sulawesi Hawalay, Humaerah; Ramli, Arif Rahman; Handayani, Dwi
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 1 (2024): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v3i1.29

Abstract

This study examines public responses to MUI Fatwa No. 83 of 2023, which prohibits transactions with Israeli-affiliated products and emphasizes support for Palestine. The research aims to bridge the knowledge gap regarding how communities understand and implement the fatwa, while also exploring its potential social and political consequences. A qualitative methodology was employed, utilizing observation, interviews, and documentation as data collection techniques. The data sources include primary and secondary materials relevant to the fatwa and its community impact. The findings reveal that the community in Manggala Sub-district understands and accepts the fatwa’s principles. They view it as an essential step in showing solidarity with Palestine, often expressing support through joint prayers, fundraisers, and adherence to the prohibition of Israeli products. Practical implementations of the fatwa, such as organized charity activities, demonstrate a significant level of community engagement.  This research is original in its focus on a localized response to MUI Fatwa No. 83 of 2023, contributing to a broader understanding of the social dynamics surrounding Islamic legal directives. The implications highlight the need for enhanced and sustainable education programs to socialize fatwas effectively. Local governments and the MUI should collaborate to provide direct counseling, community leader training, and support mechanisms for traders to adapt without economic disruption. By addressing these aspects, the study underscores the importance of aligning religious directives with practical societal needs.