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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Bustanul Arifin, Nursyirwan
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Shifting Meaning of Istiṭa‘ah in Performing Hajj for the Bone People in the Perspective of Islamic Law Bustanul Arifin, Nursyirwan; Keri, Ismail; Said, Ali; Kiramang, Khaeruddin; Khaironi, Ghazanul Fikri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): 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.v7i3.15436

Abstract

The community’s understanding of istiṭa’ah (ability) has shifted and narrowed in meaning towards the economic aspect. This study aims to describe the concept of istiṭa’ah as understood by the people of Bone, South Sulawesi, the factors that cause the narrowing of the meaning of istiṭa’ah, and the economic contents that influence the meaning of istiṭa’ah. This study used a qualitative method using the lughawi approach and Islamic law as an analytical tool. Data were collected by means of in-depth interview and literature review. This study found that the people of Bone have interpreted istiṭa’ah as physical, economic, and security capabilities while in the Holy Land. The shift in the meaning of istiṭa’ah narrowly has referred only to economic ability, as influenced by the high costs, the long waiting lists, and a large number of transfers of regular hajj to hajj handled by private travel agents. The shift in the meaning of istiṭa’ah towards the economic ability is due to no other indicator other than the economy that makes any constraints or limitations can be overcome through paid services of other people. Those who have economic ability will get more VIP facilities than those who do not. In terms of lughawi meaning, istiṭa’ah should be understood broadly, not merely physical, non-physical nor economic factors. In Islamic law, the waiting list and security factors can become illat (cause) of a person to be able (istiṭa’ah) to perform Hajj.
The Legal Position of Children of Incest (A Study of Madhhab Scholars and Compilation of Islamic Law) Djawas, Mursyid; Achyar, Gamal; Bustanul Arifin, Nursyirwan; Reza, Masri; Umar Yakub, Baharuddin
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.v6i1.11904

Abstract

This study aims to discuss the legal position of children of incest, the opinions of madhhab scholars, and the provisions on inheritance rights of children of incest according to Islamic law. This normative legal study used the Islamic law methodological approach (ushul fiqh) and the legislation/ statute approach. The data were obtained through a literature review of the laws or legal rules. The results of the study revealed that the legal position of children of incest in Islamic law is in terms of civil matters (i.e., lineage/blood relations) between the children and the parents. The children only establish lineage ties with their mothers and their maternal families. Further, the madhhab scholars Imam Malik and Imam Shafi’i argue that adultery does not produce legal descendants, and therefore, the children are not related to the male adulterer but to the female, as they are born from an illegitimate relationship. In addition, Imam Hanafi and Imam Hanbali state that it is forbidden for a man to marry the daughter born of his adultery, as she is equal to his legitimate daughter. This is the view of the majority of madhhab scholars. In the case of the inheritance rights of children of incest, the children can only get an inheritance from their mothers and the maternal families, apart from the lineage, guardianship, inheritance, and livelihood rights. However, al-Jaziri, a contemporary scholar, views that children of incest are still legitimate children whose lineage and inheritance are still related to both father and mother.
Nationalism, Media, and Arabic Language Instruction: Cultivating Patriotism at Islamic Universities in South Sulawesi Bustanul Arifin, Nursyirwan; Shadriyah, Shadriyah; Mulyana, Elma
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): 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: 10.22373/80wc6496

Abstract

Nationalism constitutes a critical value that must be nurtured among university students, particularly in the face of growing threats to national integration. It can be effectively internalized through educational institutions at all levels, from primary schooling to higher education. This study aims to develop instructional media and pedagogical methods grounded in digital technology, specifically Google Translate as an innovative approach to fostering national global literacy. Rather than functioning as a passive translation tool, Google Translate is integrated into a structured instructional framework designed to enhance students' Arabic language proficiency and national global literacy. The study employs a Research and Development (R&D) design with a quantitative approach, and data were analyzed using canonical correlation analysis to measure the relationship between independent and dependent variables, both simultaneously and partially. The initial hypothesis posited that the use of these instructional media and methods would significantly improve students' Arabic language proficiency and national global literacy, both simultaneously and partially. The findings indicate that, when examined simultaneously, the development of Google Translate-based instructional media and methods exerts a significant combined influence on Arabic language proficiency and national global literacy. However, at the partial level, only the development of Google Translate-based instructional methods demonstrated a significant effect on national global literacy, while the other variables did not yield statistically significant results. These findings suggest that the adoption of this instructional methodology contributes to an enhancement of students' national global literacy, which in turn reinforces their sense of nationalism and patriotism. 
Co-Authors Gamal Achyar Keri, Ismail Khaironi, Ghazanul Fikri Kiramang, Khaeruddin Mulyana, Elma Mursyid Djawas Reza, Masri Said, Ali Shadriyah, Shadriyah Umar Yakub, Baharuddin