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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam ISTIQRA: JURNAL HASIL PENELITIAN
Mera, Nasaruddin
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Child Custody Rights for Mothers of Different Religions: Maqāṣid al-Sharī'ah Perspective on Islamic Family Law in Indonesia Mera, Nasaruddin; Marzuki, Marzuki; Taufan B., M.; Sapruddin, Sapruddin; Cahyani, Andi Intan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): 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.v8i3.23809

Abstract

Marriage is a physical and mental bond between a man and a woman. It is hoped that it will give birth to a harmonious and happy family, including having offspring who will then care for them well. In reality, couples from different religions who later divorce and have children become a problem, because custody becomes a struggle between the father and mother. This research discusses the child custody rights of an apostate mother as happened in the Parigi religious court decision case, Central Sulawesi. This study uses empirical legal methods with a maqāṣid al-sharī'ah approach. The data collection techniques used were interviews and document study. The informants interviewed were judges, academics and ulama. The documents analyzed were religious court decisions, journal articles, legal rules and books related to the discussion. The results of the research show that in deciding cases, the panel of judges set aside the written law which was used as a reference, and the compilation of Islamic law in order to fulfill the principle of benefit from fulfilling legal objectives. There are several reasons for the judge to overrule these two laws: the interests of the child, social aspects, the principle of benefit (mashlahat) for all. In the end, the judge's decision within the framework of maqāṣid al-sharī'ahanalysis has implications for the maintenance of the soul, eyesight, and the maintenance of offspring, as well as the maintenance of religion.
GAME ONLINE DI KECAMATAN BAJENG KABUPATEN GOWA H, Mursalim; Kasjim Salenda; Hamza Hasan; Mera, Nasaruddin
ISTIQRA: Jurnal Hasil Penelitian Vol. 11 No. 2 (2023): Juli - Desember 2023
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LP2M) UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ist.v11i2.1849

Abstract

The development of the industrial world is in line with technological developments which present an online game application that can be downloaded and installed easily on a smartphone or Android mobile phone to be played, online game application in question is Higgs domino island. To enjoy the game, players are required to have chips or money. Meanwhile, the chips or money that players have are not guaranteed to increase or decrease when playing the game. Because luck is the only chance in the game. So the practice of playing Higgs domino island is very similar to gambling games in general. Therefore, this study aims to find out and explain the review of Islamic criminal law on the highs domino island game. researchers used qualitative methods. Data collection in the study began with documentation, observation, and interviews from the data that had been collected by the researcher then analyzed it using triangulation techniques resulting in the conclusion that the online game Higgs Domino Islam in the review of Islamic criminal law contains elements of maysir, while for formal elements or pillars of syar' I gambling offenses can be seen in the Al-Qur'an Surah Al-Maidah verses 90 to 91. From this explanation, it is hoped that elements of the police and government will be involved . community leaders, religious leaders, and youth leaders can work together to make people aware in Bajeng District, Gowa Regency that the Higgs domino island game has similarities with the elements of the crime of gambling
Co-Authors andi intan cahyani, andi intan H, Mursalim Hamza Hasan Kasjim Salenda Marzuki Marzuki Sapruddin Sapruddin Taufan B., M.