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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Baharuddin, Elviana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Non-Binary Gender in Siyasah Syar'iyah Perspective: Study at Religious Universities in South Sulawesi Arake, Lukman; Makkarateng, Ma'adul Yaqien; Abidin, Kurniati; Baharuddin, Elviana; Yusuf, Muhammad
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.v7i3.20152

Abstract

Non-binary gender is a legally recognized phenomenon that is present within global civilization, including the nation of Indonesia. The primary objective of this article is to analyze the concept of non-binary individuals within the context of religious universities, specifically from the standpoint of siyasah syar'iyah. This study employs a combination of qualitative and quantitative research methods, adopting a siyasah syar'iyah framework. Data was acquired utilizing two methods, including in-depth interviews, literature reviews, and surveys. The research study involved conducting interviews with informants who were specifically selected from the academic and religious communities in South Sulawesi. The literature under consideration comprises scholarly journal articles, books, and legal rules. Concurrently, a survey research study was undertaken at five Religious Universities located in the region of South Sulawesi. This study posits that under the framework of gender, non-binary is identified as a distinct category alongside men and women. Nevertheless, the Islamic law refutes the notion of gender and sexuality diversity, asserting that it contradicts sharia law, deviates from the inherent character of humanity, and raises legal issues such as inheritance and marriage. In addition to promoting non-discriminatory attitudes towards individuals, Islamic law also emphasizes the need of satisfying the rights of Non-Binary Gender individuals, provided that such fulfillment does not impede the realization of other human rights. According to siyasah syar'iyah, it is the responsibility of the state, as mandated by legislative rules, to ensure the provision of protection, guidance, and counseling to individuals, with the aim of fostering a life that promotes virtue and harmony within society.
Mappatammaq Mangaji in Mandar, West Sulawesi: Childrearing Patterns Based on the Qur'an in the Anthropological Perspective of Islamic Law Nurdin, Abidin; Baharuddin, Elviana; Sumardi, Dedy; L, Idrus; Mutiawati, Ida
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.25338

Abstract

This study aims to discuss the Mappammaq Mangaji tradition in Mandar, West Sulawesi in relation to al-Quran-based child rearing patterns from an Islamic legal anthropological perspective. Mappatammaq mangaji is a tradition carried out by the community when someone is able to read the Koran fluently. This study is an empirical legal study with an anthropological approach to Islamic law as an analytical tool. Data was collected based on in-depth interviews and literature studies. This study concludes that the mappatamaq mangaji tradition carried out by the Mandar community in West Sulawesi is an acculturation of Islamic teachings and cultural values. Mappatammaq mangaji, including sayyeang pattuqduq (dancing horse), kalindaqdaq(Mandar poetry) and mabbaranji. When viewed from a legal anthropology perspective, the mappammaq mangaji tradition in Mandar society is an integration and acculturation between Islamic law and local traditions. This local tradition has become a living law and continues to be practiced in the culture of the Mandar people. So it can be said that if Islamic law is practiced in society and has become a culture, it will continue to survive today and in the future, because Islamic law has a cultural space. If it is related to the objectives of Islamic law, especially benefit, then this provides benefits, especially in the context of child rearing patterns based on the Qur’an, so that children receive care and education from parents and families based on the values of the Qur’an. 
Co-Authors Abidin Nurdin Dedy Sumardi Kurniati Abidin, Kurniati L, IDRUS Lukman Arake Ma’adul Yaqien Makkarateng Muhammad Yusuf Mutiawati, Ida