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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Alauddin Law Development Journal (ALDEV) Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam
Kiljamilawati
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PERNIKAHAN DI BAWAH UMUR DI KALANGAN MASYARAKAT MUSLIM SUKU BAJO Zulkifly; Kurniati; Kiljamilawati
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i3.37513

Abstract

This study discusses underage marriage among the Bajo Tribe Muslim Community (Case Study in Alok Barat District, Sikka Regency, Flores, East Nusa Tenggara). Therefore, the author finally explored how the views of the community and the impact of underage marriage among the Bajo Tribe Muslim Community in Alok Barat District, Sikka Regency, Flores, East Nusa Tenggara. The type of research used is field research, in which the main source of this research is data in the field such as the results of observations and interviews. The results of this study reveal that underage marriages are still rife in the Bajo Tribe, Alok Barat District, Sikka Flores Regency, East Nusa Tenggara due to a lack of understanding of the legal age limit for marriage. Social, educational, and economic factors also influence someone to enter into underage marriages. The positive impact of underage marriage is to prevent adultery which is prohibited by Allah SWT, but there are also negative impacts such as the risk of death for mothers and babies during childbirth, disharmony in marriage and divorce, and the invalidity of the law if there is no dispensation for marriage from the religious court.
PANDANGAN HUKUM ISLAM DAN HUKUM ADAT TERHADAP TRADISI MAPPADENDANG PADA MASYARAKAT SUKU BUGIS Jumria; Kiljamilawati; Jamil, Muh. Jamal
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.46935

Abstract

This study examines the perspectives of Islamic law and customary law on the Mappadendang tradition in the Bugis community of Lasiwala Village, Pitu Riawa District, Sidrap Regency. The research focuses on community views of the tradition and an analysis of its implementation from an Islamic legal perspective. Field research was conducted using sharia and sociological approaches. Primary data were collected through interviews with key informants, while secondary data were obtained from literature and online sources. The findings indicate that most of the community perceives Mappadendang as a cultural obligation performed after the harvest, while a minority considers it unnecessary. From the perspective of Islamic law, the tradition is deemed permissible (mubah) as it aligns with sharia principles and falls under the category of urf. The tradition fosters social benefits, such as strengthening community bonds, without harming non-participants. This study recommends preserving the Mappadendang tradition, particularly by the younger generation, to ensure cultural continuity. Local governments are encouraged to support its preservation through educational programs and cultural promotion.
Pertimbangan Hakim dalam Menetapkan Nafkah terhadap Istri Pasca Perceraian Patimah; Kiljamilawati; Tegar, Israh Ramdana
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.43383

Abstract

Determination of the burden of income by the husband on the wife When a divorce occurs, it is the authority of the judge in determining the amount, and in practice it varies because there are no special rules governing in detail for the judge in determining the amount of income for the wife This article tries to explain the judge's considerations or interpretations in determining the amount of maintenance for a wife after divorce which is based on the decision of the Pangkajene Religious Court with case number: 248/Pdt.G/2023/PA.Pkj regarding how the judge then tries to protect women's rights. . This article will analyze the judge's decision which imposes an obligation on the husband to fulfill obligations to his wife in the form of payment of iddah living, madliyyah living, and mut'ah.
Implementation of The Supreme Court's Letter In Divorce Cases Due To Domestic Violence Within The Religious Court Kiljamilawati; Asni; Patimah; Mujahidin, Michra Ananda
Alauddin Law Development Journal (ALDEV) Vol 7 No 1 (2025): Human Rights and Global Perspectives on Humanitarian Law
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v7i1.52867

Abstract

This study determines the views of judges at the Sungguminasa Religious Court and the implementation of the Supreme Court Circular (SEMA) No. 3 of 2023 in divorce cases due to Domestic Violence (KDRT). The method used a multidisciplinary approach, namely the normative, legal, and sociological approaches. The results of the study indicate that the Sungguminasa Religious Court responded positively to the issuance of SEMA 3 of 2023 as part of a strategic step to minimize the number of divorce cases in Indonesia. Furthermore, the application several cases where the lawsuit or application was rejected based on considerations that did not meet the constraints of unclear specifications of the type of KDRT, evidence, and the existence of certain emergency conditions that hinder judges in implementing the SEMA.
TINJAUAN HUKUM ISLAM TERHADAP TRADISI MEURI’ BAGI WANITA HAMIL DI PAMBOANG MAJENE Baharuddin; Kiljamilawati; Nur Aisyah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i2.50604

Abstract

This study discusses the Meuri’ tradition, a hereditary custom practiced by the Mandar community in Pamboang District, Majene Regency, specifically performed by pregnant women. The main focus of this research is to examine the tradition from the perspective of Islamic law. The sub-issues explored include the origin of the Meuri’ tradition, its implementation process, and how Islamic law views this practice. The research employs a qualitative method with sociological and Sharia approaches. Primary data were obtained through interviews with traditional leaders and local community members, while secondary data came from government documents and relevant literature. The findings show that Meuri’ is part of a traditional seven-month pregnancy ritual of the Mandar people, believed to bring blessings to both mother and fetus. The tradition begins with an intention, followed by consultation with a sando (traditional birth attendant) to determine the appropriate time for the ceremony, along with preparations of necessary items. Islamic elements in the tradition are reflected through the recitation of barzanji, salawat (praises to the Prophet), and the use of basmalah (invocation) at the start. This tradition embodies positive social and spiritual values. The study is expected to enrich local cultural references and encourage communities to maintain social bonds and reinforce Islamic values within cultural practices.
Penemuan Hukum oleh Hakim Penetapan Nafkah pasca Perceraian di Pengadilan Agama Pangkajene Kiljamilawati; Sahratunnisa
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.48897

Abstract

Legal discovery made by judges in the judicial process can provide a humanist touch in their decisions. judges’ legal findings relating ti divorce cases in the Religious Courts, such as the rights of mut’ah, right of iddah, and rights of past living. The Pangkajene Religious Courts through the decision of the religious Court number 248/Pdt.G/PA.Pkj, based on this decision, the judges tried to make a breakthrough by determining maintenance for the wife such as determining mut’ah maintenance in the amount of 5 grams of gold with the consideration that mut’ah maintenance is a form of apprecitation fot the wife who has struggled and cared for a child who are 3 years old. Apart from that the judge also determined the mut’ah living at 8.000.000 (Eight Million Rupiahs), and the iddah living at 6.000.000 (Six Million Rupiahs) all of which ehwre based on the principle of the husband’s ability.
Co-Authors ASNI Baharuddin Jamil, Muh. Jamal Jumria Kurniati Mujahidin, Michra Ananda Nur Aisyah Patimah Sahratunnisa Tegar, Israh Ramdana Zulkifly