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Pembagian Waris Prioritas Perempuan Perspektif Maqasid Syariah dan Gender (Studi Pada Masyarakat Pendalungan Kabupaten Lumajang) Hilmy Luayyin, Reza; Hidayah, Ulil; Ardli, M. Nabat
Jurnal Ilmiah Ekonomi Islam Vol. 10 No. 3 (2024): JIEI : Vol.10, No.3, 2024
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v10i3.14663

Abstract

The focus of this research is on the problem of dividing the inheritance of the Pendalungan community with provisions for dividing sons and daughters that are different from the provi¬sions in Islamic Inheritance Law, where in Islam men and women receive a share of 2:1 while the tradition that occurs in the Pendalungan community is by prioritizing the share of inher¬itance in their daughters. This research method uses descriptive analysis by collecting data by random sampling in the Pendalungan community who have a livelihood from farming. Data analysis was carried out using the theory of justice and gender equality and the theory of mari¬tal law. The results shows that there was a tradition of an inheritance distribution system with women prioritizing based on the philosophy of the Pendalungan community that women should receive a higher priority scale in receiving inheritance distribution due to secondary differences that women are physically weaker in working on plantations than men. And the conclusions ob¬tained are 1) The distribution of inheritance by prioritizing women getting the most share is still being carried out by the people of Pendalungan Village. 2) Priority in women in the distribution of inheritance can be said to be good when viewed from the sociology side of Islamic law and the absence of social conflict even though it is very different with Islamic rules or Shari'a 3) The tradition of inheritance distribution by prioritizing women to get the most share is of course contrary to the concept of gender equality and justice because there is actually discrimination against men 4) Socio-historical and socio-cultural factors are more dominant than equality.
Analisis Permendikbud Ristek No 30 Tahun 2021 dan Konstruksi Sosial Kekerasan Seksual di Perguruan Tinggi Perspektif Sosiologis Adawiyah, Robiatul; Luayyin, Reza Hilmy; Ardli, M. Nabat
Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan Vol. 19 No. 3 (2021): Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan
Publisher : Lembaga Penelitian, Pengabdian kepada Masyarakat dan Publikasi Ilmiah (LP3M) Institut Agama Islam (IAI) Al-Qodiri Jember, Jawa Timur Indonesia bekerjasama dengan Kopertais Wilayah 4 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/qodiri.2022.19.3.781-796

Abstract

The policy of the Minister of Education and Culture which was recently issued in the form of The Minister of Education and Culture Regulation Number 30 of 2021 raised a lot of perception and even controversy among universities and the community itself. The policy related to the increasing rise of sexual violence in the realm of Universities which has a direct or indirect impact on the optimize of the University's Tridharma which is reduced as well as quality of Higher Education which has decreased. All of policies or regulations from the government both from the president and from its ranks from the ministry are of course based on consideration of various things. However, the problems of the pros and cons of society remain unavoidable. Cases of sexual harassment or violence in the community are increasing and more and more experienced even as if endless. In this case, to find a solution it is really necessary by the government that is right and structured and without no controvertion considering the heterogeneous Indonesian society. The authors want to know how the implementation of Permendikbud Policy Number 30 of 2021 and how to understand it from a sociological view. This library research obtained from credible sources of literacy and social media. When the data accumulated, it obtained a conclusion where the power relationship described in the policy NUMBER 30 OF 2021 tends to and indicates that the power relationship is in one dimension only. While power relations in sociological theory that explains that power should built multidimentionally and covering more broadly because power in social theory explains that power is everywhere. In terms of social construction, the policy that contained in Permendikbud Ristek Number 30 of 2021 has suitable with Berger's social construction. This theory stems from a constructivist paradigm that showed social reality as a social construct created by other individual and the individual itself that determines the social world and constructed as a matter their will. Every individual has the freedom to do anything beyond the limits of his sturcture and social institutions which gives the sense that social reality occurs because it created by an individual who is free to decide everything. This is match with the policy of Permendikbud Number 30 of 2021 which understands the forms of sexual violence due to the freedom of individual in act in according to their will.