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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Halim, Patimah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Tradition of Mappasikarawa in the Bugis-Makassar Community Marriage: A Study of Islamic Law Philosophy Idrus, Achmad Musyahid; Nurdin, Roswati; Qayyum, Rahman; Halim, Patimah; Amir, Rahmah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (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.v7i2.17125

Abstract

The Mappasikarawa tradition is a unique tradition carried out after the marriage ceremony by the Bugis Makassar community, this practice has become a polemic in society because it is considered only a tradition with no foundation in Islamic law. This study aims to discuss the Mappasikarawa tradition in the marriage of the Bugis Makassar community from the perspective of Islamic legal philosophy. This research is an empirical legal study using an Islamic legal philosophy approach. There are two ways used in collecting data, namely; in-depth interviews and literature studies. The research was conducted in five regions in South Sulawesi namely; Makassar, Maros, Pangkep, Gowa, and Wajo, while the informants interviewed were traditional leaders, religious leaders, academics, women's leaders and wedding couples. This study concludes that the Mappasikarawa tradition practiced by the Bugis-Makassar people has a historical basis that is rooted in Islamic law, especially a tradition of 'urf. The philosophical values contained in touching certain parts of the wife's body do not contain polytheism because touching the wife's body is always preceded by blessings on the prophet and accompanied by good prayers. Because of this, the Mappasikarawa tradition which originates from local Bugis-Makassar values can actually be said to be part of sunnah-hashanah and has relevance to Islamic law where both are manifestations of benefit for married couples.
Euthanasia dan Hak Pasien dalam Filsafat Hukum Islam: Studi Kritis terhadap Praktik Perawatan Paliatif di Negara-Negara Muslim Halim, Patimah; Asrul, Asrul; Shuhufi, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.48646

Abstract

Euthanasia is one of the ethical issues that continues to be debated in various countries, including Indonesia. This dilemma is not only experienced by doctors and legal practitioners, but also by religious circles who are trying to understand the position of religious teachings on this practice. The subject of this research discusses euthanasia and Patient Rights from the perspective of Islamic Philosophy of Law. The main purpose of this study is to examine the concept of euthanasia in the perspective of Islamic Philosophy, compare it with the perspective of human rights, and explore how Islamic law responds to this phenomenon. This study uses a normative approach with a library research method. This method is carried out by collecting and analyzing data from various literary sources, such as Fiqh books, Qur'an interpretations, Hadiths, scientific journals, and related legal regulations. The data collected is then analyzed qualitatively to draw conclusions that are in accordance with the principles of Islamic law.  The results of the research show that the concept of euthanasia formulated by experts is actually prohibited in the Quran and Hadith. For example, in the Qur'an in QS. Al An'am verse 151: "And do not kill a soul that Allah has forbidden (to kill) except for the right reason." Killing here is defined as killing by any means, including killing with the help of others, such as the concept of active euthanasia. Meanwhile, from the point of view of human rights, euthanasia is an effort to eliminate the right to human life, because the essence of euthanasia itself is to eliminate human life on the grounds that it will harm others. However, in certain cases, the termination of medical procedures that do not provide benefits (passive euthanasia) may be allowed under certain conditions.
Rekonstruksi Pembagian Warisan Islam Melalui Pendekatan Keadilan Gender Halim, Patimah; Amalia, Nur
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48448

Abstract

Equity in the division of inheritance between men and women continues to be a relevant and ongoing topic of discussion. The traditional view held by some classical circles is that the division of inheritance between men and women, as written in Surah An-Nisa' verse 11, is final and cannot be changed. Any change to this provision is considered a deviation from the sharia. On the other hand, contemporary scholars see the division as a rule that must be contextualized in accordance with the times and the existing social dynamics. Progressive thinking in this case is spearheaded by gender activists who consider that fiqh mawaris still has a gender bias. This study aims to analyze the application of the distribution of inheritance property that is fairer and in accordance with the conditions of Indonesian society through a gender theory approach. The methodology used is descriptive analytical, focusing on the issue of the distribution of inheritance that applies 1:2 for men and women. Data analysis was conducted by examining the arguments of inheritance through a socio-historical approach. The results show that the division of inheritance in Islam which refers to the ratio of 1:2 is not final. In the context of a changing society, the division can be adjusted to 1:1 or even 2:1. This research emphasizes the importance of contextual understanding of sharia texts so that the goal of Islamic law can be achieved, namely balanced justice for all parties. With this approach, it is hoped that the inheritance system can adapt to the more progressive values of gender justice in modern society.
An Islamic and Statutory Comparison on the Protection of Labor Rights: Toward an Progresif Legal Framework Halim, Patimah; Jumardin, Marlina Aulia; Satriani, Indra
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.58103

Abstract

The main problem in this research is how to compare the protection of workers in fiqh muamalah and labor law. From the main problem, sub-problems are formulated, namely how the concept of work in Islam, how the protection of workers' rights in Islam and how the protection of workers' rights in the law. This research is literature (librari research) which examines several literature studies both journals and books related to labor. Working in the context of Islam is an obligation in terms of maintaining life. In fiqh muamalah, there are several protections of workers' rights, namely the right to receive a salary, the right to receive wages and the right to obtain job security. While in the context of legislation is the social and technical protection of labor, as well as social security protection.
Philosophy of Tashrī‘ Review on Internalization Maja Labo Dahu in The Legal System of The Sultanate of Bima Idrus, Achmad Musyahid; Hasan, Hamzah; Asti, Mulham Jaki; Taudiyah, Nasya Tisfa; Halim, Patimah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.1.108-128

Abstract

Maja Labo Dahu's philosophy represents the Bima community's local values that have been internalized into Islamic law. This research aims to find answers to the issues examined, namely the existence of Islamic law in the Sultanate of Bima. The primary focus lies in the analysis of the implementation of Islamic law during the Sultanate of Bima and the internalization of the philosophy of Maja Labo Dahu within the Sultanate of Bima. The method used in this research is a descriptive qualitative method, which explores written documents and information from Bima community figures who know the implementation of Islamic law in the Sultanate of Bima as a result of the internalization between the philosophy of Maja Labo Dahu and the fiqh tashrī' in Islam. The data used in this research were obtained through observation, cross-checking interviews, and literature study. The findings of this research reveal that Islamic law has existed in the Sultanate of Bima since Islam was accepted as the official religion, based on the legitimacy of the theory of shahada, which explains the application of Islamic law coinciding with the Bima community's embrace of Islam. However, formally and juridically, Islamic law was declared applicable throughout the Sultanate of Bima after the establishment of three legal institutions, namely Sara Tua, Sara Sara, and Sara hukum, which were responsible for coordinating the implementation of laws such as flogging, stoning, retribution, and discretionary punishment. The philosophy of Maja Labo Dahu has been internalized into the Islamic law of the Kingdom of Bima, causing the Bima community to feel fear and shame in committing legal violations. Keywords: Tashrī’ philosophy, Maja Labo Dahu, Family Law, Sultanate of Bima.
Co-Authors Achmad Musyahid Idrus, Achmad Musyahid Amir, Rahmah Asrul Asrul Asti, Mulham Jaki Hamzah Hasan, Hamzah Jumardin, Marlina Aulia Muhammad Shuhufi, Muhammad Nur Amalia Nurdin, Roswati Qayyum, Rahman SATRIANI, INDRA Taudiyah, Nasya Tisfa