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Ahmad Arief
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INDONESIA
BILANCIA
Published by Institut Agama Islam Negeri Palu
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
BILANCIA: Journal of Sharia and Law Studies is a journal that seeks to revive and integrate the scientific values of sharia and law, starting from the integration of theories and practices. Therefore, the Editorial Team accepts all types of articles which contain sharia studies, legal studies and integration studies between sharia and law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 151 Documents
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Religious Court Judge’s Perception granting the Right to Livelihood in Judicial Divorce Cases Based on the Judge's Ex Officio Rights Widya Mayang Yuninda; Ali Maskur
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3027

Abstract

This study discusses the wife’s nafkah right in a judicial divorce. The purpose of this study is to determine the legal considerations of the judges of the Ternate Religius Court, Bulukumba Religius Court, and Singkil Sharia Court in deciding judicial divorce cases that are considered nusyuz but the wife get nafkah iddah. This research is a library research where the collected data are cases with the legal problem regarding nafkah iddah for wife who sues her husband for divorce. The approach to this research is the statuate approach. It is an approach used by examining the Law and its regulations regarding the legal issues raised. Beside, the researcher also uses the historical approach. This approach is used by analyzing the judge's decision to decide cases that are not yet legally certain in the Law. Next, the data is processed by a a descriptive data analysis technique then the conclusions written deductively. The results in this study indicate that not always the wife who files for a judicial divorce can be considered nusyuz because in fact, the wife is the aggrieved party such as being cheated on, not given nafkah during an argument and experienced physical violence by her husband. So that in this case the judge can give the nafkah right to the wife as long as she is not proven to be nusyuz by SEMA Number 3 of 2018 which accommodates PERMA Number 3 of 2017 as a regulation that binds litigated and ex officio judges in order to achieve justice.
Fiqh Siyasah Review of Social Welfare in Padang City: How is it Implemented Candra, Afrikal; Efendi, Faisal; Majid, Ikhwanuddin Abdul; Nurlaila, Nurlaila
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3323

Abstract

This is driven by the ongoing prevalence of social welfare issues in the city of Padang. Among the social welfare issues are the problems of street children, homeless people, beggars, street musicians, and street vendors. Regional regulation number 1 of 2012 has addressed that issue. Among the efforts made in regional regulations are preventive efforts, repressive efforts, and rehabilitation efforts. Has that been implemented to the fullest in the city of Padang, and how is it being applied. This study examines the perspective of Fiqh Siyasah on regional regulation number 1 of 2012 and its implementation in the city of Padang. The author uses field research. The data source consists of the primary source, the Regional Regulation No. 1 of 2012, and the secondary data is derived from a variety of literature related to the discussion in this study. The collected data was then analyzed using a content analysis approach. The results of the implementation of Regional Regulation Number 1 of 2012 are still hindered by several obstacles. Among the challenges faced are: the limited facilities and infrastructure to provide guidance for street children, homeless individuals, beggars, street musicians, and street vendors. There is still minimal allocation of funds from the local government to carry out the construction. The development carried out by the Social Service of Padang City can only address the issue of street children and has not yet been implemented effectively, resulting in many individuals who have been rehabilitated being caught in raids again.
Abu al-Ma'ali al-Juwaini's Contribution to Maqashid al-Shari'ah Thought in Kitab al-Burhan Fi Ushul al-Fiqh Heru Susanto; Agustina Kumala Dewi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3418

Abstract

This study examines al-Juwaini’s thought on maqashid al-shari'ah and its contribution to the development of the discipline of maqashid al-shari'ah. This study uses a type of qualitative literature research with content analysis. The results of the research are as follows: First, al-Juwaini contributed his thought in the field of maqashid al-shari'ah by formulating the formulation of ushul al-shari'ah. Al-Juwaini uses several terms that refer to the meaning of the shari'a objectives as follows: al-ma'ani, al-hikmah, murad al-shari', al-ghard and al-aghrad, al-mashalih, mahasin al-shari'ah, mathalib al-shari'ah, bughyah al-shari' and mabaghi al-shar', al-kulliyyat and kulliyyat al-shar', al-qa'idah al-kulliyyah and qawa'id al-shari'ah. Second, Al-Juwaini divides ushul al-shari'ah into 5 (five) categories, (1) Shari'ah of the primary category (amr daruriyy) and can be reasoned by aql (ma’qulah al-ma’na); (2) Shari'ah related to general needs (al-hajah al-'ammah); (3) Shari'ah of the tertiary category (makramah) and is not part of amr daruriyy or hajah 'ammah; (4) Shari'ah of encouragement category (mandub) and is not related to the primary (daruriyyah) and secondary (hajiyyah; (5) Shari'ah whose meaning is 'universally (kulli) can be known by ‘aql, but specifically (juz'i) cannot be reasoned. Third, the formulation then became the embryo and foundation for subsequent maqashid scholars such as al-Ghazali and al-Shatibi in the development of the maqashid al-shari'ah as it is known today, namely the concepts of daruriyyah, hajiyyah, and tahsiniyyah as well as the conception of al-daruriyyat al-khamsah. So it can be said that al-Juwaini was the initiator and the first scholar to carry out the conception of maqashid al-shari'ah.
The Construction of the Authority of The Ethics Committee in Regional House of Representatives regarding Ethics Enforcement : A Case Study of the Makassar City DPRD Hisbullah, Hisbullah; Sofyan; Andi Rezal Jauhari; Annisa Zalsabillah; A Tenripadang
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3419

Abstract

The core issue of this research is how the Honorary Body at the Regional People's Representative Council (DPRD) of Makassar City constructs the enforcement of the code of ethics. This study is a field research employing an empirical juridical approach and normative theological approach (syar'i). The data were obtained from primary sources such as legislation and other secondary sources. Data collection methods included interviews and documentation. Data analysis was conducted through stages of data presentation, reduction, editing, data analysis, and drawing conclusions. The results of this study indicate that: 1) The Honorary Body of the DPRD of Makassar City was established based on legislation and functions as an enforcer of the code of ethics; 2) The Honorary Body of the DPRD of Makassar City performs its duties based on the autonomous regional agreement under DPRD Regulation No. 1 of 2018 concerning Rules of Procedure; 3) The issue of code of ethics enforcement in the DPRD of Makassar City is the formal enforcement factor, which can only be reported by the leadership, resulting in an ineffective check and balance. It is recommended that the DPRD of Makassar City grants freedom to the public and involves community elements in monitoring the code of ethics for members of the DPRD of Makassar City.
Medical Transformation on the Legality of Inheritance Rights of Passive Eutanasia Applicants: Jasser Audah's Maqasidi Analysis Dzulkifli Al-amin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3420

Abstract

This research discusses ethical and legal dilemmas related to euthanasia in the perspective of Islamic law, especially regarding inheritance rights for passive euthanasia applicants. This research uses a normative juridical method with a conceptual approach to explore how Islamic law regulates inheritance rights in cases of passive euthanasia carried out on the basis of compassion. Euthanasia, both active and passive, remains a controversial issue. Legally in Indonesia, euthanasia is very close to Article 344 on murder as well as Article 304 of the Criminal Code and Article 173 of KHI on the causes of the loss of inheritance rights, but even so the implementation and interpretation are still debatable. From an Islamic perspective, murder can prevent inheritance rights, but there are differences of opinion among scholars regarding the type of murder in question. The results of this study show that the legal illat from the hadith and Islamic legal literature to conclude that the act of passive euthanasia, if done with good intentions and not aimed at accelerating the acquisition of inheritance, does not hinder inheritance rights.
Effectiveness of Sub-district KUAs in Premarital Guidance for Adolescents as an Effort to Prevent Underage Marriage in North Sulawesi Province Suprijati Sarib; Youlanda
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3423

Abstract

The purpose of this research is to examine the effectiveness of KUA guidance for premarital age adolescents in North Sulawesi and the differences in understanding of adolescents who get Premarital guidance from KUA in North Sulawesi. This research is qualitative research, the type of research is field research. The data collection methods used are observation, interview, and documentation. The results showed that in terms of guidance for adolescents related to pre-marital knowledge, before guidance showed a percentage of 51.02% less understanding and after guidance showed a percentage of 57.14% understanding from a total of 98 adolescents. This shows that so far the guidance for adolescents related to pre-marital knowledge carried out by the Head of the KUA has been quite effective. Although the guidance has not been optimal, with the percentage difference from the teenagers who understand after the guidance is carried out.
The Traditional Land Inheritance System of The Awo Community Enrekang Regency: a Maslahah Perspective Alwi, Mujahid; Supardin, Supardin; Patimah, Patimah; Gassing, Abdul Qadir; Hamsir, Hamsir
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3797

Abstract

In general, there are three inheritance regulations that apply in Indonesia, namely Islamic inheritance regulations, customary inheritance regulations, and inheritance regulations governed by the state. The research focuses on: How is the practice of land inheritance in the Awo community of Baraka District? What are the obstacles in the implementation of Islamic inheritance in the customary inheritance law of the Awo community in Baraka District? And how is the Maslahah perspective on the land inheritance system in the Awo community of Baraka District? This study uses a qualitative field research method with a normative theological and ethnographic approach. The data sources are community leaders, religious leaders, and the Awo community. Data was collected through observation, interviews, and document studies. The findings of this study show that the land inheritance system in the Awo community has been maintained across generations through oral tradition. Inheritance land, known as "manah," is a family asset managed collectively. This system is based on the bilateral principle, which provides equitable inheritance rights to descendants. The implementation of the Islamic inheritance system in the Awo community faces challenges, as there is a conceptual difference between customary inheritance, which grants equal rights to both men and women, and Islamic law, where inheritance distribution differs. There is also a strong influence of local traditions and a lack of understanding of Islamic law. The land inheritance system in the Awo community can be analyzed through the Maslahah approach, which aims to achieve benefits in accordance with Islamic jurisprudence principles. Unlike Islamic law, this land inheritance practice provides benefits by maintaining the unity of assets and ensuring the sustainability of livelihoods. The collective system applied supports the Maqasid al-Syariah. By maintaining the inheritance system, the land remains a heritage passed down through generations, which has implications for the preservation of wealth (hifz mall) and descendants (hifz nasl).
Forms and Constraints of Services for Elderly Hajj Pilgrims at the Ministry of Religious Affairs of Soppeng Regency Ali, Sitti Asiqah Usman; Tenriawaru, Andi Nurlaily; Aderus, Andi Fadhil Andi; Rasna, Rasna
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3899

Abstract

The purpose of this study was to examine the forms and constraints of services to elderly pilgrims at the Ministry of Religion of Soppeng Regency. This research is qualitative research, the type of research is field research. The data collection methods used are observation, interview, and documentation. The results showed that: 1) There are several forms of services for elderly pilgrims at the Ministry of Religion of Soppeng Regency, including administrative services, namely serving elderly pilgrims in preparing all documents before departure by door to door, then manasik services, namely providing initial provision for elderly pilgrims to get education about what will be done before leaving until arriving back in the country, then health services, elderly pilgrims receive special attention considering their limitations and have a higher rate of disease, all services carried out by the Ministry of Religion of Soppeng Regency are carried out wholeheartedly like their own parents. 2) Obstacles in the implementation of services to elderly pilgrims at the Ministry of Religion of Soppeng Regency, namely health and physical condition constraints, elderly pilgrims have a physical condition that is decreasing due to age factors and have several health problems both congenital and easily affected by illness besides that elderly pilgrims have obstacles in communication limitations and stuttering technology, obstacles like this are often encountered for an elderly person, but with a sophisticated era the Ministry of Religion has experienced few obstacles when serving elderly pilgrims because they must be guided properly and taught repeatedly until they understand.
Changes in the status of waqf: Understanding of the Community Living in the Santiong Cemetery Land Waqf Umasugi, Nirwan; Nasim, Abu Sahman
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3908

Abstract

This study investigates the contested status of waqf land designated for the Santiong Village Public Cemetery (TPU), which has been occupied by community members for housing, creating a conflict over its intended use. The research aims to analyze the legal status of this waqf land from an Islamic law perspective and to assess the resident community's understanding and perception of its function and empowerment principles. Using a quantitative method, data was collected via questionnaires distributed to a sample of 50 residents living on the waqf land. The research reveals two primary issues. First, the legal status of the waqf land is precarious; it lacks an official certificate from the Land Agency and relies solely on a Notary Deed held by the An-Nur Foundation, the acting nazhir (manager). Second, community understanding of waqf principles is low, with a majority of residents (66%) not providing empowerment benefits to the nazhir5. Despite these legal and social challenges, the study concludes that the waqf land possesses significant potential for future development. This potential is based on indicators such as the positive character of some respondents toward waqf and the prospective economic empowerment of the community.
Criminal Liability For Illegal Abortion In Indonesian And Islamic Law: a Comparative Study Fahmi, Zul; Hasibuan, Affan Muhammad; Nasution, Roni Risky; Asrofi, Asrofi; Suroto, Suroto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3909

Abstract

This study examines criminal liability for illegal abortion under Indonesian positive law and Islamic law by analyzing their normative foundations, common ground, and points of difference. Using a normative legal research method with a comparative approach, this study utilized primary sources, including the Criminal Code, Health Law, Qur’an, Hadith, classical fiqh literature, and MUI fatwas to map the rules and rationale of each system. The findings show that both legal frameworks expressly prohibit abortion without a valid reason, but differ in terms of rationale and sanctions. Indonesian law emphasizes formal legal protection of the right to life, with prison sentences of up to 15 years and fines of up to 1 billion rupiah. Islamic law frames abortion as a moral-religious offense, calibrating punishment to the development of the fetus: before 120 days, the perpetrator pays ghurrah, and after 120 days, abortion is equated with murder and punishable by qisas or diyat. Integrating textual interpretation with the maqasid sharia framework, this research contributes a nuanced comparative model that highlights how secular and religious norms can inform one another. This research underscores the need for legal harmonization, policymakers can enrich Indonesia’s regulatory regime by incorporating maqasid sharia principles such as staged medical review and psychosocial counseling into existing legislation to strike a balance between legal certainty, public health, and ethical imperatives. These insights pave the way for targeted reforms and empirical studies that assess the real-world impact of a harmonized, combined approach in reducing illegal unsafe abortion and promoting reproductive justice

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