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Ma'adul Yaqien Makkarateng
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INDONESIA
Jurnal Al-Dustur
Published by Institut Agama Islam Negeri Bone
ISSN : 26225964     EISSN : 26866498     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have never been previously published in the form of articles from research or applied research. All submitted articles will go through "peer-review process" after fulfilling the requirements according to the article writing guidelines. The publication of this journal every six months, namely in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 7 No 1 (2024)" : 7 Documents clear
HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA Tarmizi, Tarmizi; Misbahuddin, Misbahuddin; Kurniati, Kurniati; Imran, Muh. Fadhil Abdillah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6019

Abstract

The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.
ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION Marlina, Andi; Muliyono, Andi; Lahangatubun, Nurjanah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6271

Abstract

The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.
INDONESIA-MALAYSIA’S LEGAL PROTECTION FOR BUSINESSES UNDER THE COD (CASH ON DELIVERY) PAYMENT SCHEME IN THE MARKETPLACE Sugirman, Andi; Waruwu, Monaldus Fatiso; A, Abdussalam; Ardiana, Ulfa
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.3710

Abstract

ABSTRACTThe COD (Cash on Delivery) can impact cash flow due to payment delays, especially for businesses with tight margins. In order to address the issue of business actors' legal protection when using COD as a payment mechanism in the marketplace, this paper seeks a solution. Research on laws and other relevant legal literature is done by the author as part of the normative juridical legal research approach used to write this publication. To make corporate operations more productive and efficient, Marketplace aims to reduce their unnecessary complexity. With the marketplace emerging, everyone may now purchase and sell goods and services with ease, at a low cost, and in a timely manner, as there are no restrictions on location, time, or distance.  There are numerous payment methods available in the marketplace, one of which is COD (Cash on Delivery), which allows customers to pay directly on the spot when they receive the things they ordered. However, in practice, the parties who transact in the Marketplace frequently suffer significant losses, necessitating the existence of legal protection for the parties that transact in the Marketplace, both consumers and business entities, in order to protect their rights.
TUNISIA'S ONE-TO-ONE INHERITANCE PHENOMENON: THE ROLE OF PUBLIC SPACE BEHIND THE FAILURE OF MASHRŪ’ AḤKĀM TATA'ALLAQU BI AT TASĀWIY FĪ AL MĪRĀṠ Nizami, Auliya Ghazna; Haidar, Muhammad; Mutmainnah, Hayyun Ulfah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6070

Abstract

Tunisia is known as a Muslim country with a progressive Islamic family law order. Progressiveness is shown by efforts to change the rules of the male and female inheritance sections. The standard concept of Islamic inheritance in the division of inheritance between men and women is 2:1, in this case Tunisia seeks to change it to be equal between men and women. This research discusses the Inconsistency of Islamic Family Law in Muslim Countries: A One to One Inheritance Study in Tunisia. This research is a normative-empirical legal research that combines the nature of normative law accompanied by empirical data. The findings of this study suggest at least two main findings as answers to the two problem formulations stated at the outset. First, Islamic family law in Tunisia which is manifested in the form of Majallah al Aḥwāl Asy Syakhṣiyyah (MAS) often gets changes along with changes in the political forces in power in the country. One of the major parts of MAS is the provision for inheritance distribution between men and women as stipulated in article 146, which is considered by one political camp to be unfriendly to women's rights. Second, the potential power of public space legislation is widely used to provide changes to certain regulations, in this case regarding the provisions of inheritance rights for men and women. The feminist camp with the help of public voice succeeded in drafting Aḥkām Tata'allaqu bi at Tasāwiy fī al Mīrāṡ which is addressed to article 146 of the MAS.
MODIFYING ASSESSMENT FOR THE ADVANCEMENT OF FAMILY LAW THEORIES AND PRACTICES Anwar, Wirani Aisiyah; Wahyu, A. Rio Makkulau; Mukhlas, Oyo Sunaryo; Khosyiah, Si’ah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.5989

Abstract

Family law primarily refers to the legal rules that regulate relationships within the family, which can derive from either blood relations or the act of marriage. The purpose of this article is to analyze the concept and the norm of altering Islamic family law in Indonesia. To examine the subject of altering Islamic family law in Indonesia, a qualitative methodology backed by literature can be used. A combination with descriptive normative approach entails researching legal documents related to Islamic families in Indonesia, selecting some contentious family law cases and analyzing their impact on the legal system, and interviewing Islamic legal experts, human rights activists, or family members involved in specific legal cases. The results of the study underline the significance of family bonds in influencing problems such as parental and filial rights, inheritance laws, along with custody and guardianship. Essentially, family law has its foundation on two sources: written and unwritten regulations. Written sources include a wide range of legal topics, including law, jurisprudence, and treaties. Unwritten sources, on the other hand, refer to legal ideas that emerge and shape themselves within the context of cultural life.
THE DYNAMICS OF APPLYING BOTH ISLAMIC AND CONVENTIONAL LAW IN THE INHERITANCE OF BANCEAUY CUSTOMARY VILLAGE Kusmayanti, Hazar; Suwandono, Agus
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6187

Abstract

Due to the existence of three distinct systems of inheritance law—civil heirship law, Islamic inheritor ship law, and customary inherited law—Indonesian inheritance law is still pluralistic. There are parallels and variances among the components of inheritance law because there are variations in the legal system governing such inheritance. Finding out how inheritance disputes are resolved in Banceuy Customary Village in relation to Islamic law is the aim of this study. This normative research approach employs descriptive analytical research specifications, which involve describing, analyzing, and putting into practice the relevant legal laws. Research indicates that, even though the indigenous communities in the Banceuy district of Subang are Islamic, the law of parental inheritance appears to apply to the indigenous village. However, the division of inherits appears to be dependent on the affinity system in place, as the group of heirs equally accounted for the relationship of relativity through the male and female lines. This division of inheritance falls under the category of the receptie theory, which was abandoned but held that Muslims are subject to Islamic law if it is accepted or mandated by customary law. The concept of equal inheritance division in the indigenous village of Banceuy, if linked to Islamic law, the author claims, originated from a cooperative agreement that was carried out successively so that it became a customary practice that was initially a disclaimer for the implementation of division of heritage religiously or disclaimed.
NAVIGATING NEW BEGINNINGS: ETHICAL AND LEGAL CONSIDERATIONS OF EGG FREEZING FOR MUSLIM WOMEN Mutmainnah, Iin; Hasim, Hasanuddin
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.4939

Abstract

Egg freezing also known as Oocyte Cryopreservation, is a scientific advancement in the field of medicine that has a significant influence on society. Women undergo egg freezing as a proactive measure to preserve their fertility for future use when their reproductive capabilities decline. The objective of this research is to address the legality of egg freezing performed by women prior to marriage and its influence on the legal status of the children born as a result of the procedure in a review of Islamic law. The library research method is employed in this study, which pertains to the legal standards included in the principles of Islamic law alongside related laws and regulations. Data collection techniques involve the acquisition of relevant papers, journals, and publications. The research findings indicate that, according to the Egyptian fatwa and supported by the fatwa of the Indonesian Ulama Council (MUI), egg freezing is allowed under specific conditions. These conditions include ensuring that frozen egg cells are only fertilized with sperm cells from legally married couples, thereby enabling the production of lawful children in accordance with the law. However, if one were to contravene the conditions outlined in the fatwa, it would be considered forbidden and would lead to the ensuing kid being deemed illegitimate, hence being excluded from their father's lineage and inheritance entitlements.

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