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<![CDATA[AKULTURASI NILAI HUKUM ISLAM DALAM TRADISI MAPPACCI PADA MASYARAKAT DESA LIMAPOCCOE KABUPATEN MAROS ]]>
<![CDATA[Asma, Fauziah]]>;
<![CDATA[Alwi, Zulfahmi]]>;
<![CDATA[Ibnu Izzah]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.31221
<![CDATA[Abstract The main problem in this study is the acculturation of Islamic legal values in the mappacci tradition in the community in Limapoccoe Village, Maros Regency. This study aims to explain the procession of the Mappacci tradition in the Limapoccoe Village community, Maros Regency and the Islamic Legal Values acculturated in the Mappacci tradition in the Limapoccoe Village community. The type of research used is qualitative research, namely field research using a cultural approach, a syar'i approach, and a sociological approach, then the data collection methods used are interviews, observation and documentation. The results of this study indicate that the mappacci procession does not violate the provisions of Islamic teachings and is a symbol of self-purification and cleansing of the soul of the prospective bride and groom before undergoing domestic life and obtaining blessings from relatives and can be blessed by Allah SWT. The implication of this research is that the procession in the Mappacci tradition should be carried out because it has become a hereditary habit from the past and there are several Islamic legal values that have been acculturated into the Mappacci tradition including: the value of divinity, the value of ta'awun, the value of tolerance, the value of freedom and the value of patience or istiqamah. Suggestions from the author so that this mappacci tradition can be preserved and maintained in order to avoid things that violate the provisions of Islam. Keywords: Acculturation, Islamic Law, Mapppacci Procession]]>
<![CDATA[TRADISI FOKOMPA KAMPANA’A DALAM PROSESI PEMINANGAN PADA MASYARAKAT SIOMPU BUTON SELATAN PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[M. Miswar Zarah]]>;
<![CDATA[Lomba Sultan]]>;
<![CDATA[Muh. Jamal Jamil]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.31635
<![CDATA[The main issue of this research is how the implementation of the tradition of "fokompa kampana’a" in the engagement process in the Siompu District community of South Buton Regency from the perspective of Islamic law. This research is qualitative field research using Sharia and sociological approaches. The research results indicate that before the implementation of "fokompa kampana’a," two preliminary steps are taken, namely "posoloi" and "fotibua." The implementation of the tradition of "fokompa kampana’a" is conducted three times. First, "kafe’awutino lambu" as a proposal presentation. Second, "kafendua" is the formal engagement as a marker that both parties are engaged. Third, "woa’ano wua" or the engagement ceremony accompanied by the partial delivery of the dowry according to tradition. In general, the implementation of the tradition of "fokompa kampana’a" does not contradict Islamic law because many aspects align with Islamic teachings. Preserving the tradition of "fokompa kampana’a" as cultural wealth needs to be done while considering Islamic values and simplifying some processes and materials deemed burdensome according to the community's capabilities.]]>
<![CDATA[EFEKTIVITAS SIDANG KELILING TERHADAP PENERAPAN ASAS, SEDERHANA, CEPAT DAN BIAYA RINGAN ]]>
<![CDATA[Nur Ita Wahyuni]]>;
<![CDATA[Halim Talli]]>;
<![CDATA[Muhammad Fajri]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.32244
<![CDATA[Abstract This study discusses the effectiveness of the trial on the application of simple, fast and low-cost principles (a case study of the settlement of the isbat marriage case at the Bulukumba Religious Court). This study aims to find out how effective the mobile court is in the marriage isbat case and how it is applied as a simple, fast and cost-effective case in the settlement of marriage isbat cases through a mobile trial at the Bulukumba Religious Court. This research is qualitative in nature where the data collection is in the form of field reports or according to facts in the field. The approach used is the Juridical Empirical approach with data collection methods, namely documentation and interviews. The results showed that the mobile court in the settlement of the isbat marriage case at the Bulukumba Religious Court was calculated in terms of distance, implementation procedures to settlement of cases and fulfilled the 5 indicators of effectiveness according to Soerjono Soekanto. The application of the principle of justice has been carried out well, starting from the implementation which is not complicated and the costs incurred are only the down-payment costs of the case. Keywords: Effectiveness, Circuit Court, Judicial Principles, Marriage Isbat.]]>
<![CDATA[PERILAKU PENYIMPANGAN SEKSUAL DALAM PERKAWINAN PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Hidayat, Herdi]]>;
<![CDATA[Asni]]>;
<![CDATA[Hilal, Fatmawati]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.32378
<![CDATA[Abstract This research discusses sexual deviant behavior in the form of coercion in sexual relations (Marital Rape) and Sadomasochism. The author tries to examine cases of sexual deviant behavior in marriage that focus on Islamic Law. The main problem in this study is how the Islamic Law perspective on the imposition of sexual relations (Marital Rape) in marriage, how the Perspective of Islamic Law Sadomasochism, and how to overcome sexual deviance in marriage. The type of research used is library research by referring to the results of previous research, such as books, journals and articles that can be accessed online. The results showed that, the behavior of sexual deviance in marriage according to the perceptive islamic law is the coercion of sexual relations between husband and wife (Marital Rape) if the wife is sick or is in her menstrual period. However, if the wife is not in a state of illness and then forced to have sexual intercourse because the wife refuses to do so then it is not included in Marital Rape. the behavior of sadism and masochism (Sadomasochism) in conjugal relationships is makruh. Because it contains elements of persecution and danger. It is in an effort to achieve mutual sexual satisfaction, which will give happiness and harmony in the household. The implications of this study are the implementation of premarital courses (suscatin), reporting to KPAI, KOMNAS HAM, as well as supervising and learning adolescents in order to avoid sexual deviance and not hesitate to report if there are sexual deviance. Keywords: Sexcual deviant, Marital Rape, Sadomasochism.]]>
<![CDATA[PANDANGAN ‘URF TERHADAP PROSESI ADAT KARIA PADA MASYARAKAT MUNA DI KELURAHAN LAIWORU KECAMATAN BATALAIWORU KABUPATEN MUNA ]]>
<![CDATA[Mohasa, Muhammad Fajri]]>;
<![CDATA[Musyfikah Ilyas]]>;
<![CDATA[Abdul Syatar]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.32862
<![CDATA[Abstract Karia custom is a custom carried out by the Muna community who are Muslim. The main problem of this research is the 'urf' view of the traditional karia procession in the Muna community in Laiworu Village, Batalaiworu District, Muna Regency with sub problems, namely:1. How is the practice of performing traditional caries in the Muna community in Laiworu Village, Batalaiworu District, Muna Regency? And 2. What is 'urf's view on the practice of performing traditional caries in the Muna community in Laiworu Village, Batalaiworu District, Muna Regency? This type of research is a field research (field research), which is descriptive qualitative. The research approach used is the 'Urf approach and the Socio-cultural approach. The results of this study indicate that: Karia is one of the customs of the Muna tribe that has been passed down from generation to generation. And the karia custom is a custom that includes 'urf sahih, meaning that the karia custom is a custom that is allowed in Islam. The implication of this research is that for the Muna Regency Government, adat karia as cultural heritage values should be preserved, especially noble values in the implementation of adat karia to shape women's personalities in living married life. Keywords: karia custom, Islamic law, ‘urf]]>
<![CDATA[PENGANGKATAN ANAK BAGI ORANG TUA DITINGGAL MATI SUAMI DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Edi Ardiansa]]>;
<![CDATA[Sultan, Lomba]]>;
<![CDATA[Fajri, Muhammad]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.35463
<![CDATA[This study discusses the adoption of children abandoned by their husbands from the perspective of Islamic law at the Sungguminasa Religious Court. The discussion in this study is (1) what are the legal considerations by the judge in determining the adoption of a child whose husband has died? (2) What is the review of Islamic law regarding the adoption of children by parents who have been left behind by their husbands? This research includes field research, namely qualitative field research with a research approach used is a normative-juridical approach, namely a research based on a legal provision and phenomena or events that occur in the field. Furthermore, to obtain data on this issue, the data collection methods used were interviews, documentation, library research and field research. Then, the data obtained was then analyzed and concluded. The results of this study indicate that legal considerations by judges in determining the adoption of children whose husbands have died (a case study at the Sungguminasa Religious Court), granting custody of their own children to applicants is a matter of the jurisdiction of the district court and religious court, which have been decided by the judge of the religious court based on evidence who had been asked to then be used as a basis and saw from both parties the applicant and the respondent whose child was later adopted by his own brother. The judge of the religious court refers to the rules and KHI of Islamic law to give a decision to the applicant so that the request is granted on the basis of the factor that the applicant has never been blessed with children until then her husband dies and a child is married as the heir of the family.]]>
<![CDATA[EKSISTENSI AMMALANGNGANG TOBANG DALAM PERNIKAHAN PERSPEKTIF HUKUM ISLAM ( STUDI KASUS DESA LANGKURA KECAMATAN TURATEA KABUPATEN JENEPONTO ]]>
<![CDATA[Tanri, Justamin]]>;
<![CDATA[Asni]]>;
<![CDATA[Siti Nurul Fatimah]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.35853
<![CDATA[Abstract This study discusses the Existence of Ammalanngang Tobang in Islamic Law Perspective Marriage. The author examines how the existence of Ammalangkang Tobang in marriage in the perspective of Islamic law. This research is a fieldresearch that describes the results of the discussion through a descriptive qualitative method, using a normative theological approach. Primary data was obtained directly through interviews, while secondary data was obtained through documentation, literature and book literature. Data analysis used reduction, presentation, comparison and conclusion techniques. The results of this study reveal that the people of Jeneponto Regency, especially Langkura Village, still maintain the Ammalanggang Tobang tradition in marriage, Ammalanggang Tobang is the process of handing over gifts in the form of the groom's household furniture to the bride after the wedding. Conceptually, traditional Islamic law is included in Al-Urf or repeated habits. In its own application, the Ammalangngang Tobang tradition in marriage is legally valid in Islam because it does not contain elements of associating partners with Allah and does not conflict with the texts of the Koran and hadith. Keywords: Islamic Law, Ammalangngang Tobang, Marriage.]]>
<![CDATA[IMPLEMENTASI PELAYANAN ADMINISTRASI NIKAH DI KANTOR URUSAN AGAMA (KUA) UJUNG BULU BULUKUMBA MELALUI WEBSITE SIMKAH ]]>
<![CDATA[Rahmasari, A. Nina]]>;
<![CDATA[Abd. Halim Talli]]>;
<![CDATA[Muhammad Anis]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.36548
<![CDATA[The Office of Religious Affairs in Ujung Bulu Sub-District has started implementing a marriage registration system through the SIMKAH website by providing guidance to prospective couples to register their marriages in SIMKAH, hoping to facilitate the marriage registration process at the Office of Religious Affairs. This research employs a qualitative research method located at the Office of Religious Affairs in Ujung Bulu Sub-District, Bulukumba Regency, utilizing a juridical and normative Islamic approach based on field observations. Data sources used include observation, interviews, and documentation. The implementation of marriage administration services at the Office of Religious Affairs through the SIMKAH website provides easy access for prospective couples, and the process is relatively quick. The community feels that marriage registration now is very good, especially as it minimizes data falsification, a problem that occurs frequently, and allows for checking identity data errors of prospective couples. The issues or challenges felt by the community and employees at the Office of Religious Affairs in Ujung Bulu Sub-District include network-related problems that can slow down the verification of marriage registration documents.]]>
<![CDATA[ANALISIS PELAKSANAAN SEMA NO. 2 TAHUN 2019 TERHADAP PEMENUHAN HAK-HAK PEREMPUAN PASCACERAI GUGAT ]]>
<![CDATA[Handayani, Nurilma]]>;
<![CDATA[Ridwan, Muh Saleh]]>;
<![CDATA[Ishak, Nurfaika]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.37782
<![CDATA[The main problem in this research is the fulfillment of post-divorce women's rights that have not been fully fulfilled. For this reason, this research aims to analyze the fulfillment of women's rights after the divorce lawsuit in terms of the implementation of SEMA No. 2 of 2019 at the Sungguminasa Religious Court Class IB Kab. Gowa. This research uses normative research supported by empirical research and describes the results of research with qualitative methods in collecting data using descriptive qualitative methods, namely collecting data from respondents. Data collection methods are observation, interviews and documentation methods. The data analysis technique used in this study is a qualitative descriptive analysis technique. Based on the results of this study indicate that the implementation of SEMA No. 2 of 2019 as an effort for women to guarantee their rights after a divorce lawsuit has not been effective in its implementation at the Sungguminasa Religious Court. Implementation of SEMA No. 2 of 2019 at the Sungguminasa Religious Court still encounters many obstacles. The inhibiting factors are: 1) The absence of one of the parties in the trial so that the judge cannot dig up the facts; 2) The wife (plaintiff) cannot provide proof of income/salary slip of the husband (defendant) as a reference for the judge in determining the husband's ability; 3) There is still a lack of public knowledge of the SEMA.]]>
<![CDATA[REKONTEKSTUALISASI HUKUM PERNKAHAN BEDA AGAMA DAN STATUS ANAKNYA DI INDONESIA ]]>
<![CDATA[Juhari, Andi Rezal]]>;
<![CDATA[Asni]]>;
<![CDATA[Kurniati]]>
<![CDATA[ Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/qadauna.v5i1.41852
<![CDATA[This articel discusses how the law and status of marriage differs from religion to child according to Islamic law and positive law in Indonesia. Beginning with a lot of polemics about the marriage of different religions and the status of her children. Especially when the government closed the gap through a Constitutional Court ruling and prohibited judges from accepting applications for registration of non-religious marriages. Then it is necessary to reconstruct the law in order to harmonize the Islamic law with the positive law as a solution to the problem. This type of research is empirical normative research with a juridical, normative and sociological approach. Technical data collection through literary studies and interviews with contemporary South Sulawesi scholars. The analysis technique used is qualitative analysis. The results of the study show that marriages between different religions are legally prohibited, while in Islamic law, contemporary scholars have a khilafist status. So, the form of recontextualization is; 1). The law of different religious marriages today in Indonesia should be permitted with a record in emergency, and marriage that has continued can still be cancelled but must take into account the condition of the child; 2). The marriage status of a child of a different religion can only be passed on to a parent of a new religion, except for a child from a marriage of different religion is permitted; 3. The rights of children from marriages of different religions must be fulfilled by the State and the people around them as well as children in general. The implication of this study is that the government should make changes to the Compilation of Islamic Laws which contains the provisions of marriage of different religions strengthened with the PERMA that contains guidelines for judges to approve marriages of different faiths of an emergency nature. As well as revoking SEMA No. 2 of 2023 for indicating discriminatory occurrences in society.]]>
