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Nurfaika Ishak
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Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 27163245     EISSN : 27161994     DOI : https://doi.org/10.24252/qadauna
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
QadauNa: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam yang diinisiasi untuk menampung dan mengoptimalkan minat menulis mahasiswa di bidang hukum islam dan hukum umum yang memiliki keterkaitan dalam masyarakat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol 7 No 2" : 4 Documents clear
PERKAWINAN PAKSA DALAM MASYARAKAT BONE DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF fahlevi, Andi Fairuz Elisya; Ridwan, Saleh; Ishak, Nurfaika
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 7 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

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Abstract

This study aims to analyze the practice of forced marriage in the community of Lamakkaraseng Village, Bone Regency, and to examine its compatibility with Islamic law and Indonesian positive law. This research employs a qualitative approach with a field research design, using observation, in-depth interviews, and documentation as data collection techniques. The findings reveal that both Islamic law and positive law firmly reject the practice of forced marriage, as it contradicts the fundamental principle of consent between the prospective bride and groom. In Islamic law, consent constitutes an essential requirement for the validity of a marriage contract, while in positive law, it is regulated under Law Number 1 of 1974 and Law Number 12 of 2022 on Sexual Violence Crimes, which categorizes forced marriage as a criminal offense. The main contributing factors to this practice include parental dominance, economic pressure, as well as cultural and social legitimization. The impacts are not only social and legal but also psychological, particularly for women as victims. Therefore, strengthening public legal awareness and enhancing the protection of individual rights in choosing a life partner freely are crucial.
Pemenuhan Nafkah Materiil Narapidana Terhadap Keluarga di Lembaga Pemasyarakatan Kelas II A Bulukumba Perspektif Hukum Islam Azisah, Wafiq; Asni; Kiljamilawati
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 7 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

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Abstract

This study aims to analyze the fulfillment of spousal financial support by prisoners toward their families in Class II A Bulukumba Correctional Institution from the perspective of Islamic law. This research is classified as qualitative in the form of a field study by applying an empirical approach. The data sources are interviews and documentation of prisoners and prison employees. The results of this research indicate that 1) efforts to fulfill the material needs of husbands as prisoners for their families in the Class II A Bulukumba Penitentiary are working in the prison, collaborating with families and utilizing savings. 2) the prison's strategy in helping prisoners in fulfilling their material needs is the existence of an independence development program such as carpentry activities, vehicle washing, plantations, wages from work will be given to prisoners. 3) The view of Islamic law regarding the fulfillment of the husband's livelihood who is a prisoner towards the family, in the Qur'an and the majority of scholars that the livelihood must still be given to the wife adjusted to the husband's ability because of the husband's limitations in fulfilling his obligations, most importantly the husband has tried to provide a living even though it is relatively small. The implications of this study are: 1) the prison should develop an independence development program that focuses on work skills that have high economic value. 2) maintaining cooperation between agencies, both government and private agencies and job training institutions. 3) the importance of a wife to reduce dependence on her husband, so that she can face unexpected situations, such as legal problems that befall her husband without feeling burdened.
TANGGUNG JAWAB AYAH KANDUNG TERHADAP NAFKAH ANAK SETELAH PERCERAIAN DALAM TINJAUAN UU NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Khairunnisa; Sanusi, Nur Taufik; Kiljamilawati
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 7 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v7i2.57341

Abstract

Abstract Abstract The main problem in this thesis is how is the responsibility of the biological father for child support after divorce in the Review of Law Number 23 of 2003 concerning Child Protection (Case Study of Jampu Village, Liliriaja District, Soppeng Regency). The sub-problems are 1) How is the legal protection of children's rights after divorce according to Law Number 23 of 2002 concerning Child Protection in Jampu Village, Liliriaja District, Soppeng Regency? 2) What are the impacts and legal consequences of the biological father's negligence in providing the right to child support after divorce according to Law Number 23 of 2002 concerning Child Protection in Jampu Village, Liliriaja District? This type of research is classified as qualitative with the research approaches used are: normative Syar'i, juridical, and sociological. The data sources for this research are primary data sources and secondary data sources. Furthermore, the data collection methods used are observation, interviews, and documentation. Then, data processing and analysis techniques are carried out through three stages, namely: data reduction, data presentation, and drawing conclusions. The results of this study indicate that legal protection of children's rights after divorce in Jampu Village, Liliriaja District, Soppeng Regency has not been implemented properly, this is due to the economy and lack of public awareness and understanding of children's rights after divorce through an execution application at the Religious Court. And the negligence of the father in fulfilling his obligations to child support after divorce has a significant impact on the child's life, both in terms of finance, psychology, health, social, and emotion. Some children even drop out of school due to the economic limitations experienced by their mothers. Legally, fathers who neglect to provide support to children can be subject to criminal sanctions based on Law Number 35 of 2014 concerning Child Protection, with a maximum prison sentence of 5 years and/or a maximum fine of 100,000,000.00 Keywords: Consists Child Support, Child Protection, Father's Responsibility
DINAMIKA EFIKASI DIRI PENGASUHAN IBU MELALUI KONTEN MEDIA SOSIAL: STUDI HUKUM ISLAM PADA FOLLOWERS INSTAGRAM @igdailyjour Humairah Al Fatihah Nur Fajry; Zulhas'ari Mustafa; Andi Herawati
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 7 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v7i2.63518

Abstract

Parenting self-efficacy is a crucial factor in shaping the quality of parental caregiving. One of its key sources is vicarious experience, obtained through observing others’ parenting practices, including through social media content such as Instagram. This study aims to examine the dynamics of maternal parenting self-efficacy among followers of the @igdailyjour account and to analyze it from the perspective of Islamic law. This research is a field study employing a qualitative approach with a case study method, using in-depth interviews and content observation as data collection techniques. The findings indicate that parenting content shared by the account contributes to strengthening mothers’ parenting self-efficacy, particularly in enhancing their confidence, understanding, and daily caregiving practices. The parenting approach presented reflects values that align with Islamic principles of caregiving, such as compassion, patience, and responsibility. From the perspective of Islamic law, the use of social media as a source of parenting information may be considered a form of ikhtiar (effort) in fulfilling parental responsibility, which is deemed permissible (mubah) as long as it does not contradict Islamic principles.

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