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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 227 Documents
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FAKTOR SOSIOLOGIS QAŪL QADĪM DAN QAŪL JADĪD (ANALISIS EKSPEDISI INTELEKTUAL IMAM SYAFI’I) Zainal Abidin; M. Chiar Hijaz; St. Risnawati Basri
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i2.37600

Abstract

This research examines the social aspects of the dynamics of qaul qadim and qaul jadid of Imam Syafi'i. The main mission of this research is to get to know the figure of Imam Syafi'i, to see the dynamics of his thinking and the sociological factors behind the dynamics of his thinking. This type of research is descriptive qualitative research, because it accommodates concepts and ideas in information management. The information base studied came from a prominent scholar, namely Imam al-Shafi'i. The collected information is processed using a qualitative method, after which it is analyzed using critical analysis. The results of the research show that the figure of Imam Shafi'i was born in Gazza (a region near Palestine) in 150 H-204 H. In the phase of the journey of thought of Imam Shafi'i (Iraq and Egypt) gave birth to a concept of thought called qaul qadim and qaul Jadid. According to some opinions, the trigger for the dynamics of al-Shafi'i's view is due to: Differences in verses or hadith used as evidence; Viewpoints in mastering verses or hadiths that are not the same; Comparison of thoughts on the existence of ijma'; Comparison of asl (principal) and illah (reason) on the qiyas used and comparison of thoughts on the position of qaul shahabi. Apart from that, other aspects that sparked al-Syafi'i's view were Geographical Aspects, Cultural/ Customs Aspects and Scientific Aspects.
IMPLEMENTASI BIMBINGAN KELUARGA SAKINAH BAGI KETAHANAN RUMAH TANGGA DI KUA Muh. Askar Sudana; A. Qadir Gassing; Abdul Syatar
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.27774

Abstract

AbstractThis study aims to determine how the implementation of sakinah family guidance for household resilience in KUA Maniangpajo District, Wajo Regency. The method used is descriptive qualitative in the form of field research. Data collection methods used are observation, interviews and documentation. The data analysis technique used is the Miles and Huberman model which consists of: data collection, data reduction, data presentation, and drawing conclusions/verification. The results showed that the efforts made by KUA in realizing a sakinah family for household resilience in Maniangpajo District, Wajo Regency, were through the development of religious aspects, aspects of preparing a quality generation and health aspects of prospective brides through the guidance of the sakinah family. The supporting factors in realizing a sakinah family are the rights and obligations between family members, the local government support for fostering a sakinah family, the existence of supporting facilities and infrastructure to provide counseling for sakinah family guidance for household resilience, and the community in particular and prospective brides who participate. Counselors always receive directions from the sakinah family guidance counselor for the resilience of the household. The inhibiting factor is the low understanding of Islam, understanding of creating a quality generation and understanding of health. The implications of the research are for guidance participants to understand and implement the material presented, to KUA Maniangpajo District to innovate in disseminating activities, and to the Wajo Regency government to impose sanctions on participants who do not follow the directions of the presenters.Keywords: Sakinah Family Guidance, Household Resilience.
ANALISIS PEMAHAMAN MASYARAKAT SUKU KAJANG TERHADAP PERCERAIAN DITINJAU DARI UU NO. 16 TAHUN 2019 Syahrun Nur; Qadir Gassing; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.29167

Abstract

The main problem in this study is how the Kajang community understands about Law No. 16 of 2019 concerning marriage. Chapter VIII of marriage dissolution (divorce) with sub problems: 1) How is the knowledge of the Kajang Tribe Community in the practice of divorce adopted in Law No. . 16 of 2019? 2) How are the efforts of the Bulukumba Regency Religious Court in providing an understanding of Legal Divorce in terms of Law no. 16 of 2019? The type of research used is qualitative research with a normative theological approach, juridical and empirical law. Data collection methods consist of observation, interviews and documentation. The results or data obtained are then collected with three stages of data analysis including data reduction, data presentation, and drawing conclusions. The results of the study explain that some of the Kajang people already know about the divorce practice adopted in Law no. 16 of 2019. The Kajang Tribe community is able to know how the legal divorce practices adopted in Law no. 16 of 2019. Of course the position of Law no. 16 of 2019 has been used as a reference for the Kajang people in carrying out legal divorce practices. However, this must also be based on regulations and policies from customary law that applies in the Ammatoa Kajang Customary Area or commonly called Pasang ri Kajang. The efforts made by the Religious Court of Bulukumba Regency in providing understanding to the Kajang Tribe Community of Bulukumba Regency towards Legal Divorce are reviewed from Law no. 16 of 2019 is to carry out socialization and divorce assistance. The socialization aims to make the Kajang people understand about state legal regulations, especially for the legal process or practice of divorce. On the other hand, assistance is carried out because it is the duty and policy of the Religious Courts in providing guidance to the public regarding Law no. 16 of 2019 and the Kajang Tribe is no exception. The implications of the research include 1) It is hoped that it will be able to explain the extent to which the Kajang Tribe's understanding of Law no. 16 of 2019 concerning divorce in Tana Toa Village, Kajang District, Bulukumba Regency. 2) As material for the Bulukumba class II Religious Court and the Bulukmba Regency Government to give more and special attention to the Kajang Tribe community to be able to understand and know every applicable law, one of which is Law no. 16 of 2019 regarding divorce.
TINJAUAN HUKUM ISLAM TERHADAP UPAYA KANTOR URUSAN AGAMA KECAMATAN DUAMPANUA KABUPATEN PINRANG DALAM MEWUJUDKAN KELUARGA SAKINAH Firman; Muh. Saleh Ridwan; Hartini Tahir
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.29270

Abstract

This research discusses the review of Islamic law regarding the efforts of the religious affairs office of Duampanua District, Pinrang Regency, in creating a sakinah family. The purpose of this research is to determine the implementation of family counseling at the Religious Affairs Office, Duampanua District, Pinrang Regency, and to determine the review of Islamic law regarding the realization of a sakinah family. This research uses a qualitative method with normative theology. The data collection method used is observation, interviews, and questionnaires. Data processing and analysis techniques were carried out through data reduction, data display, and conclusion drawing and verification. The results of this study indicate that the type of counseling that is carried out is face-to-face, dialogue, and through discussion. The people of Duampanua District who are not married receive guidance every Monday and Thursday, while the people of Duampanua District who are married receive guidance that is programmed every quarter or every 3 months. Overall, the KUA's efforts are in line with one of the goals of marriage in the Quran, namely creating a sakinah, mawaddah, and warahmah family (QS. Ar-Rum: 21).
DISPENSASI NIKAH BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 PADA PENGADILAN AGAMA TAKALAR Abdul Mujib Sawihi; Muh. Saleh Ridwan; Muh. Jamal Jamil
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.29782

Abstract

This research examines the problem regarding applications for marriage dispensation for minors according to Law Number 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage at the Takalar Religious Court and explores the reasons judges grant marriage dispensation and the impact it has. This research includes the type of qualitative research that is descriptive analysis. From the results of the study, it can be concluded that all the reasons and actions taken by the applicant's parents can be prevented by the judge in giving legal considerations or decisions. This is where the role of the judge must be more thorough in viewing cases, making decisions, and providing advice so that child marriage does not happen and is given an understanding to wait until the time is in accordance with Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning marriage, where in Article 7 paragraph (1), men and women can marry if each is of age 19 years old..
TINJAUAN HUKUM ISLAM TERHADAP PERMOHONAN IZIN POLIGAMI KARENA KETIDAKMAMPUAN PELAYANAN KEBUTUHAN SEKSUAL Muh Zuhdi Hamdi Fahmi; Asni; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30097

Abstract

Abstract The main problem that will be studied in this research is the application for a polygamy permit on the grounds of inability to serve sexual needs (Study Decision Number: 663/Pdt.G/2020/Pa.Mrs.). in deciding on case Number: 663/Pdt.G/2020/Pa.Mrs. then the second sub-problem is how to review Islamic law on the decision Number: 663/Pdt.G/2020/Pa.Mrs. The type of research used is a type of Field Research or field research carried out at the Maros Religious Court. This research is also a qualitative research using a normative juridical approach and other legal approaches. The data sources in this study are sourced from primary data and secondary data, then the data is collected through interview and documentation methods. The results of this study indicate: that the judge's legal considerations in deciding case Number 663/Pdt.G/2020/PA Mrs regarding the granting of a polygamy permit are that the applicant has fulfilled faculative reasons according to the provisions of Article 4 paragraph (2) letter (a) in conjunction with Article 57 letter (a). In addition, the applicant has also fulfilled the cumulative requirements in accordance with the provisions of Article 5 paragraph (1) of Law Number 1 of 1974 concerning marriage in conjunction with Article 55 paragraph (2) and Article 58 of the Compilation of Islamic Law. The judge was of the opinion that the reason for polygamy is because of the inability to serve the husband's sexual needs, and the wife cannot carry out her obligations as a wife. Second, the Panel of Judges in making the decision was also guided by Islamic law, namely QS Al-Nisa/4: 3. And also in accordance with fiqh which reads Avoiding mafsadat must take precedence over attracting benefit. The implication of this research is in handling cases related to polygamy permit applications to be more careful and thorough in deciding a case because in this case it can be a legal loophole for a husband to be free to practice polygamy. For people who want to do polygamy, it is expected to think carefully mature before committing polygamy, because later you will be faced with greater responsibilities. If you feel you are unable to act fairly and are unable to meet the needs of your wives and children, then it is enough to marry only one woman, because this is an unjust act. . Keywords: Polygamy, Judge’s Decision, Islamic Law.
ANALISIS PUTUSAN HUKUM PERCERAIAN QABLA AL-DUKHUL PADA KAWIN PAKSA DI PENGADILAN AGAMA SINJAI KELAS II Usnidar Arfah; Andi Muhammad Akmal; Istiqamah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30248

Abstract

The main problem in this research is how to analyze the legal decision regarding qabla al-dukhul divorce in forced marriage at the Class II Sinjai Religious Court. This research is a type of field research with a normative juridical approach. The results of the research show that the factors behind divorce due to forced marriage at the Sinjai Religious Court are generally caused by two factors, namely, the unwillingness to enter into marriage and the factor of infidelity. Regarding the divorce trial mechanism for qabla al-dukhul due to forced marriage at the Class II Sinjai Religious Court, it is generally the same as the divorce trial mechanism, which refers to the divorce procedures regulated in Articles 39–41 of the Republic of Indonesia Law No. 1 of 1974 concerning marriage and Government Regulation No. 9 of 1974 concerning the Implementation of the Marriage Law, and in Articles 129–148 KHI. The legal consequences of Qabla al-Dukhul's divorce are discussed in decision number 306/Pdt.G/2019/PA. SJ do not have legal consequences due to the dissolution of the marriage because the husband did not sue, the marriage had only lasted 7 days, and the wife left her husband and did not want to return. Again. The judges' considerations in deciding divorce cases are guided by Article 39 of the Republic of Indonesia Law No. 1 of 1974 concerning marriage, the opinion of fiqh experts in the book al-Iqna Juz II, page 133, and Qaidah Fiqhiyah. Based on these basic considerations, the author can conclude that decision number 306/Pdt.G/2019/PA Sj has taken philosophical, juridical, and sociological considerations in accordance with justice, expediency, and legal certainty.
PERAN HAKIM PENGADILAN AGAMA PANGKAJENE DALAM PENCEGAHAN PERNIKAHAN DI BAWAH UMUR MELALUI PERKARA DISPENSASI NIKAH Nur Mutmainna Dio Asriani; Asni; St. Nurul Fatimah Tarimana
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30343

Abstract

Pokok permasalahan dari penelitian ini adalah bagaimana Peran Hakim dalam mencegah pernikahan di bawah umur melalui penyelesaian perkara dispensasi nikah di Pengadilan Agama Pangkajene? Adapun rumusan masalahnya yaitu: 1) Apa faktor penyebab terjadinya pernikahan di bawah umur di Kabupaten Pangkajene dan Kepulauan?, 2) Bagaimana upaya Hakim Pengadilan Agama Pangkajene dalam mencegah pernikahan di bawah umur melalui penyelesaian perkara dispensasi nikah di Pengadilan Agama Pangkajene?. Jenis penelitian yang digunakan dalam skripsi ini yaitu penelitian lapangan menggunakan pendekatan yuridis empiris. Sumber data yang digunakan Penulis yang pertama sumber data primer dan kedua sumber data sekunder. Hasil penelitian yang dilakukan oleh Penulis yaitu 1)Faktor utama permohonan dispensasi nikah di pengadilan agama pangkajene yaitu kurangnya pemahaman masyarakat mengenai dampak pernikahan dini. 2) Upaya hakim dalam melakukan pencegahan pernikahan dini yaitu menasehati orang tua mengenai dampak yang ditimbulkan ketika melakukan pernikahan dibawah umur sesuai PERMA No 5 Tahun 2019. Implikasi penelitian yaitu, para Hakim dan Akademisi diharapkan dapat memberikan pengenalan dan penyuluhan secara merata kepada masyarakat terkait Undang-Undang Perkawinan. Untuk Pemerintah daerah diperlukan melakukan sosialisasi kepada masyarakat mengenai dampak pernikahan dini. Para Pemuda mendirikan organisasi pemuda/remaja yang bergerak pada bidang pencegahan pernikahan dini. Kata Kunci: Hakim, Pernikahan di Bawah umur, Dispensasi Nikah
PERAN KANTOR URUSAN AGAMA (KUA) DAN TOKOH MASYARAKAT DALAM MENCEGAH PERNIKAHAN DINI DI KECAMATAN LIBURENG KABUPATEN BONE TAHUN 2020-2021: Bahasa Indonesia Fajar Nessa; Asni; Zulhasari Mustafa
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30401

Abstract

Abstract In writing this thesis, the research was conducted with the aim of knowing 1. The role of the Office of Religius Affairs in Preventing Early Marriage in Libureng District, Bone Regency. 2. The Role of Community Leaders in Preventing Erly Marriage.This Research is Classified as field research or field research with the research approach used is the syar’i and empirical approach. The data sources of this research are primary data sources and secondary data by conducting interviews with several communities in Libureng sub-district, especially in Ponre-Ponre Village. The data analysist technique used is qualitative analysist, namely analyzing data by describing in detail the reality or reality of an object in the from of sentences. The result showed that (1) Efforts made by the Office of Religious Affairs Libureng District, Bone Regency in Preventing Early Marriage, namely Socialization with the Community that Underage marriage is not allowed and Conducting a Guidance Program for Community Leaders in order to minimize the very high rate of early marriage. Concerning (2) the role of community leaders in preventing early marriage, namely, getting involved in socialization about early marriage, in collaboration with the health sector, forming Youth Family Development, in collaboration with religious leaders and every villager is required to come to the village hall to take care of the administration marriage license.The cause of early marriage is due to the disharmony of a family member relationship, and the exsistence of economic factors, eeducation, customs, namely by getting their children married even though they are still underage.The implication of this research is that it is necessary to conduct socialization related to the marriage law and convey the negative impacts of early marriage and institutions should be selective because many people still do not know that underage marriage is not allowed. Keywords: Religious Affairs Office, Prevention, Early Mariage
PENERAPAN ASAS SEDERHANA, CEPAT, DAN BIAYA RINGAN DALAM PENYELESAIN PERKARA WARIS DI PENGADILAN AGAMA SUNGGUMINASA KELAS 1B Ahmad Waliyuddin Hasanuddin; Lomba Sultan; Ibnu Izzah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 4 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v4i3.30420

Abstract

This research discusses the application of simple, fast, and low-cost principles in resolving inheritance cases at the Sungguminasa Class IB Religious Court. This research is a type of field research and qualitative research with an empirical legal approach. The results of the research show that the application of the principles of simplicity, speed, and low cost in inheritance cases at the Sungguminasa Class IB Religious Court has been well implemented, but especially in inheritance cases, it is very difficult to apply the principles of simplicity, speed, and low cost. low cost. There are several factors that hinder the simple, fast, and low-cost principles from being maximized at the Sungguminasa Class IB Religious Court, namely differences in the area of residence of the parties involved in the case, the summoning of the parties, and the use of lawyers. As an implication, for those who bring inheritance cases to the Sungguminasa Class IB Religious Court, especially in the case of the settlement process, to avoid complicating the process, the defendant should know how to proceed. The application of the principle of simple, fast, and short life is possible because our own decision as litigants is to make peace before a judge.

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