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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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TOXIC PARENTS DALAM TINJAUAN HUKUM KELUARGA ISLAM Nurfadhila Yunus; Supardin; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i3.30911

Abstract

This article attempts to examine toxic parents from the perspective of Islamic family law, covering several aspects, including the impact of toxic parents on children, the existence and implementation of Islamic family law regarding toxic parents. This research is a type of library research with a normative juridical and sharia approach. The findings indicate that the parenting applied by parents who practice incorrect parenting patterns clearly contradicts what is regulated in Islamic family law and/or marriage law, as well as what has been commanded by the Prophet Muhammad (PBUH) in raising and caring for children. Incorrect parenting can have negative impacts on a child's development, as regulated in Law No. 1 of 1974 concerning Marriage, Article 45, paragraph 1, which states that both parents are obliged to care for and educate their children to the best of their ability. The Prophet Muhammad (PBUH) recommended caring for children with love and fulfilling all rights and duties as parents. In this context, the government needs to take firm action in imposing sanctions on parents who engage in physical or verbal abuse in raising children. Additionally, parents should prioritize their obligations and duties in nurturing and educating their children to ensure that all of the children's rights are fulfilled.
IMPLEMENTASI PEMBAGIAN HARTA WARISAN PADA MASYARAKAT ISLAM Teguh Dermawan; Supardin; Istiqamah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.31101

Abstract

This study discusses the Implementation of the Division of Heritage Assets in the Islamic Community of Papalang District, Mamuju Regency (Case study 2020-2022). From the subject matter, the author formulates several sub-problems. First, the understanding of the Islamic community of Papalang district about inheritance and the second, the problem of the division of inheritance in Papalang District, Mamuju Regency. The type of research that the author uses is field research or can also be called qualitative research, field research carried out by observation methods, interviews, and describing the facts that occur in the field with the legal research approach used, namely the juridical normative approach and the empirical approach, which is an approach related to the Islamic legal view of how the process of inheritance division is. The second approach is an approach related to direct observation made by researchers to see and observe habits in the community about the process of distributing inheritance assets. The results of this study show that in fact, people tend to prefer to divide inheritance with customary and customary laws. This is done by the community for generations because the method used will further minimize disputes between heirs. The custom of the Islamic community in Papalang District was formed due to the lack of understanding of Islamic law which gave birth to the paradigm that the division of inheritance property does not have to be with Islamic law because the obligation is not like other worship services such as prayer, fasting, zakat etc. The implication of this study is that it is expected that all elements can abandon all forms of customs outside of Islamic law. In addition, the government must also take part and play an active role in providing a forum in the form of socialization so that people who do not understand can be enlightened and return to Islamic law. And it is also hoped that this research can provide legal references in the process of dividing inheritance assets
AKULTURASI NILAI HUKUM ISLAM DALAM TRADISI MAPPACCI PADA MASYARAKAT DESA LIMAPOCCOE KABUPATEN MAROS Asma, Fauziah; Alwi, Zulfahmi; Ibnu Izzah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.31221

Abstract

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
TRADISI FOKOMPA KAMPANA’A DALAM PROSESI PEMINANGAN PADA MASYARAKAT SIOMPU BUTON SELATAN PERSPEKTIF HUKUM ISLAM M. Miswar Zarah; Lomba Sultan; Muh. Jamal Jamil
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.31635

Abstract

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.
EFEKTIVITAS SIDANG KELILING TERHADAP PENERAPAN ASAS, SEDERHANA, CEPAT DAN BIAYA RINGAN Nur Ita Wahyuni; Halim Talli; Muhammad Fajri
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.32244

Abstract

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.
PERILAKU PENYIMPANGAN SEKSUAL DALAM PERKAWINAN PERSPEKTIF HUKUM ISLAM Hidayat, Herdi; Asni; Hilal, Fatmawati
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.32378

Abstract

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.
PANDANGAN ‘URF TERHADAP PROSESI ADAT KARIA PADA MASYARAKAT MUNA DI KELURAHAN LAIWORU KECAMATAN BATALAIWORU KABUPATEN MUNA Mohasa, Muhammad Fajri; Musyfikah Ilyas; Abdul Syatar
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.32862

Abstract

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
PERAN BADAN AMIL ZAKAT NASIONAL DALAM PEMBANGUNAN DAN PENGEMBANGAN PENDIDIKAN DI BULUKUMBA Jabal Nur; Siti Aisyah; Musyfikah Ilyas
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 3
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i3.33088

Abstract

The focus of this research is on the utilization of zakat in the field of education by the National Amil Zakat Agency (BAZNAS) in Bulukumba and the challenges it faces in the management and distribution of zakat funds in Bulukumba. This research is a field study, descriptive in nature, with an empirical juridical and sharia approach. The results show that the role of zakat in the development and enhancement of education in Bulukumba, managed by BAZNAS Bulukumba, can be seen from the effectiveness of educational programs, which include assistance for study completion, tuition assistance for underprivileged and high-achieving students, provision of uniforms and school supplies for students, distribution of smart bag packages for impoverished students, assistance for tahfiz teachers, renovation and construction of pesantren (Islamic boarding schools) and madrasah (Islamic schools), mosque renovation assistance, and more. Through these assistance programs, educational development in the Bulukumba region has progressed, helping to reduce or prevent school dropouts, neglect, illiteracy, and the lack of formal education among children.
PENGANGKATAN ANAK BAGI ORANG TUA DITINGGAL MATI SUAMI DALAM PERSPEKTIF HUKUM ISLAM Edi Ardiansa; Sultan, Lomba; Fajri, Muhammad
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.35463

Abstract

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.
EKSISTENSI AMMALANGNGANG TOBANG DALAM PERNIKAHAN PERSPEKTIF HUKUM ISLAM ( STUDI KASUS DESA LANGKURA KECAMATAN TURATEA KABUPATEN JENEPONTO Tanri, Justamin; Asni; Siti Nurul Fatimah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 5 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v5i1.35853

Abstract

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.

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