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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 228 Documents
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PENYELESAIAN PERKARA KUMULASI GUGATAN ITSBAT NIKAH DAN CERAI GUGAT (STUDI KASUS PENGADILAN AGAMA SIDENRENG RAPPANG KELAS II) Hermayanti, Riska; Talli, Halim; Fajri, Muhammad
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.31050

Abstract

This study discusses the settlement of cases of cumulative marriage and divorce lawsuits (case study of the Sidenreng Rappang Religious Court Class II). This study aims to find out how the process of settling the cumulative lawsuits for itsbat marriage and divorce lawsuits and how the basic legal considerations used by judges in resolving cases of cumulative lawsuits for itsbat marriage and divorce lawsuits. The type of research used is qualitative research which analyzes qualitative data so that the research is in accordance with the facts on the ground. The approach used is a normative juridical approach with data collection methods, namely documentation and interviews. The results of the study revealed that the process of the accumulation of marriage itsbat and divorce lawsuits at the Sidenreng Rappang Religious Court was broadly resolved in several stages, namely: The process of examining the marriage itsbat case. The mediation process is assisted by the panel of judges. Divorce proceedings. The deliberation meeting of the panel of judges and the reading of the decisions. The judge's consideration in deciding cases of itsbat marriage and divorce is based on the evidence and facts that the panel of judges got.
TRADISI MAPPENRE DUI’ DALAM PERNIKAHAN SUKU BUGIS PERSPEKTIF 'URF DI DESA MANURUNG KECAMATAN BOLA KABUPATEN WAJO Asma Yunitah Alwi; Musyfikah Ilyas; Nurfaika Ishak
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.36737

Abstract

This study explores the mappenre dui’ tradition in Bugis weddings from the perspective of ‘urf in Manurung Village, Bola Subdistrict, Wajo Regency. It focuses on the process and significance of this tradition in Bugis marriage customs based on the concept of ‘urf. This field research employs a qualitative approach, utilizing documentation and interviews as data collection methods. The findings indicate that the people of Manurung Village practice the mappenre dui’ tradition as part of their cultural heritage, passed down through generations. It is an essential tradition, not only as a form of respect for women but also because it is primarily used to fund the entire wedding process. The mappenre dui’ ceremony includes several stages: mammanu’-manu’, followed by madduta (discussing the acceptance of the proposal, determining the dowry, wedding day, and the date for mappenre dui’), mappettuada (agreement), mappasiarekeng, and finally, the mappenre dui’ procession. From the perspective of ‘urf, each stage of the mappenre dui’ tradition aligns with Islamic law, categorizing it as ‘urf shahih.
URGENSI PEMBERIAN EDUKASI PRA NIKAH DAN ILMU PARENTING TERHADAP CALON SUAMI ISTRI PERSPEKTIF HUKUM ISLAM Nerli Citra Lestary; Ridwan, Muh. Saleh; Mapuna, Hadi Daeng
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.37888

Abstract

Marriage is not only about biological needs, but also involves the parents of both parties, their siblings, even their respective families, and many other things that must be known in navigating the household ark, including the obligations and rights of the husband towards his wife, and vice versa. Apart from that, their obligations and rights will increase when they have children. As parents, it is their duty to provide for their children's needs, love, nurture, and assist their children in every development. For every prospective bride and groom, both prospective husbands and prospective wives must participate in pre-marital education, which discusses life in living a married life, starting from providing material related to husband and wife to discussing parent-child. It is very importantto know how the implementation and impact of providing pre-marital education and parenting knowledge. In this research, the field research method is used, with data collection techniques by means of interviews and documentation. Therefore, it is very important and influential for prospective brides who will become husband and wife to follow and accept the provision of pre-marriage education and parenting knowledge as provisions before living life after marriage, so every prospective bride is expected not to underestimate or underestimate one of these stages.
PENGGUNAAN TULISAN DALAM AKAD NIKAH TUNA WICARA PERSPEKTIF MASYARAKAT BANJAR DAN WAHBAH AZ-ZUHAILI Hafidzi, Anwar; Whulansari, Sisca
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.39130

Abstract

This study discusses the priority between writing and gestures in the marriage contract of individuals with speech impairments. In practice, sometimes the use of writing is prioritized, but there are also those who prefer gestures. The purpose of this research is to understand how the Banjar community views the priority of using writing in the marriage vow for individuals with speech impairments, and how Wahbah Az-Zuhaili's perspective in Kitab Fiqh al-Islami wa Adillatuhu relates to the priority of using writing in the marriage vow for individuals with speech impairments.This is an empirical legal study, where data is collected through interviews and literature review. The findings of the study show that some members of the Banjar community prioritize gestures because they are considered more practical, while others choose writing due to concerns that gestures may not be clearly understood. Despite the differences in opinion, there is consensus that the marriage is still valid as long as the conditions and pillars of the marriage contract are fulfilled. Meanwhile, in Kitab Fiqh al-Islami wa Adillatuhu, Wahbah Az-Zuhaili states that writing is prioritized in matters of divorce (thalaq) and declaration (iqrar) because it holds the same level of importance as a clear (sharih) statement. However, using or prioritizing gestures is also acceptable, and the marriage remains valid as long as the conditions and pillars of the marriage contract are met.
ANALISIS HAK-HAK ISTRI NUSYUZ PASCA PERCERAIAN Inayah Anugerah Ulfatunnisa; Asni; Fatimah, Siti Nurul
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.40148

Abstract

This study discusses the analysis of the rights of nusyuz wives after divorce in the decisions of the Class IA Watampone Religious Court (case study of Decision Number 957/Pdt.G/2021/PA.Wtp). Therefore, finally the author explores how the description of the divorce case due to Nusyuz's wife and the legal considerations for the judge in the Watampone Religious Court Decision Number 957 Pdt.G/2021/Pa.Wtp. This type of empirical legal research, sources of data in the field such as observations and interviews. The results of this study reveal that based on the results of the research, in the Compilation of Islamic Law article 80 paragraph (7) which states that the husband's obligations as referred to in paragraph (5) fall if the wife is proven nusyuz. In this case the plaintiff is considered nusyuz so that the plaintiff does not get iddah and madhiyah living but still gets mut'ah (consolation money). marriage with kindness or release (divorce).
PANDANGAN HUKUM ISLAM DAN HUKUM ADAT TERHADAP TRADISI MAPPADENDANG PADA MASYARAKAT SUKU BUGIS Jumria; Kiljamilawati; Jamil, Muh. Jamal
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.46935

Abstract

This study examines the perspectives of Islamic law and customary law on the Mappadendang tradition in the Bugis community of Lasiwala Village, Pitu Riawa District, Sidrap Regency. The research focuses on community views of the tradition and an analysis of its implementation from an Islamic legal perspective. Field research was conducted using sharia and sociological approaches. Primary data were collected through interviews with key informants, while secondary data were obtained from literature and online sources. The findings indicate that most of the community perceives Mappadendang as a cultural obligation performed after the harvest, while a minority considers it unnecessary. From the perspective of Islamic law, the tradition is deemed permissible (mubah) as it aligns with sharia principles and falls under the category of urf. The tradition fosters social benefits, such as strengthening community bonds, without harming non-participants. This study recommends preserving the Mappadendang tradition, particularly by the younger generation, to ensure cultural continuity. Local governments are encouraged to support its preservation through educational programs and cultural promotion.
IMPLEMENTASI HUKUM ISLAM DALAM PENETAPAN HAK ASUH ANAK PASCA PERCERAIAN DI INDONESIA Nurfaika Ishak; Kurniati; Misbahuddin; Muammar M. Bakry; Abd. Rauf M. Amin
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.54941

Abstract

Child custody is one of the crucial aspects in divorce cases, often becoming a dispute between separating spouses. This study aims to analyze how Islamic law regulates child custody and how it is implemented in decisions of the Religious Court in Indonesia through a sociological approach. The research method used is library research, drawing from primary sources such as the Qur’an and Hadith, as well as various relevant scholarly works on child custody determination after divorce based on the enforcement and practice of Islamic law in Indonesia. The findings indicate that, in Islam, child custody is generally granted to the mother. However, its implementation in the Religious Court does not always follow this principle, as custody may also be awarded to the father based on specific considerations. Judges’ decisions regarding child custody take multiple factors into account, with the primary objective of safeguarding the child's best interests and well-being. As victims of divorce, children require protection, care, and affection from both parents to ensure proper growth and development while avoiding harmful psychological effects. Therefore, child custody determination is not solely based on normative texts but also considers the principle of child welfare (mashlahah al-thifl) as a fundamental guideline.
HAK IJBAR DALAM HUKUM KELUARGA ISLAM Nurhalisa; Basri, Rusdaya; Faiz, ABD Karim; Muchsin, Agus
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i2.51828

Abstract

Marriage in Islam, regulated by law and sharia principles, emphasizes the importance of the consent of the bride and groom. However, in Watang Pulu District, Sidenreng Rappang Regency, forced marriages, still occur as a result of the implementation of the right of ijbar. In the Shafi'i School, although the guardian has the right to marry his child, the marriage must be carried out based on consent, not coercion. This study uses a qualitative descriptive method to analyze the practice of forced marriage and its impact on children's mental and physical health. Observations and interviews reveal that forced marriages often end in divorce and unhappiness, ignore individual rights, and cause severe emotional distress to victims. This shows the need for law enforcement and a better understanding of rights in marriage to prevent this practice in society
Dampak Tradisi Ben Ghiben Terhadap Minat Menikah Pada Masyarakat Dusun Pasar Desa Lombok Kulon Kabupaten Bondowoso M. Salman Fikri Ramadhan; Syarafuddin, Muhsan
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i2.52496

Abstract

The Ben Ghiben tradition is a deeply rooted marriage custom in Madurese society, particularly in Dusun Pasar, Lombok Kulon Village, Bondowoso Regency. This tradition involves the prospective groom bringing household items to the bride’s home, reflecting a matrilocal system in which the couple resides at the bride's house. This study aims to examine how the community perceives this tradition, its positive and negative impacts, and its legal standing in Islamic law. The study also focuses on the tradition’s influence on marriage interest among the younger generation, finding that Ben Ghiben is not the main factor driving marriage interest, with mental and financial readiness being more significant. This qualitative research uses in-depth interviews with several sources to understand community perceptions of this tradition. The findings indicate that Ben Ghiben provides positive effects, such as preserving local customs and easing economic burdens, but it can also pose additional financial challenges. From an Islamic law perspective, the tradition is permissible as long as it does not contradict religious principles. This study suggests that the tradition should be preserved, with material requirements adapted through mutual agreements to alleviate the financial burden on the prospective groom.
TINJAUAN HUKUM ISLAM TERHADAP TRADISI MEURI’ BAGI WANITA HAMIL DI PAMBOANG MAJENE Baharuddin; Kiljamilawati; Nur Aisyah
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i2.50604

Abstract

This study discusses the Meuri’ tradition, a hereditary custom practiced by the Mandar community in Pamboang District, Majene Regency, specifically performed by pregnant women. The main focus of this research is to examine the tradition from the perspective of Islamic law. The sub-issues explored include the origin of the Meuri’ tradition, its implementation process, and how Islamic law views this practice. The research employs a qualitative method with sociological and Sharia approaches. Primary data were obtained through interviews with traditional leaders and local community members, while secondary data came from government documents and relevant literature. The findings show that Meuri’ is part of a traditional seven-month pregnancy ritual of the Mandar people, believed to bring blessings to both mother and fetus. The tradition begins with an intention, followed by consultation with a sando (traditional birth attendant) to determine the appropriate time for the ceremony, along with preparations of necessary items. Islamic elements in the tradition are reflected through the recitation of barzanji, salawat (praises to the Prophet), and the use of basmalah (invocation) at the start. This tradition embodies positive social and spiritual values. The study is expected to enrich local cultural references and encourage communities to maintain social bonds and reinforce Islamic values within cultural practices.

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