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Nurul Adliyah
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Program Studi Hukum Keluarga Fakultas Syariah, Jl. Agatis, Balandai, Kota Palopo, Sulawesi Selatan, 91914
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INDONESIA
MADDIKA: Journal Of Islamic Family Law
Published by Institut Agama Islam Negeri Palopo
ISSN : 18298893     EISSN : 27757161     DOI : https://dx.doi.org/10.24256/maddika.v1i2.1745
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Maddika publishes articles on Islamic Family Law, covering both literary and fieldwork studies. The journal puts emphasis on aspects related to Islamic Family Law studies. Maddika always places Islamic Family Law in the central focus of academic inquiry, and invites any comprehensive observation of Islamic Family Law expressions. The journal, serving as a forum for the study of Islamic Family Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 84 Documents
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ANALISIS PROBLEMATIKA ATAS TANAH WAKAF DI INDONESIA Rahmatullah, Rahmatullah
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i1.4013

Abstract

AbstractIndonesia is a large country, with a wide variety of tribes, religions, races and cultures and it is known that the majority of Indonesians embrace the Islamic religion. Wakaf is one of the teachings of Islam that concerns the life of society in the framework of Islamic worship. (ibadah sosial). In fact, the presence of promlematics is associated with the development of society and the management of Wakaf governance, thereby affecting the status of hokum to the utilization or survival of the wakaf object.
NAFKAH DALAM KONTEKS HUKUM ISLAM Idin, Andi Muhammad; Mustaming, Mustaming
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i1.4837

Abstract

The purpose of writing this journal is to find out the concept of nafkah in Islam as well as the scope of legal aspects that govern, and its implications in everyday life. The research method in this study uses This type of research is descriptive qualitative using a literature study approach (Library Research). Library studies describe theoretical analysis, scientific studies, references, and literature related to local community habits, norms, and values that are built on the observed field conditions. With the method of collecting data and facts of information and exploring the sources contained in journals and scientific papers, encyclopedias, literature, and other data sources related and relevant to the topic, the formulation of the concept of Maqasid sharia in sharia retail marketing management can be formed through pre-existing theories. The research results in this study show that the concept of nafkah in Islam is not only about providing material needs but also includes broader aspects of life. The husband as the head of the family has a responsibility to his wife and children, a husband has obligations that Allah has set, including the rights of his wife and children that must be fulfilled, including the obligation to provide maintenance. The nafkah agreed upon by Islamic jurists is nafkah which is mentioned in the nash-nash syar'i and is a primary need in life for the wife. Understanding and implementing this concept is expected to improve the welfare of the people and strengthen the foundation of family life.
PERWALIAN DAN ISU-ISU KONTEMPORER Khair, Uslyfatul
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i2.4844

Abstract

This article reviews trusts. Guardianship is one of the important problems among the people of Indonesia which relies on the law that regulates the relationship between individuals called civil law, by looking at the growth of cases of the discovery of babies who do not have parents, of course the laws related to and regulating these matters must be neatly arranged to be able to solve these things, even though in the State of Indonesia there are already rules that regulate this, However, the author feels that it is still necessary to conduct legal research by comparing the new rules with the old rules, so that the author can find out whether the current rules have added value from the previous rules or vice versa.
HUKUM WARIS ISLAM DAN PLURALISME HUKUM Ernik, Ernik; Assaad, Andi Sukmawati; Kamal, Helmi
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i1.4861

Abstract

Islamic Inheritance Law is a law that regulates the inheritance of the property of someone who has died given to the rightful, such as family and community who are more entitled or can be interpreted as a law that regulates the transfer of something from someone to someone else in the form of property and knowledge and honor. The provisions that have been outlined by Allah swt are listed in the Qur'an including Surah An-Nisa verse 7, 11, 12 with the existence of this inheritance law coupled with rules explaining the implementation of the Rasullah SAW, then all aspects of its implementation have legal rules. A person who is Muslim is strongly encouraged to divide the inheritance in accordance with what has been revealed in the Qur'an and guided by the Prophet in the hadith. The pluralism of inheritance law in Indonesia was influenced by the receptie theory during the Dutch era. Where until now inheritance law is still pluralistic, there are at least three legal systems that live and develop and are recognized, namely the Customary Law system, the Islamic Law system and the Western Law system. The significant difference that can be seen is that in the system of property distribution in customary law, it can be done before the owner of the property dies. Meanwhile, Islamic law and civil law require death in terms of the division of inheritance.
PEMBERDAYAAN HUKUM WARIS DALAM PERSPEKTIF MASLAHAH MURSALAH Hasrul, Muhammad
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i2.4862

Abstract

This research aims to determine the concept of obligatory will and its application in reviewing maslahah murrasa. Islamic law covers all aspects of human life, for matters in this world and the afterlife. Some contain sanctions and some do not. Legal sanctions are sometimes felt directly in the world like sanctions in general. However, some sanctions are not felt in this world but will be individually responsible for in the afterlife in the form of sin and its retribution. Among the laws governing human relations with others that have been established by God are the rules regarding inheritance. Law regarding the transfer of assets due to death. The existence of inheritance law is very important to regulate the distribution of inheritance regarding who has the right to receive it, how much each share will be, and how it will be distributed. The problems in this research are: (1) How is the obligatory will enforced in Islam? (2) What is the case regarding obligatory wills in religious courts? (3) How is the distribution of substitute heirs in Islam?
KEADILAN DALAM HUKUM WARIS TINJAUAN MASLAHAH MURSALAH Amaliyah, Ilmy; Assaad, Andi Sukmawati; Kamal, Helmi
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i2.4868

Abstract

This article aims to examine the fairness of inheritance law, reviewing maslahah mursalah. Through searching primary and secondary sources, this article finds that inheritance means the transfer of something from one person to another, better known as the transfer of various rights and obligations regarding the assets of someone who has died to another person who is still alive. Men and women have equally strong rights in obtaining inheritance from their parents and their siblings. Therefore the 2:1 division between men and women is fair both from the perspective of inheritance law itself and from the maslahah murlah. by considering Islamic law to avoid undesirable things (harm).
INTEGRASI TEORI SISTEM KELUARGA MURRAY BOWEN DAN TEORI MASLAHAH TERHADAP DAMPAK MULTIDIMENSI LEMAH SYAHWAT BAGI KEHARMONISAN KELUARGA Sugitanata, Arif
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 1 (2024): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i1.4982

Abstract

This study aims to analyze the multidimensional impact of erectile dysfunction on family harmony using Murray Bowen's family systems theory and the theory of maslahah within the context of Islamic law. A harmonious family is ideal for any family unit, where each member feels happy, safe, and comfortable. However, achieving such harmony is not without challenges, one of which is erectile dysfunction, which can exert significant pressure on family relationships. Erectile dysfunction affects not only the physiological aspect of the sufferer but also has psychological and social repercussions, such as feelings of shame, loss of self-confidence, and severe stress that can lead to tension within relationships. This research employs a literature review method with descriptive-analytic analysis techniques. Primary data sources include books, journals, and relevant websites. Bowen's family systems theory is utilized to understand how erectile dysfunction can influence family dynamics, including concepts such as self-differentiation, triangulation, and family projection processes, and the theory of maslahah aids in finding holistic solutions to the impact of erectile dysfunction by emphasizing individual and family well-being in psychological, social, and health aspects. The findings indicate that erectile dysfunction exacerbates family dynamics by increasing emotional stress, altering power patterns, and causing negative projection and triangulation in relationships. From the perspective of maslahah, erectile dysfunction disrupts the well-being of individuals and families, necessitating a holistic approach that includes medical treatment and emotional support, as well as reducing social stigma. Therapeutic strategies that enhance self-differentiation, manage triangulation, and foster open communication between partners are crucial for maintaining family harmony. The integration of comprehensive medical care and support from family and the community is expected to help sufferers cope better with this condition and maintain harmony.
STRATIFIKASI SOSIAL DALAM PERNIKAHAN ADAT TORAJA PERSPEKTIF HUKUM ISLAM Azizah, Nurul Wafiq
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 1 (2024): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i1.5014

Abstract

This article aims to discuss social stratification in traditional marriage in Toraja from the perspective of Islamic law. This research is qualitative, using a sociological and normative syar'i approach. The data was obtained from interviews with religious leaders, traditional leaders, and community figures who are knowledgeable about Toraja traditional marriage. The data collected was systematically analyzed through data reduction, data presentation, and conclusion drawing. The research findings indicate that social stratification in Toraja traditional marriage in Lembang Rumandan is not based on caste but on the ability of the male party. However, the marriage ceremony is still carried out according to tradition to preserve local wisdom, in line with Islamic law. The tradition of Rampanan Kapa' (Toraja Traditional Marriage) is a local wisdom within the Toraja community regarding marriage. Similar to marriage in Islamic law, Rampanan Kapa' also has processes starting from selecting a partner to the marriage ceremony, which in Islam is referred to as walimah al-'ursy. Islam does not reject local wisdom or customs within the community as long as they do not contradict Islamic principles. In fact, Islam places customs in a high position, where customs can be used as a basis for determining a law. Therefore, the Rampanan Kapa' tradition can be accepted and preserved by the community as long as its practice does not contradict Islamic teachings. The processes in the Toraja traditional marriage or Rampanan Kapa' are contextually in line with the marriage process found in Islamic law.  Keywords: Social stratification, Toraja customs, Islamic law.
PANDANGAN HUKUM ISLAM TERHADAP ADAT MADDOJA DI KECAMATAN BAROKO KABUPATEN ENREKANG Adnan, Rahmawati
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 1 (2024): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i1.5107

Abstract

The subject of this study is the process of implementation and views of Islamic law on the Madoja custom in Baroko District, Enrekang Regency. This type of research uses a kind of field research with qualitative research methods, namely direct research into the field to visit the object of research, while the data sources used in this study are primary and secondary data, the data collection techniques in this study are observation, interviews, and documentation, data management techniques, namely editing, and concluding. The subject matter consists of two sub problems, namely how is the procession in the implementation of the Madoja tradition carried out by the people of Fort Alla Utara Village, Baroko District, Enrekang Regency and how does Islamic law view the Madoja custom in Baroko District, Enrekang Regency. The results of this study show that the process of implementing the Madoja Tradition starts from the event of Pamula kamatean, Mak randuk bongi, Mak bongi pitu, Mak papura and Mak patang pulo after the death of the mayit. In implementing the Madoja Tradition, several stages of traditional processions are considered sacred and essential to be carried out, namely Mapopellao kandean (Lowering the Spirit), which is the process of carrying the spirit to the afterlife. Thus, implementing the Madoja tradition is categorized as permissible as long as it is in line with Islamic law and the benefits contained in its implementation.
EKSISTENSI HAK NON KEBENDAAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERNIKAHAN DAN HUKUM ISLAM Arsan, A.Varadiba Maywardana; Sari, Muspita
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 1 (2024): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i1.5472

Abstract

The existence of non-material rights exists and is regulated in Islamic Law and Law no. 1 of 1974 concerning Marriage. In Islamic Law, non-material rights are regulated, for example, the wife's non-material rights, the husband is obliged to educate his wife to be religious, the husband has the best relationship with his wife and the husband is obliged to look after his wife. Then the husband's non-material rights, the wife is obliged to look after herself and her husband's property, not to make a sour face in front of her husband and not to do anything that her husband doesn't like. Furthermore, in Law no. 1 of 1974 non-material rights are regulated in Articles 30 to Article 34. According to Islamic Law, these non-material rights or rights and obligations are terminated if the wife applies nusyuz to her husband as well as the husband who applies nusyuz to his wife. Apart from that, a husband's obligations are terminated if he acts cruelly towards his wife. Meanwhile in Law no. 1 of 1974 non-material rights or rights and obligations. If the husband and wife are negligent in their rights and obligations, each can file a lawsuit with the Court as in Article 34 paragraph (3). Keywords: Existence, Non-Intangible Rights, Islamic Law

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