MADDIKA: Journal Of Islamic Family Law
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.
Articles
84 Documents
<![CDATA[PERNIKAHAN HAMIL DI LUAR NIKAH PERSFEKTIF HUKUM ISLAM ]]>
<![CDATA[Mustopa, Bagas]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law ]]>
Publisher : <![CDATA[UIN Palopo ]]>
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DOI: 10.24256/maddika.v4i1.3244
<![CDATA[Marriage is part of the dimension of life that is worth worshiping so it is very important. The reality of life in today's society is that there are certain circumstances that make it unavoidable to get pregnant out of wedlock. This research aims to discuss the law of marrying a pregnant woman out of wedlock in Islam, the differences in the rules between the KHI and Islamic Law regarding marriage to a pregnant woman out of wedlock, and the lineage status of children born in an out-of-wedlock pregnant marriage. The results of the research show that according to Imam Hanafi and Syafi'i, marrying a pregnant woman for adultery is permissible for both the man who impregnated her and another man, but both of them have different opinions regarding the permissibility of having sex with her. Imam Hanafi only allows sexual intercourse if the man who marries her commits adultery with her, while Imam Syafi'i allows sexual intercourse with her whether the man who impregnates her or not. Meanwhile, according to Imam Maliki and Hambali, it is not permissible to marry a pregnant woman out of wedlock, whether to a man who impregnated her or not. As for the fate of children born from out-of-wedlock pregnancies, they will be assigned to men who impregnate their mothers before marriage, not men who marry their mothers after pregnancy.]]>
<![CDATA[POLIGAMI DALAM TINJAUAN HIFDZ AL-NASL ]]>
<![CDATA[Karimullah, Suud Sarim]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i2.3291
<![CDATA[When talking about polygamy, it is often seen from the existence and perspective of meeting the biological needs of men. Polygamy is seen as a form of unequal relationship in marriage, so the losers are women. Polygamy always creates a negative perception even though many polygamists are still carried out illegally. Regarding the problem of polygamy, it is necessary to conduct a review that looks at the benefits to produce a comprehensive study. So, in this case, the issue of polygamy is studied through an examination of hifdz al-nasl, which is one of the concepts of maqashid al-shari'ah. At the same time, library research is this type of research with the nature of a descriptive-analytical study that systematically describes the facts found accurately and carefully through a review of hifdz al-nasl. This research concludes that polygamy is a wisdom given by Allah to humans and does not violate the purpose of maqashid al-shari'ah to continue protecting offspring (hifdz al-nasl) while still producing because a man will still be able to produce even though they are old. Meanwhile, women are limited by menopause so that when that period has arrived, the female reproductive organs can no longer function generally for fertilization.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP PERAN DESA DALAM PENCEGAHAN DAN PENURUNAN STUNTING TERINTEGRASI DESA TOPORE ]]>
<![CDATA[Sukrianto, Andi]]>;
<![CDATA[Rusli, Muhammad]]>;
<![CDATA[Halwan, Muhammad]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 3 No. 2 (2022): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v3i2.3616
<![CDATA[The purpose of this study was to understand the role of the village in preventing and reducing integrated stunting in Topore Village, Papalan District, Mamuju Regency and to find out the obstacles encountered in preventing and reducing integrated stunting in Topore Village, Papalan District, Mamuju Maya Regency. The results of this study indicate that the role of the village in preventing and reducing stunting is integrated in Topore Village, Papalan District, Mamuju Regency based on Presidential Regulation Number 72 of 2021 concerning the Acceleration of Stunting Reduction and Mamuju District Regent Regulation Number 31 concerning Prevention and Reduction of Stunting integrated with carrying out convergence prevention of stunting through a work plan for the implementation of stunting prevention which includes maternal and child health intervention services; integrated nutritional counseling, provision of clean water and sanitation; social protection and early childhood services. Furthermore, related to the obstacles faced in preventing and reducing stunting in Topore village, including regarding the implementation of programs such as socialization that is not optimal regarding the different understanding of the community in responding to the problem of stunting, provision of food and vitamin supplements as part of supporting intervention activities that cannot be fulfilled properly as well as the culture and beliefs of society that considers a short child's body is often seen as a result of inheritance from their parents.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP PERMOHONAN DISPENSASI NIKAH PADA PENGADILAN AGAMA PALOPO ]]>
<![CDATA[Pasondong, Udin]]>;
<![CDATA[Arafat Yusmad, H. Muammar]]>;
<![CDATA[Beddu, Rahmawati]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i1.3635
<![CDATA[The abstract contains a brief description of the research problem and objectives, methods used, and research results. It is written in two languages, English and Bahasa Indonesia. Key words need to be included to describe the domain of the problem under study and the main terms underlying the implementation of the research. Key words can be single words or a combination of words. Marriage dispensation is an exception to the rules or laws given to the applicant to enter into marriage. In this study the authors discuss the determination of a marriage dispensation application in civil case Number: 45/Pdt.P/2022/Pa.Plp. The problem examined is the basis for the judge's consideration in granting the application for marriage dispensation in civil case Number: 45/Pdt.P/2022/PA.Plp; and How is the review of Islamic law on the application for marriage dispensation in civil case Number: 45/Pdt.P/2022/Pa.Plp. This research is normative research. Where this research will refer to existing literature studies or secondary data used. The method of analyzing data material uses a qualitative method that is presented prescriptively. The results of this study indicate that the basis for the judge's consideration in granting the marriage dispensation application is the existence of urgent reasons. The judge's legal consideration in granting marriage dispensation is article 7 paragraph 2 of Law No.1 of 1974 concerning marriage, in the event of a deviation from the age limit for marriage, you can request dispensation from the Court or other officials appointed by both parents of the male and female parties. The judge's consideration outside the law uses the concept of mashlahah mursalah because the provisions of age limitation and marriage dispensation are not explained in the nash, but the content of the maslahat is in line with the actions of shara' which want to realize the benefit of the applicant (both prospective brides and their families) because there is an urgent matter, namely pregnancy first. Then in terms of adjudicating children related to marriage dispensation based on Supreme Court Regulation number 5 of 2019 concerning Guidelines for adjudicating applications for marriage dispensation.]]>
<![CDATA[PENGETATAN POLIGAMI DI INDONESIA PERSPEKTIF MAQASHID SYARIAH DAN HUKUM POSITIF ]]>
<![CDATA[Aqil, Izan Syarifurrohman]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i2.3994
<![CDATA[Polygamy is a solution to social problems given in Islam, how an adult male can marry more than one woman. of course it is not arbitrary for an adult man to do this, he must also know the laws and provisions that apply in Fiqh, and the State, especially in countries in Indonesia where there are constitutional laws as well as positive laws, through this research with the title: tightening polygamy in Indonesia; the perspective of Maqasid Sharia and positive law, is expected to be a solution for Muslims to the anxiety that occurs in Islamic society in Indonesia.]]>
<![CDATA[ANALISIS PROBLEMATIKA ATAS TANAH WAKAF DI INDONESIA ]]>
<![CDATA[Rahmatullah, Rahmatullah]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i1.4013
<![CDATA[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.]]>
<![CDATA[NAFKAH DALAM KONTEKS HUKUM ISLAM ]]>
<![CDATA[Idin, Andi Muhammad]]>;
<![CDATA[Mustaming, Mustaming]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i1.4837
<![CDATA[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.]]>
<![CDATA[PERWALIAN DAN ISU-ISU KONTEMPORER ]]>
<![CDATA[Khair, Uslyfatul]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law ]]>
Publisher : <![CDATA[UIN Palopo ]]>
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DOI: 10.24256/maddika.v4i2.4844
<![CDATA[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.]]>
<![CDATA[HUKUM WARIS ISLAM DAN PLURALISME HUKUM ]]>
<![CDATA[Ernik, Ernik]]>;
<![CDATA[Assaad, Andi Sukmawati]]>;
<![CDATA[Kamal, Helmi]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i1.4861
<![CDATA[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.]]>
<![CDATA[PEMBERDAYAAN HUKUM WARIS DALAM PERSPEKTIF MASLAHAH MURSALAH ]]>
<![CDATA[Hasrul, Muhammad]]>
<![CDATA[ MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law ]]>
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DOI: 10.24256/maddika.v4i2.4862
<![CDATA[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?]]>
