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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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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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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 : UIN 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 : UIN 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 : UIN 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.
FENOMENA CHILDFREE DALAM PERSPEKTIF MAQASHID AL-SYARIAH Utari, Agni; Sabaruddin; Darwis, Rustan
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 2 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i2.5046

Abstract

The childfree phenomenon has been developing and has become an interesting topic of discussion in Indonesian society, triggering diverse pro and contra reactions. The increased visibility of this issue is partly influenced by the statement of influencer Gita Savitri Devi, which subsequently fostered public discourse concerning the childfree life choice. Given the significance of this phenomenon and the polemic it has generated, this research aims to analyze the childfree phenomenon in Indonesia and examine how the perspective of Maqashid al-Syari’ah addresses this life choice. This study employs library research, utilizing Normative Theological and Sociological Approaches. The research findings indicate that the childfree life choice is underpinned by various considerations and reasons from the individuals or couples who make this decision. From the perspective of Maqashid al-Syari’ah, gaining an in-depth understanding of these reasons is crucial for the analysis. Consequently, if the reason for choosing childfree aligns with the principle of maslahah dharuriyyat within the framework of Maqashid al-Syari’ah, the decision could potentially be deemed permissible, and vice versa
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 : UIN 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 : UIN 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
TINJAUAN HUKUM ISLAM TERHADAP TRADISI MACCERA’ AQORANG PADA MASYARAKAT BUGIS STUDI DI DESA LAMPOKO Mutmainnah, Ainun; Jasmin, Suriah Pebriyani; Hamsidar
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 1 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i1.5478

Abstract

Abstract This study aims to analyze the Islamic legal review of the maccera' aqorang tradition in the Bugis community in Lampoko village. The research method used is qualitative research, which consists of field research and literature. The research approach consists of a sociological approach, a philosophical approach, a historical approach, and a normative theological approach. This approach is carried out through the process of investigation, collection, management, analysis, and presentation of data collected through interviews and documentation. The data analysis technique uses data reduction, data presentation, and drawing conclusions. The results of the study indicate that the community's view of the maccera' aqorang tradition is a customary process carried out by the Bugis community where the process is by slaughtering a white chicken as a paccera'. This tradition is carried out by the community when their child has completed the Qur'an or has reached a verse that is considered sacred. This tradition has been passed down from generation to generation and should not be abandoned, but if the procession contains anything that is contrary to Islamic law, it must be immediately changed or abandoned. In the last four years, there have been changes in procedures, elements that are considered negative have been eliminated, and the process no longer contains values that are contrary to Islamic law. Keywords: Maccera’Aqorang, Bugis Tradition, Islamic Law
ANALISIS HUKUM ISLAM TERHADAP FENOMENA PERNIKAHAN DINI DI PESANTREN DARUL ISTIQAMAH LAPPA’E KABUPATEN SINJAI Syahida Asia; Hasan, Hamzah; Mustafa, Zulhas’ari; Zulfahmi; Idrus, Achmad Musyahid
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 2 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i2.5966

Abstract

This study aims to find out the practice of early marriage, express the community’s views on early marriage and make an analysis based on Islamic law about the practice of early marriage in the Darul Istiqamah Lappa'e Islamic Boarding School, Sinjai. This research is a field study using a descriptive qualitative approach. The results of the study show that early marriage at the Darul Istiqamah Lappa’e Islamic Boarding School is based on parental approval and encouragement. In addition, the community views early marriage in Islamic boarding schools as a positive thing because it aims to foster young people to achieve piety and avoid promiscuity that is contrary to Islamic teachings. According to Islamic law, early marriage at the Darul Istiqamah Islamic Boarding School does not violate religious law because it is considered a solution to prevent greater dangers, such as adultery or pregnancy out of wedlock, by referring to the rules of Dar’u al-Mafasid. In addition, early marriage is carried out with the consent of the students themselves without coercion, with various considerations of benefits, namely efforts to achieve greater goodness and benefits.
TINJAUAN MAQASID SYARI’AH TENTANG TAKLIK TALAK DALAM PERNIKAHAN DI INDONESIA Haq, Izharul; Shuhufi, Muhammad; Patimah
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 2 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i2.6402

Abstract

This paper aims to examine the practice of taklik talak in marriage in Indonesia from a maqasid sharia perspective.  Taklik talak is an agreement made by the husband after the marriage contract, in which he promises to impose talak if he violates certain conditions that have been agreed upon.  This practice has long been implemented in the Islamic family law tradition in Indonesia, with the aim of protecting the wife's rights and ensuring the husband's responsibilities. In this study, the concept of maqasid sharia is used as an analytical framework to assess whether taklik talak is in line with the main objectives of sharia, namely protecting religion (hifz ad-din), soul (hifz an-nafs), reason (hifz al-'aql), descendants  (hifz an-nasl), and wealth (hifz al-mal).  Analysis shows that taklik talak functions as a protection mechanism for wives in marriage, especially in ensuring that husbands fulfill their responsibilities, such as providing a living and maintaining household harmony.  This is in line with the principles of maqasid sharia, especially in maintaining justice, protecting women's rights, and preventing injustice in the household. However, the implementation of taklik talak also presents challenges, especially in the aspect of public understanding and its legal implementation.  Thus, a holistic approach is needed to increase legal awareness and provide clear guidance regarding taklik talak so that this practice remains relevant and beneficial for married couples in Indonesia
DOI’ MENRE DALAM PERKAWINAN MASYARAKAT DESA BERINGIN JAYA KECAMATAN BAEBUNTA SELATAN KABUPATEN LUWU UTARA DALAM PERSPEKTIF HUKUM ISLAM Yulia Safitri, Eka; Firmansyah
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 2 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i2.6539

Abstract

In the Bugis community's marriage customs, doi’ menre refers to a sum of money given by the groom's family to the bride's family to cover the wedding expenses. The aims of this research are to understand the concept of doi’ menre in Bugis marriages in Beringin Jaya Village, South Baebunta Subdistrict, North Luwu Regency, and to ascertain its perspective within Islamic law. This research employs a qualitative method. The findings indicate that the giving of doi’ menre in Bugis marriages in Beringin Jaya Village, South Baebunta Subdistrict, North Luwu Regency, constitutes a customary requirement that must be fulfilled before the marriage takes place. Its purpose is to honor the woman being married. The process of determining the amount of doi’ menre involves mutual deliberation between both families of the prospective bride and groom and is also determined according to the financial capacity of the groom's side. From an Islamic legal perspective, the giving of doi’ menre is permissible as it does not contradict Islamic law

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