Qisthosia
This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental Law, Criminal Law, Private Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Human Rights Law, Civil Procedural Law and Adat Law.
Articles
72 Documents
<![CDATA[Pemahaman Pelaku Nikah Muda Terhadap Konsep Keluarga Sakinah (Analisis Persepsi Kaum Muda) ]]>
<![CDATA[Armi, Mhd. Ilham]]>;
<![CDATA[Azwar, Zainal]]>;
<![CDATA[Triasa, Arif Rahmat]]>;
<![CDATA[Ulfa, Mawaddatul]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.711
<![CDATA[Young marriages have been massively practiced by young people in Indonesia. The rise of young marriage is a phenomenon in contemporary marital issues in Indonesia. The interest of young people to get married is a discussion that involves many new instruments to build a sakinah family in the household. This research will discuss young marriages conducted by men and women in the age range of 19-24 years when they get married. The data collection method uses a research questionnaire of 36 respondents (18 men and 18 women) collected randomly (random sampling). To test the respondents’ understanding in this study, the questionnaires were analyzed using a Guttman scale approach to interpret the extent of respondents’ understanding of the concept of a sakinah family. This study argues that the impetus for young marriage is due to the respondents’ religion and social arena. It can be explained that the consideration to marry at a young age is determined by these 2 instruments and is in line with the regulations set by the state. The 36 respondents were also measured for their level of understanding of the concept of a sakinah family. As a result, most of the 36 respondents in young marriages have fulfilled the personal competence, managerial competence, and competence to overcome discrimination as described in the concept of a sakinah family.]]>
<![CDATA[Transformasi Sosial dan Hubungannya dengan Pembagian Harta Warisan Menurut Perspektif Hukum Islam ]]>
<![CDATA[Ritonga, Raja]]>;
<![CDATA[Aulia Rezi]]>;
<![CDATA[Asril Fauzi]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.718
<![CDATA[Islamic teachings are built on the foundation of maslahah and anticipate mafsadah. Therefore, changes to a law can occur along with certain conditions and time. This article explains the relationship between social transformation and the distribution of inheritance from an Islamic legal perspective. This also explains how social transformation in the community influences the distribution of inheritance. This research is library research, in collecting data a search was carried out on a number of books, articles and other scientific works that were relevant to the research theme. Based on this study, social transformation can have an impact on the distribution of inheritance, especially in terms of implementing wasiyyat al-wajibah. So, these laws can change due to al-maslahah al-murlahah, whereas, some qath'i (certain) laws regarding the distribution of inheritance will not change even though they are influenced by changing times and social and other influences.]]>
<![CDATA[Pemikiran Siti Musdah Mulia dan Yusuf Qardhawi tentang Konsep Adil dalam Poligami ]]>
<![CDATA[Khofifah Lutfia Effendi]]>;
<![CDATA[Zakiyatul Ulya]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.736
<![CDATA[Polygamy is a topic that is still being debated, especially among ulama, including between Siti Musdah Mulia and Yusuf Qardhawi. Both of them have different thoughts regarding the concept of justice in polygamy. This article aims to find out the Islamic legal analysis of the thoughts of these two figures and their comparisons. The type of research used is library research using documentation techniques in extracting data as well as descriptive analysis and comparative studies as analysis techniques. The research results show that Siti Musdah Mulia's thoughts are more in line with contemporary Islamic jurisprudence scholars because they both state that justice in polygamy is not only in the material aspect but also the immaterial. This is different from Yusuf Qardhawi's thoughts, which are more in line with classical jurisprudence scholars because they both state that justice in polygamy is only in the material aspect. The similarity of thought between the two lies in the basic istinbath used, namely surah Al-Nisā' verses 3 and 129 and the hadith narrated by Abu Hurairah. The difference lies in the type of justice that must be fulfilled in polygamy. Siti Musdah Mulia stated that justice is not only material but also immaterial which is impossible for humans to realize so this is the basis for prohibiting polygamy. In contrast to Yusuf Qardhawi who stated that justice is only material because immaterial justice is beyond the limits of human capabilities so it is not mandatory to fulfill it.]]>
<![CDATA[Ijbar Dalam Konteks Kekinian: Telaah Pemahaman KH. Husein Muhammad ]]>
<![CDATA[Isyrofah Tazkiyah Iroyna]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v5i1.740
<![CDATA[According to the madzhab scholars, the right of ijbar aims to provide protection to women from miscreants by involving the mujbir wali in selescting a couple. However, over time, ijbar has been perspective by some people as the right to force marriage. Unlike the previous interpretation, Kiai Husein interprets the right of ijbar as the right to marry or direct. This study aims to find out the legal basis of KH. Husein in interpreting the right of ijbar and its legal impact in the current Indonesian context. This research is normative research or library research, with an istislahi approach using Imam Al-Ghazali's maslahah mursalah theory. KH. Husein reinterpreted the concept of ijbar by reviewing at the five pillars of the objectives of Islamic law which were then expanded by aiming at human rights values and equal relations between men and women. Based on this legal basis, Kiai Husein's interpretation of ijbar is different from previous interpretations which interpret the right to force into the right to marry or direct. In that way, ijbar as the right to marry no longer limits women's rights to determine a partner. With this interpretation, it can be seen that KH. Husein prioritises the maslahah aspect in determining a law. KH. Husein also connects the relationship between children and parents without limiting the rights between the two in requiring the concept of ijbar. KH. Husein's interpretation of ijbar rights has a close relevance to the current conditions of Indonesian people.]]>
<![CDATA[Interconnection between Structural-Functional Families as Nafkah Provider and Common Property Concept under Indonesian Family Law Regulations: Interkoneksi Struktural-Fungsional Penanggung Jawab Nafkah dan Konsep Harta Bersama dalam Regulasi Hukum Keluarga Indonesia ]]>
<![CDATA[Juanda, Vian]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v5i1.743
<![CDATA[This study aims to examine the structural-functional family as nafkah provider normatively and empirically. Empirically and interconnect it with common property concept under Indonesian family law regulations, in this case Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. This topic is interesting to discuss because in the reality of society there are structural-functional variations of the family that are not in harmony with family law regulations in Indonesia and as a means of providing knowledge about the implications of common property in such cases. The research method used was a field study by interviewing several families with length of marriage over 10 years serving as a nafkah provider. As a result, there are three variations of nafkah provider, namely the husband as a provider, the wife as a provider, the husband and wife collaborate as providers. The structural-functional interconnection of nafkah provider normatively and empirically has been polemical because there are facts in society that are regarded that it is not relevant to Indonesian family law regulations. However, in the common property concept, which is property acquired during marriage, structural-functional interconnection in family does not affect the status of common property. Thus, common property remains a common right regardless of who works and acts as provider in family unless there is a court verdict that considers it in a fair context.]]>
<![CDATA[Teori State Auxiliary Bodies dan Trigger Mechanism Komisi Pemberantasan Korupsi dalam Penanganan Korupsi di Daerah ]]>
<![CDATA[Muhammad Taufiq Firdaus]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.750
<![CDATA[Indonesia's anti-corruption institution, namely the Corruption Eradication Commit-tee (KPK), as a state auxiliary body (supporting state institution) has various prob-lems. The KPK is only based in Jakarta and is connected centrally. This condition increases the freedom for regional officials to commit criminal acts of corruption especially in the regions. The KPK as a trigger mechanism for the Prosecutor's Of-fice and the Police is still not effective in handling corruption in the regions. This research is qualitative research with exploratory nature with juridical-normative method. The purpose of this study is to explore more about the theory of state auxil-iary bodies, especially the design of the KPK in handling corruption in the regions, as well as knowing the role of the KPK as a trigger mechanism together with the police and prosecutors in handling and eradicating corruption in the regions. The finding in this research contained that the trigger mechanism function by the Corrup-tion Eradication Commission is necessary. The centralized position of the KPK is less effective in handling corruption in the regions. Several factors in the KPK's in-effective handling of corruption in the regions include; Firstly, the KPK's work area is too broad, relying solely on the KPK's centralized position, resulting in the KPK being overwhelmed several times in handling cases in the regions. Second, the Cor-ruption Eradication Commission's infrastructure is very limited, starting from human resources to the KPK's very limited budget, which does not allow the KPK to handle cases in all regions in Indonesia. Third, the Corruption Eradication Commission needs KPK representatives in several regions to support handling corruption in the regions.]]>
<![CDATA[Representasi Poligami Dalam Film “Bismillah Kunikahi Suamimu” ]]>
<![CDATA[Ali Syahputra]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v5i1.756
<![CDATA[This paper examines the practice of polygamy represented in the film Bismillah Kunikahi Suamimu by Vyntiana Itari. This paper explores the phenomenon of polygamy in a film that raises the question of how polygamy is represented in the film Bismillah Kunikahi Suamimu. The issue of polygamy in a film is very interesting to study to see if a film can provide education to the public. Through this film, people will easily gain knowledge, even though they are just watching, but without realizing they will gain knowledge. This research uses a qualitative approach by using Sara Mills' discourse analysis, the researcher's subjective interpretation is based on the representation theory developed by Stuart Hall. This paper focuses on the perspective of feminism and analyzes the position of the subject-object and the audience in representing polygamy in the film "Bismillah Kunikahi Suamimu". In this paper, it is found that the movie "Bismillah Kunikahi Suamimu" depicts polygamy from the perspective of women who are empirically the objects in the practice of polygamy. So that it provides more space to provide definitions related to polygamy experienced by women. The results of this study show that in filmmaking, the director is more likely to take the story from a woman's point of view so that the audience will see events from a woman's perspective. The conflict found in the movie "Bismillah Kunikahi Suamimu" is the inner war of women and the unwillingness of parents when their children are polygamous.]]>
<![CDATA[Kedudukan Wilayah Al-Hisbah Pada Putusan Peradilan Nomor : 1083/Pdt.G/2023/Pa.Btl Tentang Sengketa Rahn dan Ijarah ]]>
<![CDATA[Ismail, Nurmikyana]]>;
<![CDATA[Abdul Mujib]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.763
<![CDATA[A judicial decision is a question from the judge that is spoken at the trial and aims to end or resolve a case or dispute between the parties involved in the trial. Through hisbah, the state uses this institution to comprehensively control socio-economic conditions for business activities and economic practices. Religious court judges must use the compilation of sharia economic law as a source of material law to resolve sharia economic disputes. The author, using the normative juridical method, systematically describes the structure and content of judicial decisions and then the basis for the judge's consideration of the position of the al-hisbah area regarding judicial decisions as well as the practice of pawning (rahn) and ijarah financing according to sharia economic law. This research uses a case research approach (Case Approach). This approach includes reviewing cases related to the main problem and then using them to make court decisions that have permanent legal force (Inkracht). Qualitative data analysis presenting data, reducing it, and drawing conclusions from it. The judge in deciding the case used several legal bases such as Presidential Instruction Number 17/DSN-MUI/IX/2000 regarding witnesses for wealthy customers who postponed payments because after being identified the defendants were not found to have any defects in carrying out their obligations, namely paying maintenance costs, etc. as stated in the details of the plaintiff's total losses. The panel of judges decides cases fairly by applying ma'rūf and nahi mungkar for the benefit of the people according to the topic, especially sharia economics.]]>
<![CDATA[Artificial Intelligence Berbasis Chatbot: Sarana Baru Panduan Hukum Keluarga Digital ]]>
<![CDATA[Falah, Bahrul]]>;
<![CDATA[Nerisma Eka Putri]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.765
<![CDATA[Chat GPT and Perplexity are two platforms of the many types of chat-based Artificial Intelligence (AI). Both platforms can pamper their users by presenting brief and clear information based on the questions given. The use of chat-based AI as a substitute for human legal assistance is a topic of conversation today. However, the validity of AI is often questioned. By looking at these problems, there needs to be a trial that can see the validity of Chat Gpt answers and any confusion regarding legal issues. The author is interested in measuring the level of validity of answers from the Chat GPT and Perplexity platforms in addressing family law problems. The author takes household problems caused by domestic violence. Then cases of domestic violence that occur will result in a lawsuit for divorce. Based on the questions asked, both platforms are very credible in providing basic information regarding divorce lawsuits, such as absolute competence and relatively appropriate courts to use to file lawsuits. However, both of them are not good at presenting detailed information regarding divorce lawsuits. This is natural, because both platforms are not specifically designed as family legal assistance chatbots. Therefore, a special platform is needed that is aimed at realizing these needs, by utilizing information delivery patterns from both platforms. An AI chatbot designed for these needs will certainly provide many benefits for society, one of which is guidance on filing cases independently. These benefits can also create a low cost court.]]>
<![CDATA[Ikhtiar Cegah Stunting Melalui Kontekstualisasi Fikih Parenting ]]>
<![CDATA[Husain, Husain]]>;
<![CDATA[Sufyan Mubarak]]>
<![CDATA[ QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Majene ]]>
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DOI: 10.46870/jhki.v4i2.778
<![CDATA[In fact, parenting jurisprudence does not only target children physically until they are mumayyiz (able to choose and choose good actions) as is found in many classical jurisprudence books, but also their psychology, including their mental and economic readiness for marriage. Until now, the main trigger for many cases of stunting is still caused by early marriage. Early marriage occurs because child care is only oriented towards meeting the child's physical needs, while spiritual needs still do not receive significant attention. Efforts in this direction can be made by contextualizing parenting jurisprudence that parenting is not only about the child's physical aspects but also spiritual aspects and economic readiness. This is reflected in the history of the Prophet's life as a child, receiving maximum nurturing education both regarding his physical and psychological well-being, as well as economic readiness, with the Prophet being included in every trade mission with his uncle. The implications of this contextualization of parenting jurisprudence are at least a new orientation of parenting jurisprudence in efforts to minimize stunting. Apart from that, it also serves as a legal standing for child care activities to comprehensively pay attention to children's physical, psychological and economic readiness.]]>
