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Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah)

alrisalah
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Published by Institut Agama Islam Negeri Bone

ISSN : 24072060 EISSN : - DOI : 10.30863/al-risalah

Core Subject : Religion, Humanities, Social,

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah), published by Islamic Family law graduate Program, Institut Agama Islam Negeri Bone since 2014. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 36 Documents

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PELAKSANAAN HIBAH DAN WASIAT DIKALANGAN MASYARAKAT KABUPATEN BONE Ahmad Supandi Patampari
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

Abstract This study aims to determine the construction of the implementation of the grant and will among people in Bone regency, to know how the form of grants and wills, strategies communities in the implementation of the grant and the will and the reason people districts Bone is using grants and wills in the division of inheritance compared with the Islamic inheritance system in Bone regency. The results showed that Form grants and testament in the District public Bone is rather the form of grants that are written but there is also using oral, that will, bone people tend to use the oral form of the posts. Community strategies at the time of grant and will bring the grantee or recipient of his testament and presented witnesses who truly believed at the time when the Islamic marriage contract and grant deed or a will. The grant can be directly given by penghibah and will also be directly awarded regardless wait until pewasiat died.

WASIAT WAJIBAH TERHADAP ANAK ANGKAT (TINJAUAN FILSAFAT HUKUM ISLAM PASAL 209 KOMPILASI HUKUM ISLAM) Nadya Faizal; Asni Zubair
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe legal status of the adopted child in The Compilation of Islamic Law are the status of marriage, the adopted child does not belong to the group who are forbidden to get marriage with adoptive parents, they are not in relationship with their adoptive parents, and they are not mahram from them. Furtheremore, inheritance status of the adopted child is that it does not fall within the category of a person entitled to inheritance. This means that between adopted child and his adoptive parents there is no relationship of inheriting with their adoptive parents, but in The Compilation of Islamic Law in article 209 opens the opportunity for him to receive a will or grant from his adoptive parents. The legal status of the provision of wills to the adopted child in article 209 of The Compilation of Islamic Law, the recipient of the wills is the child who should be raptured from among the close relatives, if no one then turns to the children of the poor, orphans, and children who are in weak economy class, or the child‟s findings (al-laqith).The holder of a will is a person who has a lot of property so as to allow not to reduce the acquisition of heritage treasures for the division of inheritance.

PENGARUH KODE ETIK PROFESI TERHADAP KINERJA APARAT PENEGAK HUKUM DI INDONESIA Ma'adul Yaqien Makkarateng
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe professional code of ethics is a norm set and accepted by a group of professions that direct or instruct their members how to do and at the same time ensure the quality of the profession ahead of the community. Violation of the professional code of ethics is a deviation from the norms established and accepted by a group of professions, which directs or instructs its members how to do and at the same time guarantees the quality of the profession in the front of the public. Man is the most perfect creature of God and even man is equipped with an attitude about which knowledge and behavior are good and which are evil from the laws of nature, which can be dug through reason, within the framework of the theory of nature law, wise people will live well. This attitude is the happiest that God the Creator wants.

OPTIMALISASI PENERAPAN SISTEM PERWAKAFAN UNTUK PENINGKATAN KESEJAHTERAAN UMAT (STUDI TENTANG SISTEM PENGELOLAAN WAKAF PADA YAYASAN WAKAF UNIVERSITAS MUSLIM INDONESIA MAKASSAR) A. Jusran Kasim
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research discusses the optimizing of wakaf management system implementation at the Wakaf Foundation of Indonesian Muslim University (UMI) Makassar with a research focus on how the activity of wakaf fundraising and endowments, the development of wakaf assets, as well as the interpretation of compliance with the Law No. 41 of 2004 on the management of wakaf at Wakaf Foundation of UMI Makassar. The results show that the fundraising and endowments that occurred in the Wakaf Foundation of UMI Makassar are similar to the cash wakaf fundraisingsystem, which in its implementation is still within the foundation's internal domain and has not touched the external one yet. The management of wakaf atthe Wakaf Foundation of UMI Makassar is also not fully in accordance with the Law of the Republic of Indonesia Number 41 of 2004 on wakaf since it lacks of cooperation with the Islamic Financial Institutions (LKS) in terms of the collection and management of wakaf, also lacks of cooperation with theRegistrarOfficials of Wakaf Statement (PPAIW) in the creation of wakaf statement certificate. Nevertheless, the researcher appreciates the Wakaf Foundation of UMI Makassar which has optimized its wakaf fund/asset although it is still within the internal scope of the foundation.

PENERAPAN FILSAFAT HUKUM ISLAM DALAM POLIGAMI (Studi Analisis terhadap PP. No. 10 Tahun 1983 Jo. PP. No. 45 Tahun 1990) Sylviah Sylviah
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Based on the results, it is found that the philosophy of tasyri 'polygamy in Islam requires the dimension of ontology, epistemology, and axiology to synergize between the historical texts and the historical context so that polygamy becomes a Shari'a that brings benefit to mankind either by do it or by leave it behind. The application of Islamic Law Philosophy to polygamy rules according to Government Regulation number 10 Year 1983 jo Government Regulation number 45 Year 1990 Chapter 4 2nd paragraph on the prohibition of Civil Servants of women to become second/third/fourth wives indicates that shows a law enforcement that in the dimensions of ontology, epistemology and axiology of Islamic law supports its enforcement along with the mission of justice and the benefit of mankind brought by the teachings of Islam itself. mplication of this research is the Philosophy of Islamic Law which is a legal philosophy consisting of three frameworks namely ontology, epistemology, and axiology has provided a comprehensive philosophical and juridical picture of tasyri 'polygamy in Islam and the application of Government Regulation number 10 Year 1983 jo Government Regulation number 45 Year 1990 Chapter 4 2nd paragraph on the prohibition of Civil Servant women become second/third/fourth wife.

HAKIKAT INTERPRETASI MUHAMMAD SYAHRUR TENTANG POLIGAMI DAN RELEVANSINYA DENGAN HUKUM PERKAWINAN NASIONAL Andawati Andawati
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis reseach discusses "The essence of the interpretation of Muhammad Syahrūr about Polygamy and its relevance to the National Marriage law”. This study aims to determine the concept of polygamy according to Mohammed Syahrūr, methods Muhammad Syahrūr in understanding the verses on polygamy dan relevansi concept of polygamy Muhammad Syahrūr with nasioanl marriage law. The results of the research in this study; concept of polygamy according to Muhammad Syahrūr polygamy is allowed up to four, with a wife kententuan second, third and kempat must widow with orphans. Muhammad method Syahrūr in understanding the verses on polygamy is a linguistic methods to the theoretical limit (Hudū and limit), as well as the determination of the essential nature in al-Kitab absolute must understand that Hanifiyāh and Istiqamāh. The relevance of the concept of polygamy Muhammad Syahrūr with the National Legal marital law lies in the level of skill and principle, meaning that the principle of monogamy is equally open for skill based with strict terms and conditions.

PERKAWINAN ENDOGAMI PERSPEKTIF HUKUM ADAT DAN HUKUM ISLAM (STUDI TERHADAP MASYARAKAT BUGIS BONE) Nenni Rachman
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThere are three traditional marriage system, namely: endogamy, exogamy, and eleuterogami. The Bugis Bone included into the system of marriage endogamy means that a man should marry a woman who has a relationship with a cousin, both cousins once, twice cousin, and cousin three times. According to custom Bugis Bone, marriage endogamy (Siala Massapposiseng) that occurs in the Bugis Bone is an ideal marriage, marriage according to Islam while this is not an ideal marriage. However, marriage is permissible as long as there is no prohibition in the passage, both the Quran and al-Hadith. This study aims to determine the factors behind marital endogamy and the impact of the marriage. The method used in this research is a field research dealing directly with the public, in order to obtain clear data and data collection techniques of interviews and documentation. The results showed that there were several factors behind the retaining endogamous marriage among others: purity of lineage, wealth care, and spatial orientation (territorial). In practice, endogamous marriage have an impact, especially for perpetrators of endogamy itself among others: strengthens kinship, wealth preservation or heritage, and the impact of physical or mental disability in the offspring

TINJAUAN SOSIAL YURIDIS TERHADAP PENGGUNA NARKOBA SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA BONE Ma'adul Yaqien Makkarateng
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research has results that in deciding such cases, judges trying to objectively and take the liver carefully because it is not a little too case arising not from the pure drug factor, but from other elements such as economic problems, passive communication, infidelity, even domestic violence drug items, which renders as an additional reason for filing the lawsuit in the divorce. The judge's ruling on a lawsuit containing divorce domestic violence are less precise because there are drugs, because in article 116 compilation of Islamic law of the letter (f) stating that intoxicating items including drugs, although the case is not purely because of Drugs or other reasons that make drugs as the reason. From the discussion of the above research, advice given by the author are: Increased awareness between fellow in particular within the family, in a family affected by drugs, preferably a family member more attention so as not to extend to the other. Intensive healing process both in terms of religious or medical establishments that will really help healing drugs. For the Religious Court judge Grade 1 A Watampone should take careful and meticulous in deciding things that there are elements of drugs, both from examination to the use of the legal basis in deciding things that contain elements of drugs.

KAJIAN YURIDIS PENETAPAN PERMOHONAN ISBAT NIKAH DI PENGADILAN AGAMA WATAMPONE Nurhidayah Nurhidayah
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

Abstract The number of application on marriage legalization in the last two years in the Religious Watampone Class I.B has been quite high. This is due to the high demands of people to legalize their marriage for certain reasons, such as divorce proceedings for an undocumented marriage, administrative requirements to get children’s birth certificate, TASPEN (retirement funds) administration, passport registration, getting veteran widow's pension, and publication ofmarriage certificate due to underhand marriage. Judge in deciding a case will look and pay attention on posita (case, the actual fact) and should be in accordance with existing procedures, among others, present witnesses at the hearing and show that there is evidence for consideration. The judge, of course, will put forward maqasid syari’ah (the objectives of sharia),so that the impact will be on the benefit of generations, to keep and maintain the honor that will be seen in the decision or verdict of the judge who accepted and granted other. Therefore, marriage legalization in principle is one of the legal protection and legal certainty, as referred to in Article 7 KHI, toward a marriage that cannot be proven with a marriage certificate as an authentic document in accordance with the mandate of Marriage Act, which requires that every marriage shall be recorded by state institutions.

EFEKTIVITAS PERAN PENYULUH AGAMA ISLAM DALAM PENERAPAN HUKUM PERKAWINAN ISLAM DI MASYARAKAT PEDESAAN (STUDI KASUS DI KECAMATAN MARE KABUPATEN BONE) Syamsuddin Syamsuddin
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research led to the application of the law of Islamic marriage in rural communities. The purpose of this research is to know the application of Islamic marriage legal on rural communities in the Mare, the effectiveness of the role of extension officers in the implementation of Islamic law in the Islamic marriage Mare and barriers in the application of the law Islamic marriage in rural communities in district Mare Bone Regency. The role of religion in the legal application of extension officers marriage Islam in Mare Bone Regency have not fully maximized. The countryside has not been entirely untouched by the public. The form of the application made by extension officers have not completely evenly in the Mare and the methods used in extension is not effective. In addition, the guidance material is delivered poorly understood by the public, so that the impact on the lack of implementation of relevant Islamic marriage law with the provisions of legislation in force in Indonesia. Constraints in the implementation of the Islamic law of marriage in society is a condition of the Mare was lacking presence and outreach programs respond to the low level of education of rural people in district Mare Bone Regency.

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-

Contact Email
Alrisalahiainbone@gmail.com

Phone
+6285113333130

Journal Mail Official
Alrisalahiainbone@gmail.com

Editorial Address
Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location
Kab. bone,

Sulawesi selatan

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email Alrisalahiainbone@gmail.com

Phone +6285113333130

Journal Mail Official Alrisalahiainbone@gmail.com

Editorial Address Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location Kab. bone, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
-

Contact Email
Alrisalahiainbone@gmail.com

Phone
+6285113333130

Journal Mail Official
Alrisalahiainbone@gmail.com

Editorial Address
Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location
Kab. bone,

Sulawesi selatan

INDONESIA