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Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah)
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 7 Documents
 1 
Search results for , issue "Vol 1, No 1 (2020)" : 7 Documents clear
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.98 KB) | DOI: 10.30863/al-risalah.v1i1.2696

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.113 KB) | DOI: 10.30863/al-risalah.v1i1.393

Abstract

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
KAJIAN YURIDIS TERHADAP IMPLEMENTASI OTONOMI KHUSUS DI PROVINSI PAPUA Ma'adul Yaqien Makkarateng
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.19 KB) | DOI: 10.30863/al-risalah.v1i1.2695

Abstract

This study discusses the concept of the Indonesian state as stated in Article 18 of the 1945 Constitution of the Republic of Indonesia concerning the implementation of regional autonomy. the interests of the local community. One area that has the potential to implement special autonomy in Indonesia is Papua Province for the sake of accelerating the realization of justice and social welfare. Social welfare can be achieved by means of rehabilitation (recovery and capacity building), social security (guaranteeing the fulfillment of basic needs), empowerment (empowering the community to meet their needs independently with existing resources and potential), social protection (prevention of social vulnerability so that their needs can be fulfilled). basic requirements are met), and social assistance to maintain a normal life.
UPAYA MEDIASI DALAM MEMINIMALISIR ANGKA PERCERAIAN DI PENGADILAN AGAMA KELAS I B WATAMPONE Syafruddin Syafruddin
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.79 KB) | DOI: 10.30863/al-risalah.v1i1.394

Abstract

AbstractThis research aims to describe the mediation efforts in minimizing the number of divorces in the Religious Courts 1B Watampone, the opportunities, constraints, faced and the efforts to minimize the number of divorces in the Religious Class 1B Watampone. This research was classified as qualitative research by using the descriptive-normative approach to theological normative, juridical-normative, psychological, and sociological The results showed that the mediation efforts in minimizing the number of divorces in the Religious Court 1B Watampone carried out in two phases: the implementation of the results of mediation and the implementation phase of mediation. The absence of pre-mediation on mediation with in the Religious Courts Watampone Class 1B because the process converges on the implementation phase of the mediation itself.
HUKUM WARIS ISLAM DARI SUDUT PANDANG HUKUM BERKEADILAN GENDER Bahriayub Bahriayub
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (643.137 KB) | DOI: 10.30863/al-risalah.v1i1.406

Abstract

AbstractThis study aims to determine the difference heirs of men and women in Islam, different parts of the heirs of men and women in the concept of two to one in Islam and the differences between the heirs of men and women according to gender analysis. Data analysis methods used by the author in this thesis is a qualitative descriptive method which provides an overview of the logical flow of data analysis as well as providing input on qualitative data analysis techniques were used. Once that is done on analyzing the comparison between diverse data and then analyze each other, so that can know the elements that are relevant and irrelevant between Islamic inheritance law with the concept of gender, in order to draw a conclusion.The results of the research in this study; section of a boy with two girls section 2:1. 2:1 that is loaded with the values of justice, arguing that men have obligations from material things exceeds that of women. The concept of gender-equitable distribution of inheritance between men and women equal 1:1, because the provision of a fair is not 2:1.
INTEGRASI HUKUM ISLAM DAN HUKUM ADAT DALAM PEWARISAN MASYARAKAT BUGIS BONE Asni Zubair; Muljan Muljan; Rosita Rosita
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.072 KB) | DOI: 10.30863/al-risalah.v1i1.390

Abstract

AbstractIntegration of Islamic law and customary law of inheritance that run in the Bugis community in District Palakka Bone takes place in the form of assimilation, syncretic, acculturative, and legitimacy. Integration in a syncretic form can be seen in the division of inheritance society that make Islamic law and customary law as a reference. Integration in the form acculturative can be seen at the time of the division of property, there is executed before the death, and there is also carried out after the death of the testator. The integration in the form of legitimacy can be seen from the case of the division of inheritance community continue to provide part of property to the son of the heir who had died earlier than the heir known as substitute heirs. Integration of Islamic law and customary law apply to the division of the community estate Bugis Bone in District Palakka namely because: a. between Islamic law and customary law have interacted for a long time, complementary in addressing the legal needs of the community, b. Islamic law and customary law used as a reference and a major cornerstone in the division of the community estate, c. Islamic law and customary law into the legal awareness of the public to follow both of these rules. d. between Islamic law and customary law have a common vision and goal to bring peace to people's lives. 
TELAAH KRITIS “COUNTER LEGAL DRAFT KOMPILASI HUKUM ISLAM” (REORIENTASI FIKIH HUKUM KELUARGA ISLAM INDONESIA) Abul Khair
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.794 KB) | DOI: 10.30863/al-risalah.v1i1.392

Abstract

AbstractThe movement of Islamism and modernization in the field of Family Law in Indonesia did not stop after the regulated on the Compilation of Islamic Law (KHI). The existence that is not in the form of constitution and is considered no longer relevant with the times, making the formalization and efforts to make legislation in the field of Islamic family law becomes the trend and becomes a national discourse. In that context then appeared “Counter Legal Draft Compilation of Islamic Law (CLD-KHI)” that is trying to respond and provide an answer to the efforts of modernization in the field of family law. Despite on the presence of Counter Legal Draft- Compilation of Islamic Law is enough worried because the idea of family law reform that offered accused of liberalism, but on the other hand it must be admitted that the “CLD-KHI” has succeeded in presenting a new atmosphere idea in the family law draft for Muslims in Indonesia. Consequently, new frame that were presented "CLD-KHI" it becomes a challenge for scholars Islamic Indonesia who eager to contribute to efforts reorientation and modernization of family law and Islamic jurisprudence in Indonesia.

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