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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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TINJAUAN MAṢLAHAH MURSALAH ATAS TRADISI KAMAR KOSONG DALAM PERKAWINAN ADAT MELAYU DESA GURUN TUO JAMBI Ahmad Fayyadh
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

Giving “vacant room money” to women is a hereditary tradition followed by the people of Gurun Tuo village, Jambi Province. Even though it has become a custom for quite a long time, the tradition of empty room fees still raises pros and cons in the local community and surrounding areas. This is reviewed with the theory of maṣlahah mursalah, because maṣlahah mursalah is considered an effective legal scale to answer the problems of Muslims in the contemporary era. This study uses a sociological normative qualitative approach, using primary and secondary data sources. This study describes a series of marriages in the village of Gurun Tuo, including: pioneering (ta'aruf and applications), a collection (thanksgiving) in this series the women determine the nominal amount of the vacant room money, then the gernak-gerning (alms) stage, and the last series is wedding reception. If we look at it from the perspective of maṣlahah mursalah, the current implementation of the vacant room customary money is not in line. Because it does not meet one of the conditions for determining maṣlahah mursalah, namely the benefit must be general, not specific to individuals.

Relevansi Kesejahteraan Ekonomi Keluarga dengan Peningkatan Perceraian di Kabupaten Bone Sitti Nikmah Marzuki
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe are many cases of adults who ended his life due to economic pressures. Even family life usually becomes quiet when the husband is not able to meet its obligations to provide for the family, cause prolonged conflict that will end in divorce. The divorce rate in Bone regency is very high, not least the economic factors. This situation triggered conflict in the family. The problem then arises is the welfare of the family, if husbend cannot perform its responsibility to make a living. The wife is not able to help her husband to earn a living. But if it isconstantly in progress, and the wife feels particularly a dual role then this problem can be more pointed and lead to conflict within the household and encourage the wife nor the husband decided to divorce. Therefore, the welfare of the family have relevance to the large number of divorces in Bone regency with reasons to leave for economic reasons.

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

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.

KEDUDUKAN WALI NIKAH MENURUT SHAMSI ALI (STUDI KOMPARATIF ANTARA MAZHAB HANAFI DAN MAZHAB SYAFI’I) Hamzah H.
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

This research is about the Position Position of Marriage Guardian according to Shamsi Ali (A Comparative Study between the Ḥanafi and Syāfi‘i school) This research is a literature study using (a) munakahat fiqh approach (b )historical approach (c) anthropological approach (d) normative theological approach (e)philosophical approach. The results of this study indicate that the position of the guardian of marriage according to the Ḥanafi school is not a pillar of marriage, Ḥanafi school allows the bride to pronounce her own consent, on condition that the bride must be mature, intelligent and in agreement with her future husband. The existence of a guardian in marriage according to the Ḥanafi school is not obligatory, but only perfect. The Syafi'i school considers the batil marriage contract whose ijab statement is pronounced by a woman, either a girl or a widow, sekufu or not, directly for herself or as a representative for others. Shamsi Ali considers marriage legal if the bride pronounces her own consent, the guardian only needs to give permission, Shamsi Ali reasons that, it will be much better and deeper in meaning if the bride directly recites her own consent because of the direct involvement of the bride and groom. Shamsi Ali also emphasized that, indeed, there is no verse that explicitly indicates that a guardian must pronounce consent for marriage.

STUDI TENTANG EFEKTIFITAS KENAZIRAN HARTA WAKAF MENURUT UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF Zahran R
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractProblems were oxplained through juridical normative juridical empiric, and syar’i approaches; and discussed through qualitative methods. Based on UU Nomor 41 Tahun 2004 about wakaf, wakaf management consists of organizer’s recruitment, competence and job realization. In the UU, organizer’s appointment is based on someone’s recruitmenr to be organizer through individual, organization and corporation; which are: Indonesia citizen, Moeslem, adult, trusted, healthy mind and body, not hampered to do law deed. Organizer’s competence must be considered to reach optimum management an the benefit. The tasks of organizers in UU are: to administer wakaf, t manage an develop wakaf based on function, to surprise and protect wakaf; and to report job implementation. Wakaf management in Watampone has been effective based on wakaf allocation which is traditional and consumptive because with or without organizer, consumptive wakaf like mosque still can operate; but it is not effective if it is related to wakaf regulation which hope that wakaf should be developed to be productive although the allocation is for mosque because modern and profesional mosque from wakaf can produce personal fee; so it needs trusted organizer, have competence and professional to manage it.

PENGELOLAAN DAN PENGEMBANGAN WAKAF DI KABUPATEN BONE (TELAAH UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF) Haslinda Haslinda
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe result showed that the application of law No. 4 of 2004 have not been fully implemented, but see the purpose of section 42 stressed and allotment of endowments, have been run but not maximized because the issue of the designation only for practice and social activities that are consumptive. Endowments in Bone regency more used to build places of worship and socially useful. Factors inhibiting the development and management of waqf in Bone regency including lack of socialization for goverment agencies regarding endowments, the week role of the istitution ministry of religion in the part of the prevention or data collection on donated land, lack of understanding and awareness among muslims againts waqf that waqf is not managed properly, and last nadzir were less profesional and the lack of human resources (HR) can empower possessions endowment and empowerment strategies endowments in Bone regency perspective of law number 41 of 2004.

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

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.

ANALISIS SPIRITUAL CHARACTER PELAKU ISBAT NIKAH DI PENGADILAN AGAMA WATAMPONE A. Sri Mardiyanti Syam
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractRegarding the marriage legalization cases in the Religious Court of Watampone, if the formal requirements have been met, then the religious court by the judges will make a verdict or decision of which written "the applicationis approved". Meanwhile, if the formal requirements are not met, then the judge will make a verdict or decision declaring that "the application is overruled". Judge in deciding a case will pay attention on posita 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 will put forward maqasid syari’ah, 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, 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.

CERAI GUGAT PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS DI PENGADILAN AGAMA KELAS 1B WATAMPONE PADA TAHUN 2010-2012) Darliana Darliana
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

Abstract The results show that the divorce to sue in the Religious Class 1B Watampone from year to year has increased significantly, the events of divorce sue greater in number than the divorce on the grounds that the wife is more aware of their rights and obligations in marriage. Factors that lead to divorce contested in the Religious are factors moral, Hurting, child marriage, dispute continuously, biological defect and no harmony, these factors are supported by a state of "inability" and "unwillingness" in running rights and obligations in marriage resulting in a violation of the party. Divorced jerknegative impact for both parties and its offspring. These impacts include the psychological impact on the children and the wife because the resulting Psychological and mental, social impact on the husband and wife because the predicate status of widows and widowers, economically affect the financial borne wife during the marriage the husband. While the solution regarding custody of the child given to her for a child is not mumayyiz and joint property during the marriage should be halved fair and equitable manner.

PROBLEMATIKA KEWARISAN AKIBAT PERKAWINAN TIDAK TERCATAT MENURUT HUKUM ISLAM DAN PERUNDANG-UNDANGAN Taherong Taherong
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe result of this research show that recording of marriage became a crucial if there is a dispute, then the wife of the husband and wife in marriage the series does not have the legal power to ask for their rights because there is no document which proves that she is the wife of from si fulan. Maintaining the rights of the wife and children is an obligation, and one way of keeping these obligations were fulfilled is to record the wedding at KUA. Something that will make the obligation done perfectly then it becomes mandatory, then the recording of marriages in KUA is mandatory for the sake of safeguarding the rights of spouses and children. That is the law of their respective religions and beliefs that include provisions of legislation that applies to the religion and beliefs that all does not contradict or not specified in this Act.. Those who become victims (usually the wife) do not have the force of law to obtain its rights when faced with state law. The only way that reached through mediation, discussion is merely a consensus outside the courthouse.

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Contact Email
Alrisalahiainbone@gmail.com

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+6285113333130

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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

Abstract

Abstract

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