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Muktashim Billah
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Journal of Family Law and Islamic Court
Published by Universitas Muhammadiyah Makassar
ISSN : 29625963     EISSN : 29625327     DOI : https://doi.org/10.26618/jflic.v2i1.10480
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Journal of Family Law and Islamic Court (ISSN: 2962-5963 (Print) 2962-5327 (Online)) is an national peer-reviewed open access journal that aims to spread conceptual thinking or ideas, review and the research findings obtained in Family Law and Islamic Courts. Journal of Family Law and Islamic Court promotes scholarly, theoretical, pragmatic, and contemporary research, making a clear conceptual and methodological contribution to existing international literature. Its spesific aim is to enhance the broad scholarly understanding of Islamic Law, Family Law, Islamic Courts, Islamic Economics, Islamic Politics. Submissions that focus upon the Islamic Law or Islamic Courts of any of these levels or units of analysis in a way that interestingly and effectively brings together conceptual analysis and empirical findings are welcome. Journal of Family Law and Islamic Court is committed to disseminating rigorous, high-quality research and debate with a scientific influence on the international society. To that purpose, the Editorial team follows a meticulous editorial procedure, bringing the most sophisticated research on Islamic Law and Islamic Courts. The journal is online and has open access, and its internal publication procedure enables it to distribute its research findings internationally promptly.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
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حكم الطلاق العاطفي و آثاره في العلاقات الزوجية Mujahidah, Anisa; Muchtar, M. Ilham; Hijazi, Muh Chiar
Journal of Family Law and Islamic Court Vol 2, No 3 (2024): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i3.16906

Abstract

المحور الأساسي في هذا البحث يناقش حكم الطلاق العاطفي في الفقه الإسلامي. و الطلاق العاطفي هو حالة تعتري العلاقة الزوجية يشعر فيها الزوج والزوجة بخواء المشاعر بينهما، وينعكس ذلك على جميع التفاءلات داخل الأسرة. وحيث إن الطلاق العاطفي يعتبر ظاهرة خطيرة تهدد العديد من الأسر بمجتمعتنا اليوم، بل وقد يؤدي إلى تدميرها، فتضطر الباحثة لمحاولة كشف حفيفة الطلاق العاطفي وآثاره في الحياة الزوجية من منظور الفقه الإسلامي.  و يحتوي هذا البحث على مسألتين أساسيتين، وهما: 1) ما حكم الطلاق العاطفي في الفقه الإسلامي، 2) ما آثار الطلاق العاطفي في العلاقة بين الزوج والزوجة. وقد قامت الباحثة في كتابة هذا البحث بأخذ البيانات من الدراسة المكتبية في إعداده. أولاً: تم أخذ بيانات هذا البحث من كتب الفقه الإسلامي، والمقالات، والمجلات، والعديد من الأوراق العلمية التي تناقش المشكلة الرئيسية لهذا البحث. و ثانياً، يتم بعد ذلك تجميع البيانات التي تم الوصول إليها ومعالجتها بحيث تكون متوافقة مع موضوع البحث. ومن نتائج هذا البحث ما يلي: 1) حكم الطلاق العاطفي الذي يقصد هنا هو مجرد مجازي  و الحقيقة هو الانفصال العاطفي بين الزوجين، وإذا كان متعلقا بالفقه الإسلامي فيصعب تحديده بسبب هذا الطلاق ليس الطلاق في نظر الشريعة الإسلامية. 2) للطلاق العاطفي هو عدد من الآثار السلبية التي لا تقتصر على العلاقات الزوجية فحسب، بل لها تأثير كبير أيضا على الحياة الاجتماعية، من زيادة عدد الطلاق في المجتمع وزيادة مشاكل في رعاية الطفل وغيرها من الآثار السلبية على الأجيال القادمة
The Law of Adopting Children in Islamic Fiqh and the Compilation of Islamic Law Ramadhanti, Maghfirah Nur; Satrianingsih, Andi; Basri, St Risnawati
Journal of Family Law and Islamic Court Vol 3, No 1 (2024): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i1.16912

Abstract

This research aims to understand the law of adopting children in Islamic Jurisprudence and the law of adopting children in the Compilation of Islamic Law. This type of research is library research with a qualitative approach. The primary data sources used in this research are Islamic jurisprudence books and the Compilation of Islamic Law (KHI). Meanwhile, secondary data sources are books, journals and textbooks that are related to what the author discusses. The data collection technique in this research is documentation. Then analyzed using content analysis techniques. The results of this research are that adoption in Islamic jurisprudence is prohibited if the adopted child's lineage is attributed to his or her adoptive parents. Because Islamic jurisprudence scholars agree that a child's fate is determined by three things, namely a valid marriage, a fasid marriage, and wathi' syubah. However, adopting a child with the aim of caring for, nurturing and educating with love without changing the child's lineage is a commendable act and is a pious deed recommended by the Islamic religion. In Islamic jurisprudence, adopted children do not inherit from their adoptive parents, but can only obtain property from their parents through a gift or will and their adoptive parents cannot act as guardians for their marriage. Apart from that, adopted children are not mahram to their adoptive parents, so they must pay attention to the boundaries in interacting between the two. As for the adoption of children in the Compilation of Islamic Law, it is permissible, provided it is limited to transferring responsibility from the child's parents to the adoptive parents. This transfer of responsibility includes paying for daily living, caring for him with love and fulfilling all his needs, without changing the child's fate. Apart from that, adopted children do not become heirs of their adoptive parents, but have the right to obtain a mandatory will as regulated in article 209 and adoptive parents do not have the right to become marriage guardians for their adopted children
The Impact of Biological Dissatisfaction of Husband and Wife on Divorce at the Religious Court of Bantaeng Regency 2021-2022 Mahenra, Usril Asyar; Muchtar, M Ilham; Billah, Muktashim
Journal of Family Law and Islamic Court Vol 2, No 2 (2023): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i2.16872

Abstract

This study is to determine the Impact of Biological Dissatisfaction of Married Couples on Divorce in the Bantaeng Regency Religious Court in 2021-2022, this purpose is described in sub-problems: 1. How is the picture of divorce caused by biological dissatisfaction factors of married couples that occur in the Bantaeng Regency Religious Court. 2. How the impact of biological dissatisfaction on married couples led to divorce at the Bantaeng Regency Religious Court. This research is a field research that uses a qualitative approach by conducting an interview and documentation process. The results of this study show that based on data from the Bantaeng Regency Religious Court, divorce cases in Bantaeng Regency in 2021-2022 have increased. In 2021 there were 337 divorce cases and in 2022 there were 379 divorce cases. Divorce occurs due to several factors including economic factors, family, biological dissatisfaction or other factors. 15%-25% of the total cases each year divorce due to biological dissatisfaction and partly due to other factors. And the impact of biological dissatisfaction with the couple is first, lack of respect for the partner, second, not being provided for by the husband and domestic violence.
Tree Planting before Merriage in Village Regulation No. 2 of 2009 in Bone-Bone Village, Enrekang Regency According to Maslahah Khairiah, Nahdiatul; Salam, Abdul; Jumadil, Jumadil; Kappaja, Ismail; BN, Andi Muh. Taqiyuddin
Journal of Family Law and Islamic Court Vol 3, No 2 (2024): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i2.16543

Abstract

This research was conducted to know (1) the implementation of regulation no. 2 of 2009 Article 3 Bone-Bone Village and (2) the perspective of benefits for the implementation of Bone-Bone Village regulations No. 2 of 2009 Article 5. This research is field research using qualitative methods. The approach used in this study is an empirical juridical approach, with data collection techniques through observation, interviews, and document review. primary and secondary primary data obtained by conducting interviews with village government, religious leaders, and communities involved secondary data from documents related to data analysis techniques in this study starting from the data collected and then analyzed, then classifying the data that has been collected then the data is concluded.The results of this study indicate that (1) Implementation of Regulation No. 2 of 2009 Article 5 Bone-Bone Village, there are two, namely the first introduction to Regulation No. 2 of 2009 Article 5 which introduces the regulation using socialization. Then the second is the stage of implementing regulation No.2 of 2009 Article 5, namely registration, then planting trees and reporting; (2) Rules for planting trees No. 2 of 2009 Article 5 This regulation aims for the benefit and welfare of the community. From the perspective of this benefit, it is maslahat mursalah. Maslahat mursalah is something that brings benefits (profits) and keeps harm (damage) away. 
A Review of Islamic Law on Community Traditions on the Prohibition of Marriage in the Month of Muharram (Case Study in North Galesong District, Takalar Regency) Aisyah, Aisyah; Abbas, Abbas; Muntadzar, Ahmad
Journal of Family Law and Islamic Court Vol 2, No 3 (2024): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i3.16863

Abstract

In North Galesong sub-district, Takalar regency, there is a custom that although some people have abandoned it, there are still some who follow this traditional custom. Tradition in North Galesong sub-district of Takalar district links the time of the month of Muharram with the time of marriage. According to the words of the previous parents, the month of Muharram is a bad month for marriage, known as bulang bambang. Whereas in Islamic law there is nothing that explains the existence of bad times in the implementation of marriage. This type of research is qualitative research. It can be concluded that: 1). The impermissibility of holding a wedding in the month of Muharram in North Galesong sub-district of Takalar regency is a custom left by previous parents. The impermissibility of holding a wedding in the month of Muharram is still followed by some people. The month of Muharram is commonly referred to as bulang bambang by people in North Galesong sub-district, Takalar regency, because this month, according to previous parents, there were many bad events that occurred so that previous parents attributed it was not good to hold a wedding in the month of Muharram. 2). The tradition of not being allowed to hold a wedding in the month of Muharram in North Galesong sub-district of Takalar district in Islamic law can be said that choosing a good time to hold a contract / marriage is okay because in the case of muamalah including cultural traditions the law changes as long as there are no deviations, but considers that the month of Muharram is a bad month for holding a marriage including bad deeds to Allah Almighty. In this case Islam came to strengthen tawhid our belief that everything happens by the will of Allah Almighty. In Islamic law, a person may enter into marriage if the pillars and conditions have been fulfilled and do not violate the provisions of marriage.
Castal Punishment in the Perspective of Islamic Law Atika, Nur; Nuh, Ahmad; Salam, Abdul; Kappaja, Ismail
Journal of Family Law and Islamic Court Vol 3, No 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18032

Abstract

This study aims to examine the application of chemical castration punishment to perpetrators of child sexual violence in Indonesia from the perspective of Islamic law. In Indonesia’s positive law, chemical castration is regulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional penalty. The method used is a normative juridical approach with a qualitative research design. This study seeks to analyze the compatibility of chemical castration with the principles of Islamic law, focusing on whether it aligns with the maqashid al-sharia (objectives of Islamic law) and the core values of justice and fairness. The research findings suggest that chemical castration could be categorized as a form of takzir (discretionary punishment) in Islamic law, provided it does not conflict with the fundamental objectives of sharia, and that its implementation must adhere to the principles of proportionality and fairness. The research also critically assesses the broader implications of chemical castration, particularly from ethical, human rights, and legal perspectives. It delves into the ethical concerns of the medical profession regarding its implementation, highlighting the balance between upholding justice and respecting human dignity. Additionally, the study explores the views of contemporary Islamic scholars on the use of chemical castration as a punishment, assessing the debates surrounding its legitimacy in the context of Islamic jurisprudence. Ultimately, the study aims to provide a comprehensive understanding of the legal, ethical, and religious dimensions of chemical castration as a criminal penalty in Indonesia.
The Effectiveness of the Bride-to-be Course in Reducing the Divorce Rate at the Religious Affairs Office of Karossa District Central Mamuju Regency Kurnia, Nur Isra; Bakri, Mukhlis; Hijaz, Muh Chiar
Journal of Family Law and Islamic Court Vol 3, No 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18060

Abstract

This study aims to examine the effectiveness of the implementation of Suscatin in KUA Karossa District, as well as to analyze the supporting and inhibiting factors in its implementation. This study uses a qualitative descriptive method (Field research), with data collection techniques in the form of observation, interviews, and documentation. The research subjects consisted of the head of KUA, Islamic religious extension workers, and course participants. Data analysis is carried out through the process of data reduction, data presentation, and conclusion drawn. The results of the study show that Suscatin at KUA Karossa has been implemented in accordance with technical instructions from the Ministry of Religious Affairs, and has a fairly good effectiveness in providing an understanding of the rights and obligations of husband and wife, communication in the household, and conflict management. This can be seen from the increasing awareness of brides-to-be on the importance of readiness before marriage, and the decrease in divorce rates after the program is carried out regularly. Supporting factors in the implementation of this program include the existence of active religious extension workers, cross-agency cooperation, and community support. Meanwhile, the inhibiting factors are limited facilities, and lack of operational funds.
Review of Islamic Law on Pemmali Kawing Kembar in Cening Village, West Malangke, North Luwu Hasnia, Hasnia; Assaad, Andi Sukmawati; Arif, Firman Muhammad
Journal of Family Law and Islamic Court Vol 3, No 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.17968

Abstract

This thesis discusses the Pemmali of Twin Marriages in Sibling Relationships Case Study of Cenning Village, West Malangke District, North Luwu Regency. This study aims to determine and understand the implementation and review of Islamic law in the twin marriage contract of sibling relationships. This type of research is qualitative research with an an empirical and historical juridical approac approach. The data sources used in this research are primary and secondary data. Then the data collection techniques in this research are observation, interviews, and documentation, data management techniques, namely using inductive methods, deductive methods, comparative methods and drawing conclusions. The results of the study found that the implementation of a twin marriage contract in a sibling relationship is the same as a marriage contract general; the only difference is that one of the brides does the marriage contract one day before the reception, and the other bride does the contract on the day of the reception because the people of Cenning village believe that if the marriage contract is carried out simultaneously, it will result in problems from for one of the twin marriage brides. Meanwhile, in the review of Islamic law, pemmali twin marriages in sibling relationships are permissible, because based on the results of research in their implementation.

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