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Jurnal Diskursus Islam
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 23385537     EISSN : 26227223     DOI : -
Core Subject : Religion, Economy, Humanities, Education, Social,
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice
Jurnal Diskursus Islam adalah jurnal yang diterbitkan oleh Program Pascasarjana UIN Alauddin Makassar yang merefleksikan diri sebagai wadah akademik untuk publikasi artikel ilmiah. Jurnal ini menfokuskan pada kajian/studi islam dalam berbagai aspeknya yang diharapkan dapat memberi referensi bagi pembaca dalam pengembangan wawasan akademik dan keilmuan.
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Articles 12 Documents
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Search results for , issue "Vol 10 No 2 (2022): August" : 12 Documents clear
LEGAL ASPECTS OF IMPLEMENTATION OF ADDITIONAL EMPLOYEE INCOME FOR STATE CIVIL APPARENTS IN MAKASSAR HEALTH SECTOR Rezky Arsita; Syamsul Bachri; Marwati Riza
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.29798

Abstract

The provision of TPP is to improve employee welfare and satisfaction with the performance benefits of ASN employees. However, in Makassar there is an exception for the provision of TPP ASN for health workers which results in discrimination for health workers. Thus, the author is interested in studying the implementation of Perwali Number 58 of 2020, the mandate of the Minister of Home Affairs Number 061-5449 of 2019 concerning the Procedure for Approval of the Minister of Home Affairs on the TPP ASN in the scope of the Regional Government. This study used an empirical approach to legislation (Statute Approach) commonly known as the juridical-normative approach. This research also used a conceptual approach which is a type of legal research that provides an analytical point of view on solving a problem from the aspect of legal concepts. The results of the analysis from this study state that the implementation of Perwali Number 69 of 2020 accommodates the provision of TPP for Health workers and is in accordance with the laws and regulations as the legal basis for implementing PP Number 12 of 2019 concerning Regional Financial Management. However, it is still limited because it is only managed in certain agencies, namely only at the Health Office, not to the UPT Hospitals and Public Health Center due to several components, namely workload and work performance not being met, the existence of medical services, and regional financial capabilities. So that there is a need for coordination and optimization of increasing effectiveness regarding the elements of the tested criteria for providing TPP.
PRODUCTIVE WAQF MANAGEMENT VIEWED FROM THE MAQASID SYARIAH ASPECT AT THE UMI MAKASSAR WAQF FOUNDATION Desy Rahmawati Anwar; Mukhtar Luthfi; M. Nasir Hamzah
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30023

Abstract

This research discusses the appropriateness between Maqasid Sharia aspects and the management of productive Waqf of Indonesian Muslim University's (UMI) Waqf Foundation. The primary objective of this research was to investigate whether the management practices of the Waqf of UMI had contributed to the dharuriyah needs of society or not. In this case, the Waqf management is expected to have beneficial functions for the religion and society where the distribution of its properties and returns could be used for the community's welfare. The methodological approach in this research was qualitative phenomenological, where the phenomena related to Maqasid Sharia and productive Waqf management at UMI foundation were investigated and thoroughly discussed. Last but not least, the Waqf development is carried out by actively providing the community with religious, Business, and health facilities. Therefore, based on the management practices mentioned above, the management of productive Waqf at the UMI foundation was considered to follow the principle of Maqasid Sharia. The purpose of Maqasih Sharia was to create prosperity and welfare for communities. This purpose has been considered to be achieved by the UMI foundation.
THE DYNAMICS OF DETERMINING MEN AND WOMEN PARTS IN MATTERS OF INHERITANCE: A STUDY OF ISLAMIC LAW Tarmizi Tarmizi; Gustika Sandra; Jumra Jumra; Sakti Yadi
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30172

Abstract

This study aims to understand the dynamics of determining men's and women's parts of inheritance; explore thoughts related to contemporary inheritance formulations and analyze from the perspective of Islamic law. This research is library research with a normative approach (syar'i) in the form of literary analysis relevant to the research object, namely the problem of determining men's and women's parts in the matter of inheritance. The Data were collected structurally through document studies to be analyzed. Data analysis uses qualitative content analysis of relevant documents or texts. As a result, determining men's and women's parts is currently experiencing dynamics 2:1 to 1:1 concept because of the influence of customary law, distribution of inheritance level of welfare, and understanding of the justice value, which has shifted from based on rights and obligations which interpreted according to the needs and conditions. The 1:1 inheritance paradigm or equal share results from the ijtihad of contemporary figures by understanding the value of justice according to social situations and conditions and gender equality. The initiators of the paradigm are Hazairin with the concept of bilateral inheritance, Munawir Sjadzali with his quantitative equation, Muhammad Syahrur, and Yahya Harahap with the concept of boundary theory. According to Islamic law, the 1:1 inheritance paradigm is not contradictory because the goal is for the common good of the heirs. In contrast, the benefit is the goal of Islamic law through the concept of maqāsiḍ sharia by paying attention to the rules of Islamic law, such as not ignoring human rights and maintaining good relations with others. Islamic law, with its flexibility that can adapt to place, time, and circumstances, has also blended with the results of contemporary ijtihad.
THE IMPLEMENTATION OF INDONESIAN EMPLOYMENT LAW IN PROTECTING THE WELFARE RIGHTS OF INDONESIAN MIGRANT WORKERS ACCORDING TO ISLAMIC LAW Ali Imron; Abd. Qadir Gassing; Hasyim Aidid; Marilang
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30451

Abstract

This paper elaborates on implementing Indonesian employment law in protecting the welfare rights of Indonesian Migrant Workers according to Islamic law. This type of research was field research of descriptive qualitative with a case study design. The primary data sources of this study were the Ministry of Employment and The National Agency of Placement and Protection of Indonesian Migrant Workers. The data collection techniques include observation, purposive interview, snowball sampling, documentation, and literature review. The approaches used were juridical, sociological, and normative theological approaches. The data obtained were then analyzed by data reduction techniques, presentation, concluding, and data verification. The study results indicate the implementation of Indonesia’s employment law through the instruments of Constitution Number 13 of 2003 about Employment and Constitution Number 39 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad (PPIMWA). The revision of Constitution Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PIMW) has empowered and employed Indonesian migrant workers optimally and humanely. The theory of Maqasid al-Syar’i‘ah takes the employment into the category of the essential five human elements (al-Daruriyyat al-Khamsu). It refers to religion, soul, lineage, property, and mind at the primary level (al-D{aruriyyat), then the legal protection of Indonesian migrant worker who is komprador in maintaining and preserving human rights must also be embodied.
IMPLEMENTATION OF THE AL-ADL CONCEPT IN THE PRACTICE OF MUZARA'AH AND MUKHABARAH IN THE DISTRICT'S LEADING AGRICULTURAL SECTOR BANTAENG SOUTH SULAWESI Hasriliandi Halim; Muslimin H. Kara; Abdul Wahid Haddade
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30675

Abstract

The primary purpose of this research was to investigate the implementation of the al-Adl Concept on the Practices of Muzara'ah and Mukhabarah. This research particularly examined and determined the most suitable profit-sharing contract decisions to be applied to the leading agricultural sector in Bantaeng Regency. A qualitative research design was adopted in this study by using a phenomenological research approach. The data collection methods used in this study were observation, document analysis, and direct interviews with several informants. The data of this research were analyzed using descriptive qualitative data analysis and pairwise comparison scale qualitative analysis using the Analytical Hierarchy Process (AHP) method. The study results indicated that the community's practices of muzara'ah and mukhabarah in Bantaeng Regency had been well conducted.
THE IDEA OF GASSĀN HAMDŪN IN THE BOOK TAFSĪR MIN NASAMĀT AL-QUR'ĀN KALIMĀT WA BAYĀN Hadrawi Abdullah; Muhammad Galib; Muhammad Sadiq Sabry
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30678

Abstract

The purpose of this study is to find out the Idea of Gassan Hamdun in the book of Tafsir Min Nasamat al-Qur'an Kalimat wa Bayan which relates to interpretation techniques, writing systematics and their characteristics, advantages and disadvantages of the book. The results of this study show that Gassan Hamdun used the Ijmali method in interpreting verses from the Qur'an by being sourced from the tafsir bi al-ma'syour and other major tafsir books such as Tafsir Jalalain Tafsir Imam Nasafi, Tafsir Al-Alusi, Tafsir Ibn Kasir, Al-Jami' Li Ahkam al-Qur'an " by Imam Qurtubi tafsir "Fi Zilal al-Qur'an" by Sayyid Qutub. According to Gassan Hamdun the source of the interpretation of bi alma's}youris the most correct compared to other sources of variation, although he also made the book of interpretation bi al-ra'yi al mahmud, which is an interpretation that relies on ijtihad as the source of his understanding, such as the interpretation of al-Alusi. Gassan Hamdun presents a book of performances in which each arrangement uses a specific formula and code. This formula and code are the form initials of the letters, which aims to make it easier for the reader to know the reference to his interpretation and save the writing in his book to produce a beautiful book to read.
THE EXISTENCE OF THE MARRIAGE DISPENSATION IN MAJENE RELIGIOUS COURT (Study of Maqasid Shari'ah) Hardiyanti Alimuddin; Kurniati; Asni; Achmad Musyahid
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30680

Abstract

This field research provides an overview and factual and explains the various relationships of all the data obtained. This research was conducted in Majene and precisely in the working area of the Majene Religious Court. The study is based on an application for marriage dispensation. Instruments used are researchers, observation, interview, and documentation data. The judge's consideration in granting or rejecting the application for marriage dispensation at the Majene Religious Court is the completeness of the administration at the time of applying for marriage dispensation following Perma No. 5 of 2019, and there is no pro; there on marriage as in Article 8 of Law No. 1 of 1974 concerning Marriage, while still taking into account the aspects of benefit and mudharatan arising from the granting of the application for marriage dispensation.
SUPREME COURT POLICY IN INCREASING KNOWLEDGE OF RELIGIOUS JUSTICE JUDGES THROUGH THE SHARIA ECONOMIC JUDGE CERTIFICATION PROGRAM Ilman Hasjim; Kasjim Salenda; Usman Jafar; Nur Taufiq Sanusi
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30681

Abstract

This research discusses the Supreme Court's policy of increasing the knowledge of Religious Justice judges through the sharia economic judge certification program. This type of research is descriptive qualitative, a type of research to understand the phenomenon of what the research subject experiences in an exceptional natural context. The natural phenomenon referred to is how there is a relationship between PERMA Number 5 of 2016 concerning Sharia Economic Judge Certification and the Supreme Court's policy in increasing the knowledge of Religious Court judges in the field of Sharia economics, the implementation of certification activities, and the results obtained by judges after participating in the certification program, which is then given meaning. This research location focus of the researcher is the office of the Supreme Court of the Republic of Indonesia, which is domiciled in the Special Capital Region (DKI) Jakarta and Bogor Regency, West Java Province. With a methodological approach, namely case studies, normative approaches, human resources (HR), and sharia economic law approaches—data collection techniques with observation, interviews, and documentation. In addition, this research also uses library research through primary and secondary data—the technique of in-depth data analysis by reducing data, presenting data, and drawing conclusions. The results showed that the Religious Court, the Supreme Court, had done so much that it issued several regulations to support this authority. One of the policies produced was the issuance of Supreme Court Regulation (PERMA) Number 5 of 2016 concerning the Certification of Sharia Economic Judges. With the PERMA issuance, many Religious Court judges have been certified in Sharia Economics after participating in the Sharia Economic Judge Certification Training.
GHALIZUL QALB QUR’ANIC PERPECTIVE Heri Purwati; Firdaus; Halimah Basri
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30682

Abstract

This study is a study of ghalizul Qalb Perspectives of the Qur'an. The subject matter is "What is the essence of ghalizul qalb perspective of the Qur'an, how does ghalizul qalb of the perspective of the Qur'an look, and how a way of overcoming the hard heart of the perspective of the Qur'an. In answering this problem, this research is classified as library research using a multidisciplinary approach, including tafsir, theology, and Sufism. The Metode used in this study uses the method of interpreting mawdhu'i data collected by quoting and analyzing using content analysis (content analysis) of literature that is representative and has relevance or relation to the problem to be discussed reviews, and will conclude the results of the review. The results of this study show that (1) the term ghalizul qalb is contained in QS. Ali 'Imran/3:159, ghalizul qalb also has other terms including qasiyah (stiff heart), khatama (keyed heart), la yafqahun (incomprehensible heart), raib (doubtful heart) (2) ghalizul qalb form, i.e. explaining the kinds of hard hearts i.e., qalbun aglaf (closed heart), qalbun marid (aching heart), qalbun mushaffah (between a heart of faith and a sick heart), qalbun mankus (an upside-down heart), as for the signs of a hard heart that is, dependent on other than Allah, associates a lot with unhelpful things, always makes mistakes and always obeys the passions (3) the solution to overcome a hard heart can be done by acting meekly, to be forgiving, to restrain anger, to multiply the charity of shalih, and the muhasabah of oneself, as for the effect that after doing the methods of overcoming the hard heart, then one will gain happiness in the heart by the pleasure of looking at the face of god, longing in the world and seeing the afterlife and the benefit of the Khalik towards His being.
THE PRACTICE OF IMPLEMENTING CHANGES IN THE MARRIAGE AGE LIMIT THAT OCCURRED IN THE MATTIRO SOMPE DISTRICT Satriani; Sabri Samin; Kurniati
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30684

Abstract

This study discusses the practice of implementing changes in the age limit of marriage that occur in Mattiro Sompe District. This type of research is descriptive qualitative field research. This study uses primary data sources, namely interviews with child marriage actors, the Head of the Office of Religious Affairs, and people who were considered related to the discussed topic. Meanwhile, the secondary data is from various relevant books and literature, such as RI Law Number 16 of 2019 concerning Marriage and Child Protection Law Number 35 of 2014. The result of this research / scientific papers, articles, and other documents relevant to the research's substance. For tertiary data from legal dictionaries, Encyclopedias of Islam, magazines, and newspapers. The data collection methods used are observation, interviews, and documentation. Data processing and analysis techniques are carried out through three stages: data reduction, data presentation (data display), and conclusion drawing /verification. The results of this study show that the ratification of Law number 16 of 2019 is a legal product that binds every Indonesian citizen without exception, including the people of Mattiro Sompe District, as a basis or reference for those who will carry out marriages must be as regulated in Law number 16 of 2019 concerning the age limit of marriage. The social impact of the marriage age limit is based on Law number 16 of 2019, which has been implemented in the Mattiro Sompe District. The social conditions of the people of Mattiro Sompe District, which is the majority of farmers, affect responding to changes in this age limit so that they feel objections and difficulties when implementing it. Meanwhile, those with a higher education level feel the positive impact of this change in the marriage age limit. Meanwhile, the Head of KUA Subdistrict, Mattiro Sompe, in terms of psychology, puts pressure when an application is submitted from a close family or has a kinship relationship. The application of changes in the marriage age limit does not reduce the number of cases of child marriage in Mattiro Sompe District. Still, from 3 years, the application of the marriage age limit shows an increase every year and is dominated by women.

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