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Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 24078115     EISSN : 26223945     DOI : https://doi.org/10.24252/al-qadau.v8i2.19541
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
The subject of Al-Qadau: Peradilan dan Hukum Keluarga covers textual and fieldwork with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic civil law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 10 No 2 (2023): Desember" : 7 Documents clear
Praktek Pemenuhan Hak Nafkah Anak Pasca Perceraian Oleh Ibu Menurut Q.S. Al-Baqarah Ayat 233 (Studi Di Pondok Pesantren Al-Mahrusiyah III Ngampel Kota Kediri) Rizki, Rieza; Al Amin, Habibi
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.38825

Abstract

Divorce is one of the things that results in the breakdown of the marriage relationship. This also has an impact on children born in the marriage. The obligation to fulfill children's maintenance rights is basically still the father's obligation, based on one of the editorials of Q.S. al-Baqarah verse 233 which states that the obligation to provide maintenance is the father's obligation. However, there are cases where after divorce the fulfillment of children's maintenance rights is carried out entirely by the mother. This study focuses on 1) the fulfillment of children's maintenance rights according to Q.S. al-Baqarah verse 233 and 2) the fulfillment of children's maintenance rights after divorce by the mother according to Q.S. al-Baqarah verse 233. This study is a literature study with qualitative methods. The case data in this study was found in other research that the author did before. The conclusions of this study are 1) the fulfillment of child maintenance rights according to Q.S. al-Baqarah must be carried out based on the needs and best interests of the child and 2) the practice of fulfilling child maintenance rights after divorce by the mother is in line with the content of Q.S. al-Baqarah verse 233 because the division of duties in the verse cannot be interpreted rigidly and the implementation of child maintenance must pay attention to the needs and best interests of the child.
Pengaruh Fatherless terhadap Akhlak Anak dalam Kajian Hukum Keluarga Islam Laman, Ilham; Ma'ruf, Muh. Azhar; Sakka, Rahman; Meidiyansyah, Wahyu
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.39203

Abstract

This research aims to examine the influence of fatherlessness (the absence of a father) on children's moral conduct from the perspective of Islamic family law. Fatherlessness is a phenomenon where a child does not have an actively involved father in their life. In Islam, the family is an important institution that provides a strong foundation of morals and ethics to children. The research method employed is a qualitative approach, utilizing documentary analysis, literature review, and interviews with experts in Islamic family law. Through this research, it is expected to gain a better understanding of the impact of fatherlessness on children's moral conduct within the context of Islamic family law. The findings of the research indicate that the presence of a father in the family plays a crucial role in shaping children's moral conduct. The father serves not only as an economic provider but also as a moral guide and authoritative figure who imparts religious education and Islamic values to the children. The presence of a father can influence the attitudes, behaviors, and overall moral understanding of the children. Furthermore, fatherlessness can also lead to an imbalance in the formation of a child's identity. Children without the presence of a father often struggle to develop their sense of self and find their proper roles in society. This can have negative implications for their moral conduct, such as a lack of responsibility, a tendency to engage in negative behaviors, and deficiencies in social skills. In the context of Islamic family law, this research also explores the concept of paternal responsibilities in educating children, as well as the family's responsibility in creating an environment supportive of positive moral development. The research identifies several potential solutions to address the issue of fatherlessness, such as the establishment of father mentoring programs, family empowerment initiatives, and active community involvement in supporting incomplete families Keywords: Fatherlessness, Children's Moral Conduct, Islamic Family Law, Role of Father, Negative Influence
The Functions and Objectives of Islamic Law and Their Correlation with Community Development Iqbal, Muhammad
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.39370

Abstract

The function and purpose of Islamic law is often referred to in ushul fiqh with the term maqashid al-syariah as an effort for the welfare of society and realizing the benefit to humans. This study uses a qualitative approach in analyzing, explaining, describing and revealing research results. The data collection technique used was a literature study (library research). This study aims to explore the functions and objectives of Islamic law towards the development of people's daily life, at least knowing the purpose of the law maker (God) to prescribe Islamic law to the community as the executor of the law. This study found that the objectives ofIslamic law are divided into three levels, viz dharuriyyat, pilgrimage andtahsiniyyatThe purpose of Islamic law in terms of benefit is basically divided into 2 namely dharuriyyat and ghairu dharuriyyat This basic benefit is often known by the term kulliyat al-khams(five points/core) namely protection of religion, protection of life, protection of reason, protection of offspring and protection of property. The five points/cores lead to human benefit in this world and in the hereafter. Keyword: Keywords: Purpose of Islamic Law, Function of Islamic Law, Maqashid al-Syariah, Community Building
Membentuk Keluarga Islami untuk Menghadapi Tantangan Zaman Perspektif Syafiq Riza Hasan Basalamah Hikmah Widiatun Nisa; Irsan
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.41574

Abstract

The family is understood as a primary group consisting of two or more people who have a network of interpersonal interactions, blood relations, marital relations, and adoption. One of the important obligations of a family leader from an Islamic point of view is to fortify his family members by forming an Islamic family to avoid disobedience, especially as the era of disobedience has become more and more rampant. The problems that will be discussed in this study are what is the definition of an Islamic family, what are the steps to form an Islamic family to face the challenges of the times, and what are the goals of forming an Islamic family. The problems above will be answered through the perspective of Syafiq Riza Hasan Basalamah, who is one of the Islamic leaders in Indonesia. The purpose of this research is to know the definition of an Islamic family from the perspective of Syafiq Riza Hasan Basalamah, to know and find steps and goals to form an Islamic family to face the challenges of the times from the perspective of Syafiq Riza Hasan Basalamah. This research approach uses a qualitative descriptive approach. The results of this study show that: Syafiq Riza Hasan Basalamah states that the definition of an Islamic family is a family that always serves Allah subhaanahu wata'aala. There are four steps in forming an Islamic family which Syafiq Riza Hasan Basalamah explains in his video. And there are three objectives of forming an Islamic family mentioned by Syafiq Hasan Riza Basalamah in his video.
Pernikahan Wanita Janda Perspektif Syafiq Riza Basalamah Salma; Nurul Fahmi, Muhammad
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.42617

Abstract

The status of a widowed woman is a difficult and emotional challenge because they must take care of their needs and their children alone, and they also have to feel the psychological burden of the surrounding community, because society in general still views widow status negatively. Widowed women, if they decide to remarry after a divorce, are underestimated by most people and even labeled with negative things. This research was conducted with the author raising the perspective of an Ahlusunnah da'i, namely Syafiq Riza bin Hasan bin Abdul Qadir bin Salim Basalamah. He is an Ahlusunnah da'i who often discusses Islamic law and marriage based on the foundation of the Qur'an and Hadith. Hence, the purpose of this study is to provide insight and information about the law of remarriage for widowed women and the wisdom of marrying widowed women from an Islamic perspective and the perspective of Syafiq Riza Basalamah. This research was conducted using a qualitative approach method that uses content analysis where data sources are obtained from YouTube videos, books, and several scientific papers. Thus, the results of this study have found that the law of remarriage for widowed women from an Islamic perspective and the perspective of Syafiq Riza Basalamah is that it is permissible not to do so and is obligatory under certain conditions, and helping widows is not only marrying but also meeting their needs.
Pertimbangan Hakim dalam Menetapkan Nafkah terhadap Istri Pasca Perceraian Patimah; Kiljamilawati; Tegar, Israh Ramdana
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.43383

Abstract

Determination of the burden of income by the husband on the wife When a divorce occurs, it is the authority of the judge in determining the amount, and in practice it varies because there are no special rules governing in detail for the judge in determining the amount of income for the wife This article tries to explain the judge's considerations or interpretations in determining the amount of maintenance for a wife after divorce which is based on the decision of the Pangkajene Religious Court with case number: 248/Pdt.G/2023/PA.Pkj regarding how the judge then tries to protect women's rights. . This article will analyze the judge's decision which imposes an obligation on the husband to fulfill obligations to his wife in the form of payment of iddah living, madliyyah living, and mut'ah.
Emotional Maturity in Building Household Harmony from the Perspective of Maqashid Syariah: A Study of Married Couples in Samarinda City Hidayat, Muhammad Yususf; Andaryuni, Lilik
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v10i2.44348

Abstract

Harmony within a marital relationship reflects an ideal state where couples strive for balance and alignment across various aspects of their shared life. Emotional management stands as a cornerstone in achieving this harmony. This article delves into emotional maturity among couples in Samarinda City in building marital harmony from the perspective of Maqashid Sharia. The research method employed is qualitative with a case study approach, drawing data from interviews with married couples in Samarinda. Data analysis is conducted interactively, encompassing data collection, condensation, presentation, and conclusion drawing. The research findings assert that emotional maturity plays a pivotal role in achieving marital harmony. For couples in Samarinda, emotional maturity influences communication, conflict management, emotional involvement, and resilience in facing challenges. Integration with the principles of Maqashid Sharia also demonstrates the influence of Islamic values in supporting emotional maturity and affecting all aspects of family life.

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