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Siti Nurul Fatimah
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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 205 Documents
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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.
Komparasi Takhshish al-Qadla Pada Sanksi Hukum Pelanggaran Undang-Undang Perkawinan: Studi di Indonesia, Malaysia dan Singapura Ulya, Nanda Himmatul
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.51630

Abstract

Family law reform in Muslim countries has been carried out since the 7th century until now. The aim is to respond to the development of the times and the concept of classical fiqh which is considered less accommodating in answering current family problems. This study aims to understand the form of takhshish al-qadla in applying sanctions to the Marriage Law in Indonesia, Malaysia, and Singapore. This article is a library research using a comparative approach. The primary legal materials in this study are Law No. 16 of 2019 in conjunction with Law No. 1 of 1974 concerning Marriage, KHI, Enakmen of the Islamic Family Law of Negeri Sembilan 2003 No. 11, and Administration of Muslim Law Act 1966 (2020 revised edition). The analysis results show that the marriage laws in Indonesia, Malaysia, and Singapore contain legal sanctions for citizens who violate these rules. Comparison of the three countries, namely: 1) Indonesia, there are 6 elements included in the criminal provisions with a penalty of a fine of IDR 7,500 or 3 months imprisonment. 2) Enakmen of the Islamic Family Law of Malaysia, 8 provisions included in the penalty section with a maximum fine of RM 1,000 or imprisonment of 6 to 1-year maximum. 3) Singapore in AMLA 1996 (2020 revised edition) imposes sanctions on 6 violations of marriage rules with a maximum fine of $ 500 (five hundred Singapore dollars) or imprisonment for a period of not more than 6, 12 months to 3 years. The legal sanctions contained in the marriage rules in Indonesia, Malaysia, and Singapore are a form of bakhshish al-qadla carried out by the government to provide legal certainty and threats to comply with the rules, norms, and regulations in force in a country.
Menelusuri Tradisi Tukar Cincin dalam Mappetuada: Implikasi Maqasidh Al-Syariah terhadap Keluarga dan Masyarakat Jumiyati; Abd. Hakim; Anwar, Wirani Aisiyah; Wahyu, A. Rio Makkulau; Putri Kurniati
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.51772

Abstract

This study examines the tradition of exchanging rings in the Mappettuada ceremony, which is part of the engagement process (khitbah) in Bugis culture, with a focus on the implications of Maqasidh al-Syariah for family and society. This tradition not only serves as a symbol of love and commitment between the engaged couple but also reflects the deep social and religious values within Bugis society. The study aims to understand how Mappettuada plays a role in strengthening social bonds and how this tradition aligns with the principles of Maqasidh al-Syariah, particularly in the protection of religion (hifdz al-din), life (hifdz al-nafs), and lineage (hifdz al-nasl). Using a qualitative-descriptive and phenomenological approach, this research explores the dynamics between customary practices and Islamic law in the context of marriage, as well as its impact on family welfare and societal harmony. The findings show that the tradition of exchanging rings in Mappettuada not only strengthens individual and family relationships but also serves as a means to preserve moral and religious values in the Bugis community, demonstrating the synchronization between local customs and Islamic law.
Penegakan Hukum Zina Dalam Hukum Islam dan Hukum Positif: Kritik terhadap Putusan Hakim dan Tawaran Solusinya Musyafa; Yassir, Muhammad; Fachri Zain, Bayu Rizky
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.52493

Abstract

The enforcement of zina law in Islamic law and positive law in Indonesia shows significant differences in the definition, application of sanctions, and legal process. This difference creates a misalignment between society's expectation of a strict application of sharia norms and the more lenient rules of positive law. In Islamic law, adultery is a serious offense with strict sanctions such as stoning or flogging, while Indonesian positive law only provides minor criminal penalties for perpetrators who are bound by marriage, and often does not provide the deterrent effect expected by society. This research aims to criticize the judges' decisions in handling adultery cases and propose solutions through harmonization of Islamic law and positive law, based on the principle of Maqasid al-Syariah. This research approach uses qualitative research, reviewing literature with literature studies. Normative and comparative analysis is conducted to understand the discrepancies and their implications for the protection of the rights of children out of wedlock, which in Islamic law is often not recognized as the status of the biological father, but is recognized in positive law. The results show that harmonization between the two legal systems is necessary to bridge this discrepancy and provide substantive justice for children of adultery. The implementation of Maqasid al-Syariah is expected to protect children's rights while strengthening sanctions against perpetrators, thus meeting the expectations of social justice without ignoring the basic values in Islamic law.
Hadis Menuntut Ilmu Bagi Wanita sebagai Refleksi Kesetaraan Gender dalam Kajian Hukum Islam Wakia, Nurul; Ahmad, La Ode Ismail; Sakka, Abdul Rahman
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.52516

Abstract

The pursuit of knowledge provides women with opportunities to share insights and understanding of religion and social wisdom. This endeavor can enhance faith, support social progress, contribute to various fields that benefit the community, and position women as essential role models for future generations. Specifically, this article discusses the status and obligation of seeking knowledge for women based on the hadiths of Prophet Muhammad (peace be upon him), reflections on women’s pursuit of knowledge, and their role in social life from the perspective of the Prophet. This article employs a qualitative research method based on library studies, using primary sources from literature relevant to the research focus. A thematic approach is applied to interpret the hadiths concerning the obligation to seek knowledge. The findings reveal that education for women in Islam is an obligation equal to that for men, rooted in religious teachings that place knowledge as the foundation of faith and piety. Prophet Muhammad (peace be upon him) emphasized the importance of knowledge for every Muslim, regardless of gender, making it a vital means for understanding religion and enhancing social roles.
Perspektif Al-Qur'an tentang Hak dan Kewajiban Suami Istri sebagai Upaya Pencegahan Kekerasan dalam Rumah Tangga Sapinah; Achmad Abubakar; Sohrah
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.53091

Abstract

This study aims to analyse the Qur'anic verses related to the rights and obligations of husband and wife, as well as explore ways to contextualise these verses in an effort to prevent domestic violence (KDRT) in the modern era. This research uses a qualitative approach with the type of library research. The data used is secondary data, which includes the Qur'an, Hadith, books, and articles relevant to the topic of discussion. The results of the analysis show that the Qur'an emphasises the principles of love (mawaddah wa rahmah), good treatment of spouses, equality in husband and wife relations, and responsibility as a family leader, which are the foundation for the creation of a harmonious household. These principles serve as a theological foundation in the prevention of domestic violence. A correct understanding of Qur'anic verses can be an effective solution to domestic violence, especially in highly religious societies such as Indonesia. This study recommends the education of Qur'anic values in premarital programmes, strengthening the role of religious institutions, and formulating policies based on Islamic principles as an effort to prevent domestic violence. This approach is expected to create harmonious families and a society free from violence in accordance with Qur'anic values.
Women's Rights in Rejecting Polygamy: Islamic Law Perspective and Compilation of Islamic Law in Indonesia Ledianto, Fajar; Khalilullah; Muis, Muhsin
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 2 (2024): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i2.53218

Abstract

Abstract Polygamy is an inevitability that must be accepted by every individual who holds firmly to the tenets of Allah's religion, Islam. Islam regulates the issue of polygamy in great detail to maintain balance, justice, order, and to avoid tyranny. The Sharia on polygamy came down with the spirit of reducing quantity, not the opposite, through a very strict mechanism of justice. Unlike the pre-Islamic culture that legalized men to marry an unlimited number of wives, Islam limits a man to marry only up to four women. Additionally, Islam also grants women or their guardians the right to accept or reject polygamy. For instance, the Prophet Muhammad (peace be upon him) prohibited Ali ibn Abi Talib from marrying another woman while still married to his beloved daughter Fatimah. This research methodology uses a qualitative approach with an exploratory type. This study will examine two things: first, the analysis of the limits of polygamy from the perspective of fiqh law and the Compilation of Islamic Law (KHI). Second, women's right to refuse polygamy. The results of this study are, firstly, that polygamy is prescribed based on the principle of maslahat (benefit), hence religion grants wives the right to accept or refuse polygamy.

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