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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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Transformatif Paradigma Masyarakat Adat Semende Kota Bandar Lampung Dalam Pembagian Harta Waris Tunggu Tubang Hijrah Muslim; Kurniati, Herlina
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.48189

Abstract

Inheritance system The Semende traditional community generally applies a female majorat kinship system, namely the eldest daughter (wait tubang) who becomes the heir. However, along with the times, there has been a paradigm shift that has occurred in a small portion of the Semende contract community, especially those in overseas lands, who no longer apply the traditional Twai Tubang inheritance system as is the case in the city of Bandar Lampung. This research aims to examine the meaning of the shift and the factors that caused the shift in the paradigm of the Semende indigenous community towards the matrilineal inheritance system. This type of research is carried out using sociological law or empirical juridical research, which is descriptive analytical in nature which describes and explains the kinship structure of the Semende indigenous community in the city of Bandar Lampung which is taken from primary data by conducting interviews and secondary data by processing data from primary legal materials and even secondary law. and tertiary legal materials. From the results of the research, it can be understood that the transformative meaning/paradigm shift of the Semende indigenous community towards the matrilineal inheritance system means that inheritance rights were previously controlled by the eldest daughter but have now undergone changes, especially assets obtained from marriage, or assets obtained from overseas land. which is known as waiting for tubang hijrah, while inheritance assets in the form of agricultural land, high inheritance land, inherited rice fields, gadang houses, will be owned and controlled by Mamak, the head of the heir. One of the reasons for the shift in the paradigm of the Semende Indigenous Community is that the Semende Indigenous Community is a dynamic society, and has a life principle of behaving with high morals, self-knowledge and a big heart. Apart from that, the shift in understanding of the Tubang inheritance system is caused by several factors, such as residential environmental factors, religious/religious factors, educational environmental factors, economic factors, mixed marriage factors, educational level factors and parental love factors for children who do not differentiate between men and women.Keywords: Semende Indigenous People; matrilineal; transformative/shifting; wait for the tube
Penemuan Hukum oleh Hakim Penetapan Nafkah pasca Perceraian di Pengadilan Agama Pangkajene Kiljamilawati; Sahratunnisa
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.48897

Abstract

Legal discovery made by judges in the judicial process can provide a humanist touch in their decisions. judges’ legal findings relating ti divorce cases in the Religious Courts, such as the rights of mut’ah, right of iddah, and rights of past living. The Pangkajene Religious Courts through the decision of the religious Court number 248/Pdt.G/PA.Pkj, based on this decision, the judges tried to make a breakthrough by determining maintenance for the wife such as determining mut’ah maintenance in the amount of 5 grams of gold with the consideration that mut’ah maintenance is a form of apprecitation fot the wife who has struggled and cared for a child who are 3 years old. Apart from that the judge also determined the mut’ah living at 8.000.000 (Eight Million Rupiahs), and the iddah living at 6.000.000 (Six Million Rupiahs) all of which ehwre based on the principle of the husband’s ability.
Telaah Fiqh Aulawiyyat Terhadap Celibacy dan Childfree Pada Realitas Kehidupan Sosial Nahdhiyyah, Husnun
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.48930

Abstract

Celibacy or in Arabic is called tabattul (being celibate forever) is defined as a person's attitude not to commit themselves to a sexual relationship, while Childfree is a person's decision not to have children in their life for certain reasons. If someone is faced with a case that allows childfree and celibacy, which is the main thing in the jurisprudence of aulawiyyat. The method used in this research is library research or what is usually called Library Research with a comparative approach. The research results show that the study of Fiqh Aulawwiyat can prioritize childfree over celibacy because one of the impacts of celibacy can be eliminated by implementing the sunnah of the Prophet Muhammad SAW, namely marriage. However, prioritizing childfree over celibacy does not mean that the author fully supports the practice of childfree, but it is better to avoid both problems and prioritize legal marriage and living out one's nature as a human being.
Pemimpin Amanah Dalam Perspektif Hadis Tematik : Konsep Ideal Bagi Indonesia Ishak, Nurfaika; Ismail, Laode; Sakka, Abdul Rahman
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.49728

Abstract

A leader is a person who is trusted by the community to be able to hold responsibility for sustainability in government. In Islam, leaders must be trustworthy as per many narrated hadiths. This research aimed to analyze the basic concept of trustworthy leaders, analyze hadiths that examine trustworthy leaders, and find the ideal concept for trustworthy leaders for Indonesia. The method used is a syar'i approach. The research results show that trustworthy leaders have honest, fair, wise and patient characteristics. Regarding the hadith of trustworthy leaders, it was narrated by Imam al-Hakim, Imam Muslim, Imam Bukhori, Imam Ahmad that every leader will be held accountable, the leader must be competent, fair, honest, not authoritarian, loving and loved by his people. Furthermore, the ideal concept of an Amanah leader for Indonesia is a leader who can accommodate the differences and diversity of Indonesian society with the concept of justice, can exercise authority with the concept of honesty, and can be responsible by applying the concept of accountability.
Fiqih Siyasah Prinsip-Prinsip Fiqih Siyasah dalam Konstitusi Republik Indonesia Shofiyah, Roidatus; Samuji; Yulianis, M. Sifa Fauzi; Murniati, Dewi; Abdul Majid, Amir Bandar
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.50225

Abstract

This article discusses the implementation of the principles of siyasah fiqh in the Constitution of the Republic of Indonesia. These principles refer to the use of Islamic law in regulating political and governmental issues. This article explores how these principles are reflected in the Indonesian legal system which covers various aspects such as social justice, public morality and governance. This research uses a documentary analysis and literature study approach. The main data collected is the text of the constitution of the Republic of Indonesia, especially focusing on articles relating to the principles of siyasah fiqh. By analyzing the text of the constitution and the views of experts, this article shows the relevance and application of the principles of siyasah fiqh in the current context of Indonesian positive law.

Page 21 of 21 | Total Record : 205

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