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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 216 Documents
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Faktor-Faktor yang Mempengaruhi Evolusi Hukum Islam di Masa Rasulullah, Sahabat, dan Dinasti Umayyah serta Abbasiyah Ismasnawati; Kamal, Tamrin; Saifullah; Asmaret, Desi; Julhadi
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

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Abstract

This study examines the dynamics of the evolution of Islamic law from the period of the Prophet Muhammad to the Abbasid Dynasty, focusing on the interaction between revelation, ijtihad, and political authority. This research employs normative legal research with historical and conceptual approaches, relying on library research of classical and contemporary Islamic legal sources. The findings indicate that Islamic law developed dynamically in response to shifting social, political, and cultural contexts across historical periods. During the Prophet’s lifetime, Islamic law evolved through revelation that addressed concrete social realities. In the era of the Companions, ijtihad emerged as a primary legal mechanism to address new legal challenges following the Prophet’s death. Furthermore, during the Umayyad and Abbasid periods, political authority and territorial expansion played a significant role in shaping the institutionalization and codification of Islamic law, culminating in the formation of major schools of Islamic jurisprudence. This study argues that the adaptability of Islamic law, facilitated by ijtihad, constitutes its foundational strength in responding to historical change
Pandangan Tokoh Masyarakat Terhadap Nikah Hamil Di Desa Seuneubok Teungoh Dalam Perspektif Kesetaraan Gender Siti Samra; Badrul Munir; Aulil Amri
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

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Abstract

The phenomenon of pregnant women marrying outside of wedlock remains prevalent and draws significant attention in Indonesian society, including in Seuneubok Teungoh village. Ideally, the process leading to marriage should follow customary stages and religious recommendations. However, this is often bypassed as marriages are conducted abruptly without preparation from both parties, primarily to conceal disgrace, preserve family reputation, and uphold village dignity. This study aims to analyze community leaders' perspectives on marriages resulting from premarital pregnancy from a gender equality perspective. Employing empirical research with a phenomenological approach, data were collected through in-depth interviews, field observations, and simple documentation. The findings indicate that most community leaders view marriage as the sole solution to cover shame. However, women are more frequently discriminated against, face social stigma, and receive dowries deemed inadequate compared to customary practices, rendering them seemingly devalued for a mistake committed by both parties. It can be concluded that marriages conducted to conceal the shame of premarital pregnancy reinforce gender inequality. Therefore, a paradigm shift and societal system changes are necessary to address similar cases.
A Divorce Lawsuit Based on the Husband’s Failure to Adequately Fulfill Financial Support Obligations: A Case Study of Decision Number 350/pdt. G/2024/MS. Bna Retno Arimbi Dewi; Soraya Devy; Misran Ramli
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v12i2.61663

Abstract

Marriage in Islam is a sacred bond (mitsaqan ghalidzan) that requires the husband to provide financial support to his wife, as regulated by Islamic law and Indonesian legislation. However, problems arise when the husband, despite being financially capable, is stingy in fulfilling this obligation, resulting in household disharmony and divorce. This study examines the legal implications of this attitude through a normative legal analysis of the Banda Aceh Sharia Court Decision Number 350/Pdt.G/2024/MS.Bna. The purpose of the study is to analyze the legal basis for providing support, the husband's stinginess as a reason for divorce, and the judge's considerations in deciding the case. Using a normative legal approach, the study uses primary data from court decisions and secondary data from existing theories and research. The results show that providing support is a husband's obligation based on Islamic law (the Qur'an, Hadith) and national law (Law No. 1/1974, KHI). Stinginess in providing support, even if the husband is in a sufficient economic condition, is considered a neglect of obligations and is a valid reason for divorce. The study's conclusion suggests that an Islamic legal perspective aligns with this issue, emphasizing justice and responsibility. It is recommended that future researchers conduct more in-depth comparative studies on the implementation of livelihood provisions in various regions with varying socioeconomic characteristics.
Konsep Mediasi Berbasis Hadis Nabi dan Implementasinya dalam Sistem Peradilan Modern Indonesia Muhammad Achyar Hamid; Abdul Rahman Sakka; St. Aisyah Kara
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v12i2.62435

Abstract

This study explores the application of mediation values contained in the Prophet Muhammad’s hadith within the framework of Indonesia’s modern judicial system. Using a normative-theological approach and a descriptive-analytical qualitative method, the research examines hadiths related to iṣlāḥ (reconciliation) alongside national regulations, particularly Supreme Court Regulation No. 1 of 2016, as the contextual foundation. The findings reveal that the principles of iṣlāḥ in the hadith emphasize justice (‘adl), compassion (raḥmah), sincerity (ikhlāṣ), and public welfare (maṣlaḥah) as the ethical pillars of mediation. These values parallel and complement the paradigm of restorative justice in contemporary law. However, mediation practices in Indonesian courts are often understood merely as administrative procedures, leaving the spiritual and transformative dimensions of the hadith underrepresented. This paper proposes an integrative model emphasizing the capacity building of mediators based on Islamic ethics, the formulation of a mediation code of conduct combining theological and technical aspects, and judicial policies that assess mediation outcomes not only quantitatively but also qualitatively, such as the restoration of relationships and the inner peace of disputing parties. Further recommendations include developing an “Islamic Mediation Ethics” curriculum in legal education institutions and conducting future research on the application of hadith-based mediation principles in criminal, family, and economic law. Thus, mediation grounded in the Prophetic tradition not only reduces the burden of the judiciary but also strengthens the law’s role as an instrument of moral cultivation and social welfare.
Urgensi Pengaturan Regulasi Penyelenggaraan Haji Furoda dalam Memberikan Perlindungan Hukum bagi Jemaah Fitriyah Nurrahmah; Nabilla Farah Q.; Abel Reyhan I.
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v12i2.62566

Abstract

Abstract This study analyzes the urgency of comprehensive regulation of furoda hajj in Indonesia. The high level of public interest in furoda hajj as an alternative to regular hajj is not matched by adequate legal protection and supervision. This has resulted in the vulnerability of furoda hajj pilgrims whose rights are not being fulfilled. Although Law Number 8 of 2019 concerning the Implementation of Hajj and Umrah (PIHU Law) implicitly mentions the mujamalah visa as the basis for the implementation of furoda hajj, there are no regulations that comprehensively regulate the implementation of furoda hajj. This study uses a normative juridical research method with a statute approach and a conceptual approach. The legal sources of this study are classified into primary, secondary, and tertiary legal materials. The results of this study show the urgent need to formulate technical regulations for the implementation of furoda Hajj. The ideal regulatory model is built on three foundations, namely philosophical, juridical, and sociological foundations, which include guidance, service, and legal protection for furoda Hajj pilgrims. Keywords: Urgency; Regulation; Furoda Hajj; Legal Protection.
Siyasah Syariah dan Keadilan Ekologis Malan, Masfa; Rahmatullah; Nasim, Abu Sahman
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 2 (2025)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

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Abstract

Nickel mining in Central Halmahera has generated significant ecological impacts, raising fundamental questions regarding ecological justice from the perspective of Siyasah Syariah. This study aims to analyze the compatibility of Indonesia’s nickel downstreaming policy with the principles of Siyasah Syariah and Maqasid al-Shariah in realizing ecological justice. Employing a qualitative approach with normative–juridical analysis, this research integrates the theoretical framework of Siyasah Syariah with empirical data on the environmental impacts of nickel mining. The findings indicate that nickel mining activities in the region have resulted in the degradation of 299 watersheds, deforestation of approximately 27,900 hectares of forest cover, and various forms of environmental pollution, which constitute violations of the principles of hifz al-nafs (protection of life) and hifz al-nasl (protection of progeny) within Maqasid al-Shariah. Although the nickel downstreaming policy has produced short-term economic benefits, it does not fully conform to the principle of maslahah in Siyasah Syariah, as it overlooks distributive justice and ecological sustainability. This study recommends a reformulation of mining policies grounded in Maqasid al-Shariah to promote sustainable ecological justice.

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