Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam

Life Partner Selection Based on High Criteria from the Perspective of Maqashid Syariah

Arif Husnul Khuluq — 2024-06-29

Many criteria are often used as reasons for choosing a partner. Among them are wealth, lineage, beauty and religion. Some people have the principle of only wanting to marry a partner who has high criteria related to these criteria, so that the effect is to delay marriage or even end up living without a partner. This study aims to analyze this principle by referring to the maqashid sharia perspective. maqashid sharia is a central concept in Islam that highlights the goals or purposes of Islamic law. This research is a qualitative research. The method used in data collection is library research. The results showed that the principle of only wanting to marry a partner who has high criteria can be in harmony with maqashid sharia as long as it is applied realistically and considers sharia principles in decision making when there is a conflict between various maslahat, various mafsadat or between maslahat and mafsadat. And it would be better if it is aimed at achieving His pleasure, even though it is not a necessity. The principle will become inconsistent with maqashid sharia if it is applied without considering these matters.

Study of Fiqh Aulawiyat on Celibacy and Childfree in the Reality of Social Life

Husnun Nahdhiyyah — 2024-06-30

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.

Legal Finding by Judges in Determining Post-Divorce Support at the Pangkajene Religious Court

Kiljamilawati — 2024-06-30

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.

The Effect of Implementing Suscatin KUA Makassar City on the Readiness of Prospective Married Couples to Build a SAMAWA Family

Jumliadi — 2024-07-01

This research is a quantitative research with an experimental approach, pre-experimental method with a one group pretest-posttest design. The research was carried out by the Makassar City Office of Religious Affairs (KUA), with the subjects being 40 prospective married couples. The sampling technique in this research is simple random sampling. Data collection techniques are carried out through observation, questionnaires and documentation. The data was then analyzed using descriptive and inferential analysis using SPSS. The results of the descriptive analysis where the average pre-test score was 48.24 and the average post-test score was 86.00 in the very good category, then the results of the inferential analysis where the normality test was 0.300, the homogeneity test was 0.633 and the t-test result was 0.000, from these results It was concluded that there was an influence of the implementation of Suscatin KUA Makassar City on the readiness of prospective married couples to build a SAMAWA family.

Transformative Paradigm of Semende Indigenous People in Bandar Lampung City in the Division of Inheritance Tunggu Tubang Hijrah

Muslim — 2024-07-01

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

Trustworthy Leaders in the Thematic Hadith Perspective: An Ideal Concept for Indonesia

Nurfaika Ishak — 2024-07-17

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.

Principles of Fiqh Siyasah in the Constitution of the Republic of Indonesia

Roidatus Shofiyah — 2024-07-31

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.