Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam

PANDANGAN HUKUM ISLAM DAN HUKUM ADAT TERHADAP TRADISI MAPPADENDANG PADA MASYARAKAT SUKU BUGIS

Jumria, Kiljamilawati, Muh. Jamal Jamil — Wed, 25 Dec 2024 00:00:00 +0000

This study examines the perspectives of Islamic law and customary law on the Mappadendang tradition in the Bugis community of Lasiwala Village, Pitu Riawa District, Sidrap Regency. The research focuses on community views of the tradition and an analysis of its implementation from an Islamic legal perspective. Field research was conducted using sharia and sociological approaches. Primary data were collected through interviews with key informants, while secondary data were obtained from literature and online sources. The findings indicate that most of the community perceives Mappadendang as a cultural obligation performed after the harvest, while a minority considers it unnecessary. From the perspective of Islamic law, the tradition is deemed permissible (mubah) as it aligns with sharia principles and falls under the category of urf. The tradition fosters social benefits, such as strengthening community bonds, without harming non-participants. This study recommends preserving the Mappadendang tradition, particularly by the younger generation, to ensure cultural continuity. Local governments are encouraged to support its preservation through educational programs and cultural promotion.

EFEKTIVITAS KURSUS CALON PENGANTIN TERHADAP KESIAPAN CALON PENGANTIN PERSPEKTIF MASLAHAH MURSALAH

Anggi Angraeni, Patimah, Patimah, Zulas'ari Mustafa — Mon, 30 Dec 2024 04:29:36 +0000

This study examines the effectiveness of the premarital course in preparing prospective brides and grooms from the perspective of maslahah mursalah (a case study at the Office of Religious Affairs (KUA) in Bantaeng Subdistrict, Bantaeng Regency). The main focus of this research includes: 1) the effective is the implementation of the premarital course at the KUA of Bantaeng Subdistrict, and the contribution of this course to the readiness of prospective couples from the perspective of maslahah mursalah. This study employs a qualitative approach with field research as its methodology. The primary data sources are the KUA officers and participants of the premarital course (Suscatin). Data collection techniques include observation, interviews, and documentation. The findings indicate that the premarital course at the KUA of Bantaeng Subdistrict is effective, as evidenced by the positive responses of Suscatin participants and the absence of divorce cases among couples who attended the course. This study recommends that Suscatin be established as a substantive and administrative requirement, rather than a mere formality. Additionally, the KUA should enhance the socialization of the Suscatin program to the community and strengthen collaboration with relevant experts to support the implementation of the premarital course.

PENGGUNAAN TULISAN DALAM AKAD NIKAH TUNA WICARA PERSPEKTIF MASYARAKAT BANJAR DAN WAHBAH AZ-ZUHAILI

Anwar Hafidzi, Sisca Whulansari — Tue, 31 Dec 2024 12:09:32 +0000

This study discusses the priority between writing and gestures in the marriage contract of individuals with speech impairments. In practice, sometimes the use of writing is prioritized, but there are also those who prefer gestures. The purpose of this research is to understand how the Banjar community views the priority of using writing in the marriage vow for individuals with speech impairments, and how Wahbah Az-Zuhaili's perspective in Kitab Fiqh al-Islami wa Adillatuhu relates to the priority of using writing in the marriage vow for individuals with speech impairments.This is an empirical legal study, where data is collected through interviews and literature review. The findings of the study show that some members of the Banjar community prioritize gestures because they are considered more practical, while others choose writing due to concerns that gestures may not be clearly understood. Despite the differences in opinion, there is consensus that the marriage is still valid as long as the conditions and pillars of the marriage contract are fulfilled. Meanwhile, in Kitab Fiqh al-Islami wa Adillatuhu, Wahbah Az-Zuhaili states that writing is prioritized in matters of divorce (thalaq) and declaration (iqrar) because it holds the same level of importance as a clear (sharih) statement. However, using or prioritizing gestures is also acceptable, and the marriage remains valid as long as the conditions and pillars of the marriage contract are met.

OPTIMALISASI PENGELOLAAN ZAKAT PRODUKTIF UNTUK PEMBERDAYAAN EKONOMI MASYARAKAT PADA BAZNAS KABUPATEN SOPPENG

Nurwahidah, Kasjim Salenda, Asni — Tue, 31 Dec 2024 12:09:59 +0000

The main issue in this study is how to optimize the management of productive zakat for the economic empowerment of the community in BAZNAS Soppeng Regency. This study is a field research with a qualitative approach, using documentation and interviews as data collection methods. The results of the study show that the zakat management mechanism in BAZNAS Soppeng Regency consists of several stages, including: planning, organizing, and implementing the collection of zakat funds from muzakki to be distributed to mustahik. Additionally, the distribution and use of zakat consists of two types of assistance: consumptive assistance and productive assistance. The challenges faced by BAZNAS Soppeng Regency in its efforts to improve the economy of the poor community include the lack of strict sanctions in the Zakat Management Law, limited funds, and low zakat awareness among muzakki. The efforts made by BAZNAS Soppeng Regency include the establishment of Zakat Collection Units (UPZ), providing convenience for muzakki, and distributing zakat in cash. The benefits of the productive zakat assistance received by mustahik from BAZNAS Soppeng Regency include an increase in income, although the profit gained is not significant and is mostly used for daily living expenses.

TRADISI MAPPENRE DUI’ DALAM PERNIKAHAN SUKU BUGIS PERSPEKTIF 'URF DI DESA MANURUNG KECAMATAN BOLA KABUPATEN WAJO

Asma Yunitah Alwi, Musyfikah Ilyas, Nurfaika Ishak — Tue, 31 Dec 2024 12:10:32 +0000

This study explores the mappenre dui’ tradition in Bugis weddings from the perspective of ‘urf in Manurung Village, Bola Subdistrict, Wajo Regency. It focuses on the process and significance of this tradition in Bugis marriage customs based on the concept of ‘urf. This field research employs a qualitative approach, utilizing documentation and interviews as data collection methods. The findings indicate that the people of Manurung Village practice the mappenre dui’ tradition as part of their cultural heritage, passed down through generations. It is an essential tradition, not only as a form of respect for women but also because it is primarily used to fund the entire wedding process. The mappenre dui’ ceremony includes several stages: mammanu’-manu’, followed by madduta (discussing the acceptance of the proposal, determining the dowry, wedding day, and the date for mappenre dui’), mappettuada (agreement), mappasiarekeng, and finally, the mappenre dui’ procession. From the perspective of ‘urf, each stage of the mappenre dui’ tradition aligns with Islamic law, categorizing it as ‘urf shahih.

PENYELESAIAN PERKARA KUMULASI GUGATAN ITSBAT NIKAH DAN CERAI GUGAT (STUDI KASUS PENGADILAN AGAMA SIDENRENG RAPPANG KELAS II)

Riska Hermayanti, Halim Talli, Muhammad Fajri — Tue, 31 Dec 2024 00:00:00 +0000

This study discusses the settlement of cases of cumulative marriage and divorce lawsuits (case study of the Sidenreng Rappang Religious Court Class II). This study aims to find out how the process of settling the cumulative lawsuits for itsbat marriage and divorce lawsuits and how the basic legal considerations used by judges in resolving cases of cumulative lawsuits for itsbat marriage and divorce lawsuits. The type of research used is qualitative research which analyzes qualitative data so that the research is in accordance with the facts on the ground. The approach used is a normative juridical approach with data collection methods, namely documentation and interviews. The results of the study revealed that the process of the accumulation of marriage itsbat and divorce lawsuits at the Sidenreng Rappang Religious Court was broadly resolved in several stages, namely: The process of examining the marriage itsbat case. The mediation process is assisted by the panel of judges. Divorce proceedings. The deliberation meeting of the panel of judges and the reading of the decisions. The judge's consideration in deciding cases of itsbat marriage and divorce is based on the evidence and facts that the panel of judges got.

EKSISTENSIALISME JEAN PAUL SARTRE (HUKUM ISLAM SEBAGAI ALAT KONTROL KEBEBASAN EKSISTENSI MANUSIA)

A. Afri Taqbir, Jamal Jamil, Musfika Ilyas — Tue, 31 Dec 2024 00:00:00 +0000

Human speaking, cannot be separated from the problems inherent in him, namely his awareness and freedom in existence or existence. Jean Paul Sartre is one of the radical figures in existentialism who believes that humans are freedom itself and cannot be limited by even God. The premise of existentialism is that existence precedes essence, which means that humans are nothing until they establish themselves as they wish. This means that humans are not creatures whose nature or essence has been determined, such as things. We can see the landscape of Sartre's thought when human freedom in existence then overlaps with each other to negate the freedom of one of them. On the basis of such problems, Islamic law is here to provide answers to the problems of the ummah where humans can exist and actualize their freedom without denying freedom outside themselves. This type of research is library research, namely research conducted by browsing several literatures on Existentialism, especially Jean Paul Sartre's literature on Existentialism and Humanism.
Keywords: Existentialism, Islamic Law, Jean Paul Sartre,Humans.

ANALISIS HAK-HAK ISTRI NUSYUZ PASCA PERCERAIAN

Inayah Anugerah Ulfatunnisa, Asni, Siti Nurul Fatimah — Mon, 06 Jan 2025 01:39:41 +0000

This study discusses the analysis of the rights of nusyuz wives after divorce in the decisions of the Class IA Watampone Religious Court (case study of Decision Number 957/Pdt.G/2021/PA.Wtp). Therefore, finally the author explores how the description of the divorce case due to Nusyuz's wife and the legal considerations for the judge in the Watampone Religious Court Decision Number 957 Pdt.G/2021/Pa.Wtp. This type of empirical legal research, sources of data in the field such as observations and interviews. The results of this study reveal that based on the results of the research, in the Compilation of Islamic Law article 80 paragraph (7) which states that the husband's obligations as referred to in paragraph (5) fall if the wife is proven nusyuz. In this case the plaintiff is considered nusyuz so that the plaintiff does not get iddah and madhiyah living but still gets mut'ah (consolation money). marriage with kindness or release (divorce).

URGENSI PEMBERIAN EDUKASI PRA NIKAH DAN ILMU PARENTING TERHADAP CALON SUAMI ISTRI PERSPEKTIF HUKUM ISLAM

Nerli Citra Lestary, Muh. Saleh Ridwan, Hadi Daeng Mapuna — Tue, 31 Dec 2024 00:00:00 +0000

Marriage is not only about biological needs, but also involves the parents of both parties, their siblings, even their respective families, and many other things that must be known in navigating the household ark, including the obligations and rights of the husband towards his wife, and vice versa. Apart from that, their obligations and rights will increase when they have children. As parents, it is their duty to provide for

their children's needs, love, nurture, and assist their children in every development. For every prospective bride and groom, both prospective husbands and prospective wives must participate in pre-marital education, which discusses life in living a married life, starting from providing material related to husband and wife to discussing parent-child. It is very importantto know how the implementation and impact of providing pre-marital education and parenting knowledge. In this research, the field research method is used, with data collection techniques by means of interviews and documentation. Therefore, it is very important and influential for prospective brides who will become husband and wife to follow and accept the provision of pre-marriage education and parenting knowledge as provisions before living life after marriage, so every prospective bride is expected not to underestimate or underestimate one of these stages.

IMPLEMENTASI HUKUM ISLAM DALAM PENETAPAN HAK ASUH ANAK PASCA PERCERAIAN DI INDONESIA

Nurfaika Ishak, Kurniati, Misbahuddin, Muammar M. Bakry, Abd. Rauf M. Amin — Thu, 06 Feb 2025 06:43:54 +0000

Child custody is one of the crucial aspects in divorce cases, often becoming a dispute between separating spouses. This study aims to analyze how Islamic law regulates child custody and how it is implemented in decisions of the Religious Court in Indonesia through a sociological approach. The research method used is library research, drawing from primary sources such as the Qur’an and Hadith, as well as various relevant scholarly works on child custody determination after divorce based on the enforcement and practice of Islamic law in Indonesia. The findings indicate that, in Islam, child custody is generally granted to the mother. However, its implementation in the Religious Court does not always follow this principle, as custody may also be awarded to the father based on specific considerations. Judges’ decisions regarding child custody take multiple factors into account, with the primary objective of safeguarding the child's best interests and well-being. As victims of divorce, children require protection, care, and affection from both parents to ensure proper growth and development while avoiding harmful psychological effects. Therefore, child custody determination is not solely based on normative texts but also considers the principle of child welfare (mashlahah al-thifl) as a fundamental guideline.