Transformasi Manageria: Journal of Islamic Education Management
After the death of the Prophet Muhammad SAW. Islam needs a replacement for him to lead the Muslim... more After the death of the Prophet Muhammad SAW. Islam needs a replacement for him to lead the Muslims. While the Prophet Muhammad SAW. did not leave a will regarding who would replace him after he died. Islamic leaders at that time knew very well that Islam needed a leader, namely a caliph who was chosen through deliberation. Finally, the Prophet's companions were elected as caliphs in the order of Abu Bakr ash-Shiddiq, Umar bin Khattab, Uthman bin Affan, and Ali bin Abi Talib. The determination of the Ottoman manuscripts to exist during the time of Uthman bin Affan and the existence of total unity that exists in the text of the Koran throughout the world with various sects in the world is one form of the success of the caliph Uthman bin Affan which cannot be rivaled by anyone in uniting Muslims. . Political problems during the time of Ali bin Abi Talib eventually brought Islam to the struggle for theology or theology which led to the emergence of three schools of thought. Key Word...
This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakista... more This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This writing seeks to explain how the role of the couple in building gender-based partnerships ... more This writing seeks to explain how the role of the couple in building gender-based partnerships in the household. This writing uses a socio-cultural approach. Where, gender equality is not limited to the differences between men and women. However, how can the two of them build an equal relationship without marginalizing one another, especially women. In the area of families who have careers or workers, the realization of gender equality can be achieved in various ways, especially the compromise of both partners to achieve their goals or aspirations together in the household. In fact, for now the working spouse has been able to start building a partnership with a good partner to realize the welfare of his family. This can be achieved by understanding each function and then making it happen by building good communication with your partner. Keywords: gender equality, family, career
Writing This asks about Islamic philanthropy because There is a shifting meaning of philanthropy ... more Writing This asks about Islamic philanthropy because There is a shifting meaning of philanthropy in the past. Experts state that philanthropy is an element important in Islam. in between forms of philanthropy in Islam is zakat which is Wrong and One of the five pillars of Islam. in between form other Islamic philanthropy is infaq, alms, and waqf. Therefore philanthropy has a position main in life Muslims. meaning above different from known philanthropy on public now, however No reduce substance from philanthropy That alone. Writing This aim To give understanding to the public generally about shift meaning of Islamic philanthropy, and the necessary exists revitalization meaning of Islamic philanthropy through the view of Nahdlatul Cleric And Muhammadiyah as a primary data source. Findings in the study This that Muhammadiyah's role is important in changing Islamic philanthropy in Indonesia with various activity generosity made from traditional practice become more organized. Meanw...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This article examines the gifts that parents give to their children. Grants in the perspective of... more This article examines the gifts that parents give to their children. Grants in the perspective of classical fiqh are giving an object voluntarily and without reward from someone to another who is still alive to own it. The concept of grants is currently changing, in practice, many grants that are given are then canceled by the grantor for various reasons, for example, the recipient of the grant has bad behavior or has a spendthrift spirit. This was known after the grant was given. Even though the person previously displayed good behavior but then changed with the changing times. Fundamentally, the author is interested in this research, using a statute approach by examining the Civil Code and the Compilation of Islamic Law as well as Government Regulation Number 37 of 1998 concerning regulations for the position of Land Deed Making Officer. The research method used is Normative juridical with the aim that writers and readers can find out about the arrangements for granting and the le...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Adopted children cannot return the assets of their adoptive parents and only have rights through ... more Adopted children cannot return the assets of their adoptive parents and only have rights through a mandatory will, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency from the perspective of Maqāşid Syarī'ah. This type of research is field research using an empirical juridical approach. The data source used is from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in qualitative analysis, namely describing, interpreting and hiding research data. Based on the results of the study, it can be interpreted that the ...
This scholarly article examines the judgments rendered by Religious Courts concerning disputes re... more This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mi...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga syaifu... more Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga [email protected] , ABSTRACT Islamic Islamic law aims to organize human life better so that every law that is prescribed must have a purpose. Therefore, the existence of marriage law must have a purpose. From several meanings of marriage, marriage has a very noble purpose, namely to form a sakinah mawaddah warahmah family. However, this noble purpose of marriage is widely misunderstood for those who want to practice polygamy. Polygamy is interpreted only as a biological distribution of sex, meaning that it only fulfills sexual needs. Whereas the purpose of polygamy is to maintain and elevate the status of a woman by looking at the large number of women who are not comparable to men. From some people who abuse polygamy, whether they understand the concept of polygamy or not, we are still trying to give them an understanding of the good concept of polygamy so that women are not used as...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This paper discusses the prophetic treatises carried out by the people in relation to changes i... more This paper discusses the prophetic treatises carried out by the people in relation to changes in family law reform in Egypt. The culture that has been passed down from generation to generation since the time of the ancestors will take root in the heart, so that the embedded doctrine is difficult to remove, so it takes a harder effort to accept the changing times. This research includes a literature study (Library Research), which is descriptive-analytical, using a historical-sociological approach. The rejection that occurs in the prophetic treatise is the same as the legal changes made by the Egyptian government, the similarities between the two are that they do not want to accept changes that occur in society, still hold on to the old culture adopted by their ancestors and still hold onto the animation culture. The basic reason for not accepting the change is because of the lack of understanding of what it will bring and the absence of an open mind (open thinking) by accepting in...
This article talks about renewal in the field of Islamic family law regarding inheritance. Islami... more This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and ...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religiou... more The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religious State, but guarantees freedom of thought, opinion and belief as a fundamental feature of Sunni Maliki Muslims. Morocco is a country in Africa where the majority of the population is Muslim. Family law in Morocco established a new legal codification in 2004, which became known as Mudawwwanah al-Ahwal al-Sykahsiyyah al-Jadidah. This law is a revision of the existing law. The law consists of 400 articles, there is an additional 100 articles. Morocco is a country that has taken opinions from various schools of thought to determine the laws contained in Morocco which were then codified and developed according to the circumstances and conditions at that time so that a new law was born called Mudawwahan al-Usrah. Keywords: codification and reform, family law, Morocco
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This research will examine one of the traditions that prevail in the Lebaksiu sub-district commun... more This research will examine one of the traditions that prevail in the Lebaksiu sub-district community, Tegal district, namely the tradition of calculating and determining auspicious days at marriage. This research is a field research (Field Research), while data collection techniques using observation, interviews, and documentation. The type of approach used in this study is a sociological approach, this approach is used to find out how the process of determining a wedding day in Javanese primbon and how the Urf perspective relates to determining a good day in marriage carried out by the Lebaksiu community, Tegal district. The results of this research show that the tradition of determining a good day in marriage that occurs in the Lebaksiu sub-district based on Javanese Primbon is considered valid or permissible if only as a form of endeavor to reject mafshadatan and for stability of the heart without cultizing the day, date, month or the embodiment of the Primbon. however, if there ...
This paper discusses Islamic philanthropy from the view of Muhammadiyah, this was obtained becaus... more This paper discusses Islamic philanthropy from the view of Muhammadiyah, this was obtained because there was a shift in the meaning of philanthropy in the past. Experts _ stated that philanthropy is an important element in Islam. Among the forms of philanthropy in Islam is zakat, one of Islam's five pillars. Among other forms of Islamic philanthropy are infaq, alms, and waqf. Therefore, philanthropy has a major position in the life of Muslims. The meaning above is different from philanthropy which is known in today's society but does not reduce the substance of philanthropy itself. Islam has an important role in terms of spreading religion and knowledge, establishing educational institutions, and even in the field of welfare. One important vehicle for the spread of Islam is the mosque, which was built on philanthropy. The Prophet Muhammad set an example of philanthropic behavior by establishing a mosque. Apart from establishing mosques, educational institutions which are places to gain knowledge were also established on the basis of philanthropy. It is through these educational institutions that the dissemination of knowledge develops. This paper aims to provide an understanding to the general public regarding the shift in the meaning of Islamic philanthropy, through the view of Muhammadiyah as the primary data source. The conclusion in this paper uses the theory of changes in Islamic law and uses a normative approach, of course with the aim of trying to reveal the values of truth in Islamic philanthropic practices in society so that they should be actualized in the future.
This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspectiv... more This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspective, property that women return to men in order to get their rights because men have paid dowry as a legal consequence of the marriage contract. Whereas in possitive law, the concept of iwadl changed to taqnin, iwadl khuluk which was originally given to men, became or given to the Court based on the regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 411 of 2000 concerning the Determination of iwadl amounting to Rp. 10,000, -. The court judged that the specific costs contained gender justice or called responsive gender. This article abstracts the concept of justice in the cost that women give to men using five gender manifestations: stereotype, double burden, marginalization, discrimination and violence.
Hayula: Indonesian Journal of Multidisciplinary Islamic Studies
This article discusses child-free practices in Indonesia. Childfree means an agreement made by hu... more This article discusses child-free practices in Indonesia. Childfree means an agreement made by husband and wife not to have children during the marriage period. Practices in society are still taboo when you hear the term childfree itself. There is also a small portion of society that is no longer a taboo and has even practiced it, especially among the upper elite. This research is interesting to study because childfree itself is contrary to the purpose of marriage, namely having children and reproductive rights in Islam to enjoy biological relations. This article aims to explore the views and responses of several Islamic organizations in Kebumen regarding childfree. This research uses qualitative methods (field research). The main object of this research is child-free practices and the views and responses of Islamic organizations in Kebumen. Data collection techniques were carried out by interviewing several Islamic organizations in Kebumen. Then the data analysis technique is descr...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Eka Mardianingsih, Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta ekamardianingsih92... more Eka Mardianingsih, Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta [email protected], ABSTRACT This article discusses long-distance marriage contracts using the MUI fatwa study from the maqasid sharia perspective. Marriage contracts are generally carried out in close proximity, not remotely, but in this paper we will discuss long-distance marriage contracts with a focus on MUI fatwas using literature. The findings in this study are that a marriage contract is said to be valid if the pillars and conditions of marriage are met and cannot be reduced in any way. What is meant by the unification of the "ittihad al-majlis" contract assembly is that the consent and acceptance must be carried out within the time interval contained in one marriage contract ceremony, without interrupting other activities. Thus, if there is no unity between the assembly for pronouncing consent and the assembly for pronouncing consent, or a break between the assembly for p...
Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marr... more Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as...
International Journal of Social Science and Religion (IJSSR)
This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement... more This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receives the pawn should not take advantage of the pawned goods. This matter is based on the fact that the main pawning contract is debt, and the principle that applies is to help (ta’awun), not to seek a profit (without any strings attached). However, the existing practice in society is the opposite. The pawn contains an element of usury by using the pawned goods in rice fields or coconut plantations to take advantage instead of helping. The author offers the concept of bai'ul uhdah that can be used as a solution for usury in goods pawns. The pawnbroker and the pawnee can replace the usual pawn transactions carried out with a baiul 'uhdah contract. Therefore, the use of pawned goods by...
International Journal of Social Science and Religion (IJSSR)
This article I focus on the reasons for granting polygamy permission for a man as contained in th... more This article I focus on the reasons for granting polygamy permission for a man as contained in the provisions of Article 4 of Law No. 1 of 1974 and Article 57 Compilation of Islamic Law using the approach of ushul fiqh. Polygamy is an issue in Islamic family law both in classical jurisprudence and in contemporary jurisprudence. Islamic marriage law allows husbands to commit polygamy with a maximum of four as in the QS. An-Nisa verse (3) among scholars have different opinions about the provisions of polygamy, there are those who allow it with loose requirements and there are also some scholars who require it strictly. The granting of polygamy permission is very relevant to the concept of sharia maqasid in the aspect of daruriyat, which is to protect the offspring (children) in article 4 of Law No. 1 of 1974 and article 57 KHI if a wife is unable to give birth or give offspring then the husband has the right to propose to marry more than one wife.
Transformasi Manageria: Journal of Islamic Education Management
After the death of the Prophet Muhammad SAW. Islam needs a replacement for him to lead the Muslim... more After the death of the Prophet Muhammad SAW. Islam needs a replacement for him to lead the Muslims. While the Prophet Muhammad SAW. did not leave a will regarding who would replace him after he died. Islamic leaders at that time knew very well that Islam needed a leader, namely a caliph who was chosen through deliberation. Finally, the Prophet's companions were elected as caliphs in the order of Abu Bakr ash-Shiddiq, Umar bin Khattab, Uthman bin Affan, and Ali bin Abi Talib. The determination of the Ottoman manuscripts to exist during the time of Uthman bin Affan and the existence of total unity that exists in the text of the Koran throughout the world with various sects in the world is one form of the success of the caliph Uthman bin Affan which cannot be rivaled by anyone in uniting Muslims. . Political problems during the time of Ali bin Abi Talib eventually brought Islam to the struggle for theology or theology which led to the emergence of three schools of thought. Key Word...
This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakista... more This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This writing seeks to explain how the role of the couple in building gender-based partnerships ... more This writing seeks to explain how the role of the couple in building gender-based partnerships in the household. This writing uses a socio-cultural approach. Where, gender equality is not limited to the differences between men and women. However, how can the two of them build an equal relationship without marginalizing one another, especially women. In the area of families who have careers or workers, the realization of gender equality can be achieved in various ways, especially the compromise of both partners to achieve their goals or aspirations together in the household. In fact, for now the working spouse has been able to start building a partnership with a good partner to realize the welfare of his family. This can be achieved by understanding each function and then making it happen by building good communication with your partner. Keywords: gender equality, family, career
Writing This asks about Islamic philanthropy because There is a shifting meaning of philanthropy ... more Writing This asks about Islamic philanthropy because There is a shifting meaning of philanthropy in the past. Experts state that philanthropy is an element important in Islam. in between forms of philanthropy in Islam is zakat which is Wrong and One of the five pillars of Islam. in between form other Islamic philanthropy is infaq, alms, and waqf. Therefore philanthropy has a position main in life Muslims. meaning above different from known philanthropy on public now, however No reduce substance from philanthropy That alone. Writing This aim To give understanding to the public generally about shift meaning of Islamic philanthropy, and the necessary exists revitalization meaning of Islamic philanthropy through the view of Nahdlatul Cleric And Muhammadiyah as a primary data source. Findings in the study This that Muhammadiyah's role is important in changing Islamic philanthropy in Indonesia with various activity generosity made from traditional practice become more organized. Meanw...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This article examines the gifts that parents give to their children. Grants in the perspective of... more This article examines the gifts that parents give to their children. Grants in the perspective of classical fiqh are giving an object voluntarily and without reward from someone to another who is still alive to own it. The concept of grants is currently changing, in practice, many grants that are given are then canceled by the grantor for various reasons, for example, the recipient of the grant has bad behavior or has a spendthrift spirit. This was known after the grant was given. Even though the person previously displayed good behavior but then changed with the changing times. Fundamentally, the author is interested in this research, using a statute approach by examining the Civil Code and the Compilation of Islamic Law as well as Government Regulation Number 37 of 1998 concerning regulations for the position of Land Deed Making Officer. The research method used is Normative juridical with the aim that writers and readers can find out about the arrangements for granting and the le...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Adopted children cannot return the assets of their adoptive parents and only have rights through ... more Adopted children cannot return the assets of their adoptive parents and only have rights through a mandatory will, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency from the perspective of Maqāşid Syarī'ah. This type of research is field research using an empirical juridical approach. The data source used is from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in qualitative analysis, namely describing, interpreting and hiding research data. Based on the results of the study, it can be interpreted that the ...
This scholarly article examines the judgments rendered by Religious Courts concerning disputes re... more This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mi...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga syaifu... more Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga [email protected] , ABSTRACT Islamic Islamic law aims to organize human life better so that every law that is prescribed must have a purpose. Therefore, the existence of marriage law must have a purpose. From several meanings of marriage, marriage has a very noble purpose, namely to form a sakinah mawaddah warahmah family. However, this noble purpose of marriage is widely misunderstood for those who want to practice polygamy. Polygamy is interpreted only as a biological distribution of sex, meaning that it only fulfills sexual needs. Whereas the purpose of polygamy is to maintain and elevate the status of a woman by looking at the large number of women who are not comparable to men. From some people who abuse polygamy, whether they understand the concept of polygamy or not, we are still trying to give them an understanding of the good concept of polygamy so that women are not used as...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This paper discusses the prophetic treatises carried out by the people in relation to changes i... more This paper discusses the prophetic treatises carried out by the people in relation to changes in family law reform in Egypt. The culture that has been passed down from generation to generation since the time of the ancestors will take root in the heart, so that the embedded doctrine is difficult to remove, so it takes a harder effort to accept the changing times. This research includes a literature study (Library Research), which is descriptive-analytical, using a historical-sociological approach. The rejection that occurs in the prophetic treatise is the same as the legal changes made by the Egyptian government, the similarities between the two are that they do not want to accept changes that occur in society, still hold on to the old culture adopted by their ancestors and still hold onto the animation culture. The basic reason for not accepting the change is because of the lack of understanding of what it will bring and the absence of an open mind (open thinking) by accepting in...
This article talks about renewal in the field of Islamic family law regarding inheritance. Islami... more This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and ...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religiou... more The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religious State, but guarantees freedom of thought, opinion and belief as a fundamental feature of Sunni Maliki Muslims. Morocco is a country in Africa where the majority of the population is Muslim. Family law in Morocco established a new legal codification in 2004, which became known as Mudawwwanah al-Ahwal al-Sykahsiyyah al-Jadidah. This law is a revision of the existing law. The law consists of 400 articles, there is an additional 100 articles. Morocco is a country that has taken opinions from various schools of thought to determine the laws contained in Morocco which were then codified and developed according to the circumstances and conditions at that time so that a new law was born called Mudawwahan al-Usrah. Keywords: codification and reform, family law, Morocco
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
This research will examine one of the traditions that prevail in the Lebaksiu sub-district commun... more This research will examine one of the traditions that prevail in the Lebaksiu sub-district community, Tegal district, namely the tradition of calculating and determining auspicious days at marriage. This research is a field research (Field Research), while data collection techniques using observation, interviews, and documentation. The type of approach used in this study is a sociological approach, this approach is used to find out how the process of determining a wedding day in Javanese primbon and how the Urf perspective relates to determining a good day in marriage carried out by the Lebaksiu community, Tegal district. The results of this research show that the tradition of determining a good day in marriage that occurs in the Lebaksiu sub-district based on Javanese Primbon is considered valid or permissible if only as a form of endeavor to reject mafshadatan and for stability of the heart without cultizing the day, date, month or the embodiment of the Primbon. however, if there ...
This paper discusses Islamic philanthropy from the view of Muhammadiyah, this was obtained becaus... more This paper discusses Islamic philanthropy from the view of Muhammadiyah, this was obtained because there was a shift in the meaning of philanthropy in the past. Experts _ stated that philanthropy is an important element in Islam. Among the forms of philanthropy in Islam is zakat, one of Islam's five pillars. Among other forms of Islamic philanthropy are infaq, alms, and waqf. Therefore, philanthropy has a major position in the life of Muslims. The meaning above is different from philanthropy which is known in today's society but does not reduce the substance of philanthropy itself. Islam has an important role in terms of spreading religion and knowledge, establishing educational institutions, and even in the field of welfare. One important vehicle for the spread of Islam is the mosque, which was built on philanthropy. The Prophet Muhammad set an example of philanthropic behavior by establishing a mosque. Apart from establishing mosques, educational institutions which are places to gain knowledge were also established on the basis of philanthropy. It is through these educational institutions that the dissemination of knowledge develops. This paper aims to provide an understanding to the general public regarding the shift in the meaning of Islamic philanthropy, through the view of Muhammadiyah as the primary data source. The conclusion in this paper uses the theory of changes in Islamic law and uses a normative approach, of course with the aim of trying to reveal the values of truth in Islamic philanthropic practices in society so that they should be actualized in the future.
This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspectiv... more This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspective, property that women return to men in order to get their rights because men have paid dowry as a legal consequence of the marriage contract. Whereas in possitive law, the concept of iwadl changed to taqnin, iwadl khuluk which was originally given to men, became or given to the Court based on the regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 411 of 2000 concerning the Determination of iwadl amounting to Rp. 10,000, -. The court judged that the specific costs contained gender justice or called responsive gender. This article abstracts the concept of justice in the cost that women give to men using five gender manifestations: stereotype, double burden, marginalization, discrimination and violence.
Hayula: Indonesian Journal of Multidisciplinary Islamic Studies
This article discusses child-free practices in Indonesia. Childfree means an agreement made by hu... more This article discusses child-free practices in Indonesia. Childfree means an agreement made by husband and wife not to have children during the marriage period. Practices in society are still taboo when you hear the term childfree itself. There is also a small portion of society that is no longer a taboo and has even practiced it, especially among the upper elite. This research is interesting to study because childfree itself is contrary to the purpose of marriage, namely having children and reproductive rights in Islam to enjoy biological relations. This article aims to explore the views and responses of several Islamic organizations in Kebumen regarding childfree. This research uses qualitative methods (field research). The main object of this research is child-free practices and the views and responses of Islamic organizations in Kebumen. Data collection techniques were carried out by interviewing several Islamic organizations in Kebumen. Then the data analysis technique is descr...
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Eka Mardianingsih, Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta ekamardianingsih92... more Eka Mardianingsih, Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta [email protected], ABSTRACT This article discusses long-distance marriage contracts using the MUI fatwa study from the maqasid sharia perspective. Marriage contracts are generally carried out in close proximity, not remotely, but in this paper we will discuss long-distance marriage contracts with a focus on MUI fatwas using literature. The findings in this study are that a marriage contract is said to be valid if the pillars and conditions of marriage are met and cannot be reduced in any way. What is meant by the unification of the "ittihad al-majlis" contract assembly is that the consent and acceptance must be carried out within the time interval contained in one marriage contract ceremony, without interrupting other activities. Thus, if there is no unity between the assembly for pronouncing consent and the assembly for pronouncing consent, or a break between the assembly for p...
Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marr... more Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as...
International Journal of Social Science and Religion (IJSSR)
This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement... more This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receives the pawn should not take advantage of the pawned goods. This matter is based on the fact that the main pawning contract is debt, and the principle that applies is to help (ta’awun), not to seek a profit (without any strings attached). However, the existing practice in society is the opposite. The pawn contains an element of usury by using the pawned goods in rice fields or coconut plantations to take advantage instead of helping. The author offers the concept of bai'ul uhdah that can be used as a solution for usury in goods pawns. The pawnbroker and the pawnee can replace the usual pawn transactions carried out with a baiul 'uhdah contract. Therefore, the use of pawned goods by...
International Journal of Social Science and Religion (IJSSR)
This article I focus on the reasons for granting polygamy permission for a man as contained in th... more This article I focus on the reasons for granting polygamy permission for a man as contained in the provisions of Article 4 of Law No. 1 of 1974 and Article 57 Compilation of Islamic Law using the approach of ushul fiqh. Polygamy is an issue in Islamic family law both in classical jurisprudence and in contemporary jurisprudence. Islamic marriage law allows husbands to commit polygamy with a maximum of four as in the QS. An-Nisa verse (3) among scholars have different opinions about the provisions of polygamy, there are those who allow it with loose requirements and there are also some scholars who require it strictly. The granting of polygamy permission is very relevant to the concept of sharia maqasid in the aspect of daruriyat, which is to protect the offspring (children) in article 4 of Law No. 1 of 1974 and article 57 KHI if a wife is unable to give birth or give offspring then the husband has the right to propose to marry more than one wife.
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