scholarly journals Nasab dalam Perspektif Tafsir Ahkam

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
M Jamil
Keyword(s):  
Genetic Relationship ◽  
Logical Consequence ◽  
Family Relationship ◽  
Family Relation ◽  
The Relationship ◽  
Legal Marriage ◽  
Husband And Wife

Family relationship for someone is something very important. Due to this relation, people would have family relation to whom they are connected. The importance of nasab discussion because it relates someone to a lot of matters, such as inheritance, guardian, and equality (kafâ’ah) of husband and wife before marriage. The fiqh scholars and commentators disagree with the meaning of nasab. Many Scholars say that nasab is the relationship between a man and his child related to legal marriage. Hanafiyah states that nasab is the relationship between a man and his child due to genetic relationship. The logical consequence of this difference is in inheritance. Many scholars assert that inheritance is only connected to legitimate family relationship while Hanafiyah tend to say that inheritance is related to blood relations.DOI: 10.15408/ajis.v16i1.2902

scholarly journals Pemikiran Tentang Hukum Keperdataan Islam Dalam Dimensi Filsafat Ilmu

2019 ◽  
Vol 3 (1) ◽  
pp. 117
Author(s):  
Abu Tamrin
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Human Relations ◽  
The Relationship ◽  
Legal Marriage ◽  
Husband And Wife

AbstractBroadly speaking, Islamic law regulates two things, namely regulating human relations with Allah in the form of worship, and regulating the relationship between one person and another, in the form of family law such as regulating relationships in household life with legal marriage and Islamic civil law. . There are characteristic differences between sharia and fiqh. Family Law Discussion, among others; Munakahat (marriage), the principles of marriage in Law Number 1 of 1974 concerning the Principles of Marriage, the principle of marriage in the Qur'an, the validity of marriage, the terms and conditions of marriage, the rights and obligations of husband and wife. Besides that, it discusses faraid (inheritance); Definition, inheritance, inheritance principles in Islam. Discussion on Islamic Civil Law: understanding of assets, assets according to experts, elements of assets, benefits of assets, transactions in Islamic Civil Law: buying and selling transactions, rent and wages (ijarah), cooperation (syirkah). The discussion of the paper concludes with a conclusion which is the answer to the formulation of the problem.Keywords: Family Law, Civilization, Alquran Abstrak Secara garis besar Hukum Islam mengatur dua hal, yaitu mengatur hubungan manusia dengan Allah Swt berupa ibadah, dan mengatur hubungan antara seseorang yang satu dengan seseorang yang lain, berupa hukum keluarga seperti pengaturan hubungan dalam hidup rumah tangga dengan perkawinan yang sah dan hukum keperdataan Islam. Ada perbedaan karakteristik antara syariah dan fiqh. Pembahasan Hukum Keluarga antara lain; Munakahat (perkawinan), prinsip-prinsip perkawinan dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Pokok-pokok Perkawinan, asas perkawinan dalam Alquran, sahnya perkawinan, syarat dan rukum perkawinan, hak dan kewajiban bagi suami isteri. Disamping itu membahas faraid (kewarisan); Pengertian, kewarisan, asas-asas kewarisan dalam Islam. Pembahasan Hukum Keperdataan Islam: pengertian harta, harta menurut ahli, unsur-unsur harta, manfaat harta, transaksi dalam Hukum Keperdataan Islam: transaksi jual beli, sewa menyewa dan upah (ijarah), kerja sama (syirkah). Pembahasan makalah diakhiri dengan kesimpulan yang merupakan jawaban dari perumusan masalah.Kata kunci: Hukum Keluarga, Keperdataan, Alquran

scholarly journals The Offspring Absence Factor Divorce Runs in the Family (Case Study at the Religious Court Medan in 2020)

2021 ◽  
Vol 2 (1) ◽  
pp. 74-80
Author(s):  
M Rizal ◽  
Fathul Djannah
Keyword(s):  
Married Couple ◽  
Family Relationship ◽  
The Family ◽  
Family Case ◽  
The Relationship ◽  
Family Case Study ◽  
Husband And Wife

Divorce is the end of a marriage. Divorce is a break in the relationship between husband and wife. Every married couple must have their ways to prevent a divorce from happening. Divorce is always based on quarrels between husband and wife. This is the reason that a dispute between husband and wife occurs because one of the parties wants a divorce, therefore the family relationship is not harmonious. Offspring who are not present in the household is very important, apart from being the successor of the heir, children are also the goal of a harmonious household, especially if certain tribes or customs require an offspring to be the successor of the family name. In this case, the applicant and the defendant both did not want to adopt a child, so they decided to divorce at Religious Court Medan

Lack of Tenderness: The Main Culprit for the Relationship between Husband and Wife in Lady Chatterley’s Lover

2017 ◽  
Keyword(s):  
Careful Analysis ◽  
Physical Distance ◽  
Human Society ◽  
Human Relationships ◽  
Main Culprit ◽  
Industrial Civilization ◽  
Lady Chatterley's Lover ◽  
The Relationship ◽  
Winter Hibernation ◽  
Husband And Wife

This article presents the case of Chatterley and Clifford, the two main characters in Lady Chatterley’s Lover, to consider tenderness a basic working emotion to shape human relationships. The lack of tenderness causes emotional as well as physical distance in relation, especially that of male-female’s relation. The first part of the article reviews tenderness. The second part reviews how tenderness and lack of tenderness affect a male-female relationship in the selected novel, Lady Chatterley’s Lover. On the basis of a careful analysis of Lady Chatterley’s Lover, the present writer tries to prove that the lack of tenderness is the main culprit for the broken relationship between husband and wife: a major one of the relations between man and woman in human society and mutual tenderness elicits people awakening to a new way of living in an exterior world that is uncracking after the long winter hibernation. Lawrence, through a revelation of Connie’s gradual awakening from tenderness, has made his utmost effort to explore possible solutions to harmonious androgyny between men and women so as to revitalize the distorted human nature caused by the industrial civilization. Key words: relationship, husband and wife, tenderness, main culprit, Connie

الأمر بالعشرة بالمعروف في القرآن الكريم وأثره على العلاقات الأسرية

2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور
Keyword(s):  
Analytical Approach ◽  
Family Relations ◽  
Good Practice ◽  
Family Relationship ◽  
Knowledge System ◽  
The Other ◽  
Legal Text ◽  
The Family ◽  
The Relationship ◽  
Shed Light

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.

Nafkah Sebagai Konsekuensi Logis Pernikahan

AL-HUKAMA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 218-242
Author(s):  
Darmawan Darmawan
Keyword(s):  
Logical Consequence ◽  
Intimate Relationship ◽  
Qualitative Approach ◽  
Children's Education ◽  
Marriage Contract ◽  
Children’S Education ◽  
Household Costs ◽  
The Cost ◽  
Husband And Wife

This research aims to find out what are the forms of zahir (material) and inner (non-material) livelihood that a husband must give to his wife? Is the living provided by the husband because of the obedience of the wife or because of the marriage contract? By using a qualitative approach. Zahir livelihoods are related to basic daily necessities, which can be classified as الكسوة (clothing), الطعام (food) and السكن (board), household costs and maintenance, the cost of children's education. While the inner livelihood can be classified as: 1) Husband teaches the values of tauhid, morality and worship. 2) Husband treats wife well, gently. 3) Husband gives sovereignty to wife to interact with society. 4) The husband gives an explanation of what the wife is lacking. 5) Having an intimate relationship between husband and wife. Livelihood is the logical consequence of the marriage contract, both zahir and inner. Zahir is a gift from the husband that must be given to the wife when the marriage contract is completed, provided that they both exercise their rights and obligations. If a wife does not fulfill her obligations as a wife, then the husband is not obliged to provide zahir support to his wife. Meanwhile, the inner livelihood is the living that the husband must give to the wife from the completion of the marriage contract until the end of the marriage, whether the wife is obedient or not.

scholarly journals [The Wife's Obligation to Fulfill Inner Maintenance to Husband Who is Infected With Hiv / Aids: According to Islamic Family Law and Case Study] Kewajipan Isteri Menunaikan Nafkah Batin Kepada Suami yang Dijangkiti Hiv/ Aids: Menurut Undang-Undang Keluarg

2015 ◽  
Vol 9 ◽  
pp. 64-75
Author(s):  
Md. Zawawi Abu Bakar ◽  
Rajwani Md. Zain ◽  
Wan Ab Rahman Khudzri Wan Abdullah
Keyword(s):  
Family Law ◽  
Study Data ◽  
People Living With Hiv ◽  
Interview Methods ◽  
Islamic Family Law ◽  
Living With Hiv ◽  
The Relationship ◽  
Husband And Wife ◽  
Hiv Aids

This paper aims to explain the dilemma that occurs in marital relationships. The issue of performing the external or internal maintenance obligation on the husband who has HIV / AIDS causes the wife to suffer. Thus, a qualitative study has been done to identify the dilemma that occurs in the relationship between husband and wife. Archival research methods such as the provisions of Islamic Family Law (UUKI), fiqh munakahat and case studies have been used. Interview methods were also performed to answer the objectives of the study. A total of 8 respondents, namely the wives of AIDS sufferers, were interviewed to obtain study data and the data was finally analyzed manually (QDA). The results show that there is discrimination against people living with HIV / AIDS (OHDHA) (wife) in the form of external and internal maintenance (husband and wife relationship). Even sadder, all respondents have been infected with HIV / AIDS as a result of intimate relationships with their husbands. The study finally concludes that OHDHA (wife) needs guidance and understanding of how to deal with the dilemma of performing duties as a wife and avoiding darar treatment from her partner (husband). Keywords: UUKI, Obligation, Wife, nafkah, HIV/AIDS. Makalah ini bertujuan menjelaskan dilema yang berlaku dalam hubungan suami isteri. Isu berkenaan melaksanakan kewajipan nafkah zahir atau batin terhadap suami yang menghidap HIV/AIDS menyebabkan isteri menderita. Justeru, satu kajian kualitatif telah dilakukan untuk mengenal pasti dilemma tersebut yang berlaku dalam hubungan suami isteri. Kaedah kajian arkib seperti peruntukan Undang-Undang Keluarga Islam (UUKI), fiqh munakahat dan kajian kes telah digunakan. Kaedah temubual juga telah dilakukan untuk menjawab objektif kajian. Responden seramai 8 orang iaitu isteri kepada penghidap AIDS telah ditemubual bagi mendapat data kajian dan data akhirnya dianalisis secara manual (QDA). Hasil kajian menunjukkan bahawa berlaku diskriminasi terhadap Orang Hidup Dengan HIV/AIDS (OHDHA) (isteri) iaitu dalam bentuk nafkah zahir dan batin (hubungan suami isteri). Lebih menyedihkan lagi semua responden telah dijangkiti HIV/AIDS hasil hubungan intim bersama suami. Kajian akhirnya menyimpulkan bahawa OHDHA (isteri) perlu kepada bimbingan dan pemahaman bagaimana menangani dilemma melaksanakan kewajipan sebagai isteri dan mengelakkan daripada perlakuan darar daripada pasangannya (suami).   Kata kunci: UUKI, kewajipan, isteri, nafkah, HIV/AIDS

scholarly journals South African Marriage in Policy and Practice: A Dynamic Story

2019 ◽  
Author(s):  
Michael W. Yarbrough
Keyword(s):  
South African ◽  
Theoretical Approach ◽  
Family Relationship ◽  
Legal Regime ◽  
Policy And Practice ◽  
Scholarly Research ◽  
The Law ◽  
The Relationship ◽  
Dynamic Interplay

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law’s role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analyzing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. Accordingly, while my argument broadly distinguishes the more repressive regimes of colonialism and apartheid from the more expansive post-apartheid legal regime, it also partially undoes that periodisation by highlighting limits and evasions of repressive law and obstacles impeding access to post-apartheid law’s expansive promises.

scholarly journals Uses of Digital Mediation in the School-Families Relationship During the COVID-19 Pandemic

2021 ◽  
Vol 12 ◽  
Author(s):  
Blanca León-Nabal ◽  
Cristina Zhang-Yu ◽  
José Luis Lalueza
Keyword(s):  
Digital Divide ◽  
Family Relationships ◽  
Family Relationship ◽  
Case Analysis ◽  
Communication Tool ◽  
Childhood Education ◽  
Classroom Activities ◽  
Social Restriction ◽  
The Impact ◽  
The Relationship

The COVID-19 pandemic has sharpened the inequalities in our societies. In Spain, we observed that the impact on schooling varied according to socioeconomic, gender and sociocultural variables. In this article, we present a case analysis illustrating the impact of the COVID-19 pandemic on schooling in early educational grades (ages 3–6), which leads us to focus on school-family relationship. First, we present some studies that show the inequalities in education during the lockdown period, the digital divide faced by both schools and families and how digital mediation impacts school-family relationships. Then we will introduce our study, which aims to explore the uses, potentials and limitations of an app intended to facilitate the relationship. Our study took place during September 2020-January 2021, when social restriction persisted. It took the form of a telematic ethnography in which we monitored the meetings of the Early Childhood Education teachers and their interaction with the families via an app-based communication tool. Results have allowed us to identify that most conversations are initiated by the school and their aim is to show families the classroom activities. We have also observed some advantages regarding the use of this app: communication can become more direct and immediate, and teachers have developed strategies to foster proximity in this relationship, as well as to respond inclusively to diversity. Regarding the challenges, we identified the lack of involvement of some families, the need to transform the roles played by families and children, and the difficulty to maintain personalized relationships.

PSYCHOLOGICAL FEATURES OF PRESENTATION AND PERCEPTION OF MOTHERS IMAGES IN ADVERTISING

2019 ◽  
pp. 60-71
Author(s):  
I. V. Klymenko ◽  
A. I. Lokhmachova
Keyword(s):  
Individual Characteristics ◽  
Target Audience ◽  
The Family ◽  
Media Space ◽  
Good Mother ◽  
The Media ◽  
Psychological Features ◽  
The Relationship ◽  
The Ideal ◽  
Husband And Wife

The article is devoted to the generalization of information about the image of the “ideal” or “good” mother and its implementation in advertising practice. The authors analyzed the evolution of this image in the media space from the concept of traditionalism (woman who is realized exclusively in the family and motherhood) to the concept of neo-traditionalism (mother, who has time for everything, including the professional sphere and the sphere of self-fulfillment). There is an increase in value of egalitarian models (partnership distribution of roles and functions between husband and wife) and the presentation of realistic ideas about a “non-ideal” mother in foreign practice. However, this trend is much less common in the Ukrainian advertising space. The authors found the most common images of mothers in Ukrainian advertising: “Selfless”, “Caring”, “Balanced”, “Hedonic”, “Rebellious” and “Supervisory” and analyzed the peculiarities of their use, the intensity of presentation, the relationship with the advertised product. The authors found that conservative images of mothers (family oriented, selfless, caring, able to keep everything under control) are generally positively perceived by the target audience. Images that are distant from such traditionalist cliché (innovative, self-centered, hedonic) are rated worse. The authors demonstrated the relationship between mothers’ individual characteristics and their tendency to favor a particular character in advertising. Women, who are more experienced, self-sufficient, tend to rely on their own experience prefer less conservative advertising images (“Balanced”, and “Hedonic”). Less experienced women, who are guided by externalities experience, are focused exclusively on child, perceive positively traditionalist images “Selfless” and “Supervisory” mother.

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