scholarly journals PENGANIAYAAN BERAT SEBAGAI ALASAN PENGHALANG MEWARISI DALAM KOMPILASI HUKUM ISLAM PASAL 173 HURUF A

Author(s):  
Riyan Ramdani ◽  
M. Najib Karim

The purpose of this study was to explore severe persecution as the reason the barrier inherits in a compilation of Islamic law section 173 the letter A. the topic of “Severe Persecution” isan interesting topic both academic and general quarters about it can be highlighted in both the book and the legacy. Nextaya persecution heavy is the new form of inherited law Indonesia included in a compilation of Islamic law under section 173 of the lette A the view of cleric 4 of madzhab category of severe persecution is not through research. Using the yuridis normative and yuridis empiris method in the form of content analysis. After heavy mayhem is categorized as the reason for the obstacle inheriting acquired knowledge and understanding the data is then analyzed comprehensive to find the basis of his KHI’s law makes the persecution tough as an excuse for inheritable rule, the istinbath of KHI chapter 173 of the relationship between section 173 and the opinions of Indonesian scholars. The study found a result in a compilation of Islam law not given a clear, concrete understanding of what constitutes severe persecution. The priest hanafi argued that murder was not entitled to an inheritance by the one whom he killed whether intentionally or imbued, and then in this context the combination of Islamic law used the three methods of ushul fiqh in determining the renewal of the barrier, first, maslahah mursalah, second, sad dzariah, third, qiyas. And interrelated to the scholars’ opinion that a grouping of heiress in KHI chapter 173 is a legal renewal of heiress according to the code “law can change accourding to the circumstances.Penelitian ini bertujuan untuk mengeksplorasi penganiayaan berat sebagai alasan penghalang mewarisi dalam Kompilasi Hukum Islam pasal 173 huruf A. Topik mengenai “penganiayaan berat” merupakan topik menarik dikalangan akademik maupun dikalangan umum. Diskursus mengenai hal tersebut dapat disorot dari aspek hukum maupun kewarisan. Selanjutnya penganiayaan berat merupakan bentuk pembaharuan hukum kewarisan di Indonesia yang termaktub dalam Kompilasi Hukum Islam Pasal 173 huruf A sedangkan dalam pandangan Ulama 4 madzhab kategori penganiayaan berat tidak termasuk dalam pandangan para Ulama. Data penelitian ini diperoleh melalui penelitian yang menggunakan metode yuridis normatif dan yuridis empiris dengan bentuk content analysis. Setelah konsep penganiayaan berat yang dikategorikan sebagai alasan penghalang mewarisi dipelajari dan di fahami, data kemudian dianalisa secara komprehensif untuk menemukan dasar hukum KHI menjadikan penganiayaan berat sebagai alasan penghalang mewarisi, proses istinbath hukum KHI pasal 173 dan Hubungan antara pasal 173 dengan pendapat para Ulama Indonesia. Penelitian ini menemukan sebuah hasil Dalam Kompilasi Hukum Islam tidak diberikan pengertian yang jelas dan konkret tentang apa yang dimaksud dengan penganiayaan berat. Imam Hanafi berpendapat bahwasanya pembunuhan tidak berhak mendapatkan warisan dari seseorag yang ia bunuh baik dibunuh secara sengaja atau tidak sengaja, kemudian Dalam konteks ini Kompilasi Hukum Islam menggunakan tiga metode ushul fiqh dalam menentukan pembaharuan penghalang kewarisan, pertama, maslahah mursalah, kedua, sad dzariah, ketiga, qiyas. Dan Hubungan antar pasal dengan pendapat para ulama bahwasa­nya pengelompokkan penghalang waris dalam KHI pasal 173 adalah pembaharuan hukum waris sesuai dari sebuah kaidah “Hukum bisa berubah sesuai dengan keadaan tempat dan waktu”

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.


Tsaqofah ◽  
2020 ◽  
Vol 18 (02) ◽  
pp. 99
Author(s):  
Didin Komarudin Komarudin

This writing is based on the background that religious formalism is increasingly becoming a fundamental problem. This is marked by the patterns and behavior of people who claim to be religious but there is no concrete implementation in their daily lives. This research was conducted to determine the concept of religion as a fitrah for humans as well as how religious beliefs are to the level of the relationship between religion and science according to Murtadha Motahhari. This research is a qualitative study that uses a sociological analysis approach, while the data in this study come from content analysis collected from various sources. , the level of religious belief, until people know God, the criticisms of Murtadha muthahhari which are an integral part of the life of the above figures to practice true religious values. Religion as human nature gives birth to the belief that religion is the only way to fulfill all needs, so that religion is not only a label or social formality but is able to become a guide in life and life. All religions teach goodness and peace, and no religion teaches violence. But sometimes there is violence in the name of religion because of a lack of understanding or a distortion of the source of religion itself. So that religion is sometimes used, and it seems that religion and religious practice are the opposite. So what is blamed on the concept of religion itself is actually the one who is wrong for religious actors.


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.


Author(s):  
Faisal Bin Husen Ismail ◽  
Jasni Bin Sulong

A conducive environment is a comfortable situation, harmonious as well as friendly in the relationship between government and communities upon enforcement of law. Therefore, the administration and enforcement of law towards society have to take account public’s benefit, either from religion perspective, customary or local culture. The ignorance of those elements will bring regulation towards injustice and discrimination. For that reason, comfortable environment was taken into account during Caliph Omar al-Khattab who have procrastinated the enforcement of law (cutting hand for criminals) during drought period on the reason of unconducive period. It was a difficult phase of life which some communities living in needs and pitiable, and the situation is not appropriate to penalize them for stealing foods. However, scholars nowadays only discuss upon the matter in term of its influence to dismiss the application of Islamic law but not in term to comprehend the reality and concept of conducive environment in the application of Islamic criminal law. Therefore, the polemic of conducive environment took place without any yard stick of the situation that well elaborated. Hence, in order to overcome the conflict, this paper is at aim to clarify the notion as well as features of conducive environment from the perspective of shariah law. The paper will lay out the situation to become as a mechanism in measuring the readiness and ability in applying the fair law. The methodology of the study is in a qualitative means by reviewing historical notes by using content analysis upon the Prophets Era as well as the period of Khulafa’ al-Rashidin. The data will be compared to contemporary epoch in understanding the similarity as well as the difference. The finding of the study is very significant to justify the appropriateness in the application of Islamic criminal law nowadays, whether its meet the need of shariah (maqasid al-shariah) or vice versa.


2017 ◽  
Vol 6 (4) ◽  
pp. 56-65
Author(s):  
N.V. Zhukova ◽  
B.B. Aismontas

The article analyses the results of scientific information retrieval, aimed at identifying the relationship between certain parameters of archetypes and social behaviors of modern adolescents: on the one hand — development of personality, identity, socialization, on the other hand — the use of social networks as a communication space. The search was conducted within the complex of modern neurosciences at the systematic level and interdisciplinary research.


1978 ◽  
Vol 24 (3) ◽  
pp. 317-354 ◽  
Author(s):  
Henk J. De Jonge

Within the story of the twelve-year-old Jesus in the temple there are un-mistakable tensions. Two themes compete for the attention of the reader: on the one hand, the surprising intelligence of the young Jesus (47); on the other hand, his awareness that God, as his real Father, has claims upon him, to which his parents have to take second place (49). Luke could have given Jesus' statement on his obligations to his Father without describing the way in which he astonished the learned men in the temple. Alternatively, he could have brought out the intelligence of the child Jesus without quoting the words of 49, which seem to disparage his parents. One can see a relation-ship between the two themes, though it is not given in the narrative itself. The interpretation of the pericope stands or falls on the elucidation of the relationship between the two elements of the episode.


Author(s):  
Ali Abedzadeh ◽  
Abdolhadi Daneshpour ◽  
Maryam Ostadi

Humanity settlement are formed as a result of decisions and actions of different people and become as a form of an identity of integrity. So urban form is influenced by desires, values, beliefs, and human activities, so the study of urban form is the study of its constituent human values and expression of physical aspects of their lifestyles. Before contemporary periods, urban form in Iran, continuity based on former patterns of changes, which was gradual, but after the beginning of the influence of west, one of the most important challenges of urban form in Iran is in the form of short-term changes. Changes occur in a cycle of destruction and construction. This paper use the way of content analysis investigate to texts, document to study form and typo-morphology of residential environment in the city of Mashhad. In the periods of one hundred years shows there is a direct and significant relationship between changes of Iranian lifestyle and metamorphosis of urban form, so that by sequential developments of Iranian lifestyle in a short time, the urban form is responded and metamorphosed and again is created in a new form.


2021 ◽  
Vol 6 (1) ◽  
pp. 1-14
Author(s):  
Habib Rois

Changes in the meaning of words with refinement (euphemism) and refinement (dysfemism) occur at the level of a sentence marked by words, phrases and clauses. The purpose of this research is to describe the forms of euphemisms and dysphemisms in the essay of Emha Ainun Nadjib (Cak Nun) with the title "Life Must Be Clever Ngegas and Ngerem" through a component analysis. The paradigm in research uses qualitative by referring to the natural axioms of reality, the relationship between the researcher and the one being studied, the possibility of generalization, and the causal relationship. The data in this study are in the form of sentences in Cak Nun's essay which are included in the process of changing the meaning of euphemisms and dysfemisms. The data is taken from a book entitled "Life Must Be Smart and Ngerem", an article that contains motivation and teachings of life based on Islamic law. The data analysis process in this study includes four stages, namely domain analysis, taxonomic analysis, component analysis, and cultural theme analysis. The results in this study contain a form of euphemism with two modes of use, namely protection and motivation. Meanwhile, dysphemism has two modes of use which include negative evaluation and satire. The four modes are then combined with the equivalent words in accordance with the context of the sentence, giving rise to comparisons based on the meaning components contained. Comparison of meaning components aims to determine the level of meaning change which refers to refinement and roughing. There is one word without comparing the meaning component with its equivalent, namely the word pramonyet. The term pramonyet is used as a form of curbing which refers to the process of comparing human needs with a monkey.


2017 ◽  
Vol 1 (1) ◽  
pp. 85-95
Author(s):  
Muh Yunan Putra

Indonesia is the one of democracy country and has principle of believe in the One Supreme God. Refer to it, there are some roles or the bills created based on Islamic Law, such as Marriage Law, Heritage Law, Waqf Law and Criminal Law.  In apply, Islamic Low usually face the normative situation and the increasing of human need and thinking. So, it is required to be able to adjust or create new form to fulfill both of interest. In this case, it can be seen at product law or fatwa created by Indonesian Council Of Ulama (MUI) which integrated based on community’s need. However, disconnected between structure and function of law caused by political performance. Historically, Islamic Law in Indonesia was influenced by social-culture aspect, it marge with Islamic thinking and characteristic such as Fiqh Book, Islamic roles in Muslim’s country, judgment or verdict, or the roles (fatwa) which is created by Ulama. So, namely Islamic Law is the pure of Islamic thinking which produced by Ulama integrated with the social environment. Although, al-Quran dan al-hadits have the roles also to be law, but there are many problems that need to solve using the law’s guide. To solve that problems, Ulama do ijtihad and think hard to get out problem solving. Finally, Ulama use their mind to fulfill the emptiness law, so the result is the product of thinking law as now as.


2020 ◽  
Vol XVIII (1) ◽  
pp. 5-17
Author(s):  
Karol Jasiński

The author of the article attempted to define the character of contemporary, new form of spirituality and show its connections with religion. The appearance of a new kind of spirituality is the result of processes taking place in social life. On the one hand, it is marked by secularization and secularism, on the other, it is desecularization and post-secularism. The analyzes were based on the belief that a new spirituality alone is insufficient in the life of a particular man, but it must find a complement to some religion. The article consists of three parts. In the first one the following phenomena were discussed: secularization, secularism, post-secularism. The second part analyzes the phenomenon of new spirituality. In the third, however, attention was drawn to the issue of religion, the traditional understanding of spirituality and the nature of the relationship between religion and spirituality.


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