scholarly journals Khul' Menurut Imam Syafi'i dan Imam Hanbali: Mencari Relevansinya di Indonesia

AL-HUKAMA ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 150-170
Author(s):  
Edi Kurniawan ◽  
Ulul Albab Fadhlan ◽  
Illy Yanti
Keyword(s):  
Menstrual Cycle ◽  
Islamic Law ◽  
Relevant Literature ◽  
Religious Practice ◽  
Legal Implications

Khul' or divorce requested by a wife is one of the causes marital termination. According to Imam Syafi'i, khul' is a divorce (talak) with an  'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul' is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul' as fasakh would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the Syafi’i mazhab.

scholarly journals THE RELATIONSHIP BETWEEN IMPACT OF ZAKAT DISTRIBUTION AND RELIGIOUS PRACTICE AMONG MUALLAF IN SELANGOR

2019 ◽  
Vol 7 (4) ◽  
pp. 371-376
Author(s):  
Syarul Azman Shaharuddin ◽  
Muhammad Yusuf Marlon ◽  
Mariam Abd Majid ◽  
Abur Hamdi Usman ◽  
Fakhri Sungit ◽  
...  
Keyword(s):  
Islamic Law ◽  
Pearson Correlation ◽  
Descriptive Analysis ◽  
Religious Practice ◽  
Mean Value ◽  
Quantitative Methodology ◽  
Pearson Correlation Analysis ◽  
High Level ◽  
The Impact ◽  
The Relationship

Purpose and problem of the study: This study to identify the level of impact of zakat distribution and the level of religious practice among the mualaf (convert) in Selangor. The aim is also to analyse the relationship between the level of impact of zakat distribution and the level of religious practice of mualaf in Selangor. The problem of the study is issues which related to the granting of zakat rights to Muslims and its impact on strengthening the faith of these groups and their appreciation of Islamic teachings. Methodology: This study applies quantitative methodology which involves 454 Muslim converts as respondents and they were randomly selected to get the data of this study. Main Findings: The descriptive analysis findings demonstrate that the level of impact of zakat distribution and the level of religious practice of mualaf in Selangor is at high level, where each has a mean value (4.20 and 4.63). The result of the Pearson correlation analysis proves that there is a significant relationship between the impact of the distribution (r = 0.643, p < 0.01) and religious practice (r = 0.677, p < 0.01).       Applications of this study: This study involves respondents from the mualaf group in Selangor. Selangor has chosen to be the area of study as the total number of muallaf registered in this state is greater than those in other states in Malaysia. Novelty/Originality of this study: The implementation of zakat distribution based on the principals and concepts dictated by Islamic law will give a great impact to the group of mualaf (convert). 

scholarly journals Diabetes, driving and fasting during Ramadan: the interplay between secular and religious law

2018 ◽  
Vol 6 (1) ◽  
pp. e000520 ◽  
Author(s):  
Nazim Ghouri ◽  
Sufyan Hussain ◽  
Ruzwan Mohammed ◽  
Salem Arifi Beshyah ◽  
Tahseen A Chowdhury ◽  
...  
Keyword(s):  
Healthcare Professionals ◽  
Islamic Law ◽  
Muslim Population ◽  
The Public ◽  
Legal Implications ◽  
Religious Law ◽  
Legal Position ◽  
Challenging Situation ◽  
Control And Management ◽  
Religious Aspects

A large proportion of the Muslim population fasts during Ramadan. The risk of hypoglycemia is increased with fasting during Ramadan in people with diabetes who are on insulin and insulin secretagogues. Therefore, the combination of fasting with diabetes and driving presents a challenging situation, with legal implications for such individuals and their healthcare professionals. This novel, narrative, non-systematic review discusses the importance of addressing hypoglycemia in fasting with reference to secular legal guidance on driving with diabetes. We discuss religious aspects relating to fasting and driving in Islam. While there is no clear guidance or legal position on diabetes and driving for individuals who are fasting, Islamic law provides a logical framework to address this. Healthcare professionals need to raise and facilitate discussions on this often-overlooked topic with people with diabetes who are planning on fasting to minimize the potential for public harm. For some individuals fasting perhaps should be avoided when driving and that this religiously compatible position would best be adopted when one is dependent on driving for livelihood. Ultimately further research on glycemic control and management when fasting and driving, as well as a formal legal guidance on this topic, is required to safeguard healthcare professionals and the public from the potential dangers of driving with diabetes and fasting.

scholarly journals Negotiation and Contestation of Islamic Religious Practices of the Transvestites in Yogyakarta

2018 ◽  
Vol 13 (2) ◽  
pp. 88-101
Author(s):  
Dony Arung Triantoro ◽  
Ardiansyah Ardiansyah
Keyword(s):  
Public Space ◽  
Literature Search ◽  
Islamic Law ◽  
Relevant Literature ◽  
Community Organizations ◽  
Field Studies ◽  
Religious Practices ◽  
Religious Leaders ◽  
Discussion Forums ◽  
Depth Interviews

This paper analyzes the forms of negotiation and contestation of religious practices Transvestites in Yogyakarta. The issue of Transvestites has become a hot conversation in the Indonesian public space and has led to multiple interpretations of the Transvestites identity’s position in the eyes of the law, religion, and society. So, it becomes significant to see how the negotiation and contestation of the Islamic religious practices among Transvestites. This study was conducted through field studies by conducting in-depth interviews and relevant literature search both online and offline. The results indicate that the Contestation of Islamic practices among Transvestites occurs in the form of interpretation of the Quranic texts, families and community organizations. To strengthen its existence, transvestites carried out many negotiations mainly related to the Islamic practice. Negotiations are carried out through various activities such as holding regular recitations, engaging in discussion forums and social activities in the community and interpreting the Quranic verse with a dehumanization approach to Islamic law. Besides, the support of religious leaders and the Legal Aid Institute further strengthens its authority in the community.

scholarly journals Foreign Bodies in the Abdominal Area: Review of the Literature

2019 ◽  
Vol 62 (3) ◽  
pp. 85-93 ◽  
Author(s):  
Evangelos Nastoulis ◽  
Maria-Valeria Karakasi ◽  
Maria Alexandri ◽  
Vasileios Thomaidis ◽  
Aliki Fiska ◽  
...  
Keyword(s):  
Foreign Body ◽  
Drug Trafficking ◽  
Foreign Bodies ◽  
Relevant Literature ◽  
Review Of The Literature ◽  
Therapeutic Approaches ◽  
Comprehensive Review ◽  
Neurological Illness ◽  
Legal Implications ◽  
Anatomical Localization

The aim of this paper is to update and summarize the relevant literature on the anatomical localization, incidence, and diagnostic and therapeutic approaches to abdominal foreign bodies. A comprehensive review was carried out on recorded cases related to the presence of foreign bodies in the abdominal area throughout the literature. Moreover, the phenomenon was discussed in relation to different patient categories associated with childhood, mental or neurological illness, incarceration, and drug trafficking as well as sexual accident or abuse. Particular importance is ascribed to the underlying psychopathology and motivation of foreign body ingestion in each category of patients. The surgical, psychiatric and legal implications of the issue are discussed in detail.

scholarly journals FATWA ABOUT SOCIAL INTERACTION ON SOCIAL MEDIA IN THE PARADIGM OF ISLAMIC LEGAL PHILOSOPHY

2020 ◽  
Vol 15 (2) ◽  
pp. 163
Author(s):  
Athoillah Islamy
Keyword(s):  
Social Media ◽  
Social Interaction ◽  
Social Life ◽  
Islamic Law ◽  
Relevant Literature ◽  
Research Data ◽  
Legal Philosophy ◽  
The Public ◽  
Legal Provisions ◽  
Library Research

This study aims to find the paradigm of Islamic legal philosophy contained in the Fatwa of the Indonesian Ulema Council (MUI) regarding guidelines for social interaction through social media. This type of research is qualitative research (library research). Data sources of this study is the Fatwa of MUI, No.24 of 2017 Concerning Law and Guidelines for Bermuamalah through Social Media and various relevant literature. The theory used in this research is the Maqasid Shariah theory. This study concludes that the Fatwa of MUI legal provisions that limit freedom of social interaction through social media are legal provisions in realizing the benefit of individuals (al-maslahat al-khassah) and the public (al-maslahat al-ammah) in the context of social life. To realize these two benefits, the five objectives of Islamic law (maqasid shari'ah al-khomsah), such as hifz al-nafs, hifz al-aql, hifz al-mal, hifz al-nasl can be manifested in various legal provisions of the fatwa of MUI which limits freedom of social interaction on social media. 

scholarly journals Implications of Dalalah Amr in Terms the Law of Serving in Covid19 Pandemic Situation

2020 ◽  
Vol 3 (4) ◽  
pp. 2857-2863
Author(s):  
Asmuni Asmuni ◽  
Hasan Matsum ◽  
Hadi Munawwar
Keyword(s):  
Islamic Law ◽  
Legal Implications ◽  
Worship Practices ◽  
The Law ◽  
Descriptive Method

It is an agreement of the ummah, that what Allah revealed in the Al-Qur'an and also what was conveyed by the Messenger of Allah in the Hadith are the basic sources of Islamic law. The two sources, of which there is an order (Amr), this Amr has various meanings such as obligatory, mustahab and others. In this study, the researcher attempted to describe the views of the scholars of jurisprudence in understanding the meaning of amar and its implications for one of the Islamic laws, and here the researcher took one case, namely the practice of worship during the Covid-19 Pandemic. Although most of the Ulama proposing fiqh are of the view that amr basically has a mandatory meaning unless there is a qarinah, in practice there are differences between them. In this study, the researcher used an analytic descriptive method in which after the researcher described the views of the Ulama with regard to the meaning of amr, the designation of the meaning of amar and the legal implications of practicing worship during the Covid-19 Pandemic, considering that at this time there were differences in worship practices that had never happened before Furthermore, the researcher provides some analysis of what the researchers understand based on the views of scholars and experts in this matter.

scholarly journals Implikasi Hukum Terkait Dengan Pelaksanaan Pasal 24 Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 19
Author(s):  
Sabri Fataruba
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Legal Certainty ◽  
Legal Implications ◽  
Legal Effect ◽  
The Will ◽  
Legal Discovery

Article 24 of Law Number 41 Year 2004 on Wakaf states that wakaf with testament both orally and in writing can only be done if witnessed by at least 2 (two) witnesses who meet the requirements. The statement that wakaf with a will, either orally or in writing can only be done if witnessed by at least 2 (two) witnesses fulfilling the requirements as meant in Article 24 of Law Number 41 Year 2004 above means that if the endowers with oral or written testimony is not witnessed by at least 2 (two) witnesses who fulfill the requirements, it will have a legal effect on the validity of the waqf status. However, after the following articles and / or paragraphs of Law Number 41 Year 2004 along with their explanation, as well as Government Regulation Number 42 of 2006 on Implementation of Law Number 41 Year 2004 About Wakaf,  there was not  found any article explains what legal implications would be if the wakaf testament is not witnessed by at least 2 (two) witnesses who meet the requirements. Therefore, in order to overcome the incompleteness resulting in the ineffectiveness of Article 24, if there are any concrete events related to the will of judgment submitted to the court to be resolved, the judge shall be able to use the method of legal discovery, either according to the science of law or according to Islamic law appropriately, so it can provide legal certainty for justice seekers.

WALI ADHAL DALAM PERNIKAHAN (Penyebab dan Penyelesaiannya Dalam Perspektif Hukum Islam)

Al-MAJAALIS ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 145-178
Author(s):  
Syailendra Sabdo Djati PS
Keyword(s):  
Islamic Law ◽  
Relevant Literature ◽  
Social Economy ◽  
Religion And Law ◽  
Definition Of ◽  
Voluntary Basis ◽  
Descriptive Qualitative

Marriage is a bond between humans on a voluntary basis, according to religion and law. The normative procedure for organizing a marriage is regulated in Law Number 1 of 1974 concerning Marriage. In the implementation of marriage, it must fulfill the pillars in the form of: 1. fiancé, 2. fiancée, 3. marriage guardian, 4. two witnesses and, 5. consent and acceptance. However, sometimes marriage is hindered by a guardian who is reluctant or refuses to marry off which is known as adhal.This study seeks to determine the definition of adhal and adhal guardian and its laws in Islam, the factors that cause guardian to do adhal and how it is resolved in the perspective of Islamic law. The writing method used is descriptive qualitative by looking at data in the field and studying of relevant literature. Factors that cause the occurrence of adhal can be due to fiancédoes not meet the criteria of guardian in terms of origin, nature, social, economy, as well as the  unharmonious relationship between the guardianand the woman under his guardianship, or motives for hurt toward ex-wife.The solution of adhal guardian is to use kinship persuasive advice. If this does not work, the bride and groom can ask for the appointment of a guardian to the Religious Court. After the verdict is issued, the marriage can be carried out with the magistrate guardianand registered at the KUA.

Islamic Law in Western Europe

2015 ◽  
pp. 724-750
Author(s):  
Mathias Rohe
Keyword(s):  
International Law ◽  
Alternative Dispute Resolution ◽  
Western Europe ◽  
Islamic Law ◽  
Religious Practice ◽  
Legal Aspects ◽  
Private International Law ◽  
The Third ◽  
History Of ◽  
Substantive Law

This article is divided into three parts. The first part provides a short overview of the history of Islamic law in Western Europe. The second part explains in some detail the different legal levels for the application of Islamic law in Western Europe (private international law; optional substantive law; implementation of Islamic norms; alternative dispute resolution), and describes the scope and limits of such application. The third part contains a brief introduction to the legal aspects of Islamic religious practice in the region, followed by a description of contemporary trends regarding the interpretation and handling of shari‘a norms among Muslims in Western Europe.

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