scholarly journals Status Hukum Wali Nikah bagi Ayah Pelaku Incest terhadap Anak Kandung: Tinjauan Empat Mazhab dan Kompilasi Hukum Islam

2018 ◽  
Vol 12 (1) ◽  
pp. 161
Author(s):  
Ahmad Fatah ◽  
Sri Utami
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Biological Child ◽  
Library Research ◽  
The Subject ◽  
The Guardian

<p>The purpose of this study was to describe the legal status of the guardian of marriage for the father of the incest against the biological child. This study is limited to a review of four schools and the Compilation of Islamic Law (KHI). This study is a library research, which is to examine several basic and secondary references to discuss the subject matter of the study. The results of this study state that guardian marriage is one of the pillars of marriage and there is no marriage if there is no guardian. A marriage is considered invalid if there is no guardian who allows the bride to leave the bridegroom. Thus the presence of guardians in marriage can play a role in protecting women from possible disadvantages in their marital life. As for the marriage guardian, it is regulated in Article 19 to Article 23 Compilation of Islamic Law. Imam Maliki, Shafi'i, and Hambali argue that guardians are a legitimate condition of a marriage, while Imam Abu Hanifah argues that a woman may marry herself without a guardian. The legal basis of the opinions of Imam Maliki, Shafi'i, and Hambali are several hadiths. The opinion of Imam Abu Hanifah based on the hadith of the Prophet narrated by Bukhari and Muslim from Ibn Abbas r.a.</p>

scholarly journals PROBLEMATIKA IDDAH WANITA HAMIL DI LUAR NIKAH

Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Moh. Nafik
Keyword(s):  
Pregnant Women ◽  
Legal Status ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Library Research ◽  
Marriage Contract ◽  
The Status ◽  
The Subject ◽  
Written Materials ◽  
Legal Consequences

There are many aspects that need to be studied to see and understand in detail, including the study of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnant women out of wedlock. In this study, researchers sought to examine these two perspectives by looking at the underlying factors of the contovercial marriage of pregnant women out of wedlock in Indonesia. This is very urgent because the differences in legal consequences contained in KHI and perceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. As in Article 53 KHI which tends to open wide the possibility for people who are not responsible for adultery, coupled with the legal consequences contained in KHI for adulterers is very light compared to the had law applied in some Islamic countries. To simplify this research, the compilers use a type of library research (library rescarch), whose data sources are extracted from written materials in the form of legal texts, both in the form of verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock. The nature of this research is descriptive-analysis-comparative research. Because this study besides describing the marriage of pregnant women in the study of fiqh science descriptively, also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnant women out of wedlock. From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differences of opinion between the two. For the Mālikī the marriage of pregnant women out of wedlock is divided into the marriage of pregnant women due to adultery with men who impregnate (biologically) and / or with other men (non-biological). Whereas KHI is more general and does not differentiate with whom the woman will marry. Apart from that, the child is pregnant. Pregnant women out of wedlock may be married by someone who impregnates her or by someone else who is not impregnating her, because there is no real prohibition from the Koran or Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and the marriage conditions that have been determined by Islamic law, in addition there is also an element of benefit. Keywords: Iddah, Pregnant Outside of Marriage, Hamil Di Luar Nikah

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

scholarly journals Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
Biological Father ◽  
Good Person ◽  
Biological Child ◽  
Analysis Techniques ◽  
Library Research ◽  
The Right

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.

Subjects of Tax Relations: Features of Legal Status and Classification

2019 ◽  
Vol 10 (7) ◽  
pp. 2024
Author(s):  
Liubov M. KАSIANENKO ◽  
Nataliа I. ATAMANCHUK ◽  
Olena O. BOIKO-SLOBOZHAN ◽  
Olena V. SHAKIROVA ◽  
Sergiy O. DANILOV
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Scientific Research ◽  
Educational Process ◽  
Tax Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Tax Legislation ◽  
The Subject

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.  

scholarly journals Korelasi Salat Dengan Fahsha' dan Mungkar Dalam Perspektif Al-Qur'an (Studi QS Al-Ankabut 45)

2020 ◽  
Vol 17 (1) ◽  
pp. 86
Author(s):  
Nurfadliyati Nurfadliyati
Keyword(s):  
Data Collection ◽  
Subject Matter ◽  
Cause And Effect ◽  
Is Research ◽  
Library Research ◽  
The Subject ◽  
Islamic Prayer ◽  
Analyze Data

This article aims to explore causality Qs.Al-Ankabut: 45 "Prayer prohibits immorality (fahsha') and wrongdoing (munkar)", There is a cause and effect if prayer is performed, it will prevent the prayer from immorality and wrongdoing. However, Quraish Shihab said that this verse was the subject of discussion and questions of the ulama, especially after seeing many who prayed but the prayer he did not need from immorality and wrongdoing. This is what encourages the author to study this verse, how the meaning of  Islamic prayer in the Qur'an, and what is the meaning immorality (Fahsha') and wrongdoing (munkar) in the Qur'an and how to correlation salat with immorality and wrongdoing. The method is library research, which is research conducted to collect and analyze data sourced from libraries, in the form of books, scientific magazines and various library sources which are used as research references. With data collection and documentation techniques, as for the proposed are various literacy works relating to the subject matter in this study. The results of the authors find that prayers that prevent acts of immorality and wrongdoing are prayers that are done sincerely, done according to the conditions, in harmony, and done with great solemnity, a submissive heart,keeping the prayers and being done continuously and doing sunnah prayers recommended. If the prayer is done in such a way, then the prayer can deter and prevent those who do it from immorality and wrongdoing. 

scholarly journals Improving laws on Public-Private Partnership projects appraisal council – Experiences from Korean laws

2020 ◽  
Vol 4 (4) ◽  
pp. First
Author(s):  
Như Thị Thùy Cao
Keyword(s):  
Legal Status ◽  
Investment Decision ◽  
Public Private Partnership ◽  
Legal Responsibility ◽  
Legal Basis ◽  
Project Investment ◽  
Private Partnership ◽  
The Past ◽  
Professional Requirements ◽  
The Subject

Appraisal is an important stage in the preparation of Public-Private Partnership projects, which has an important influence on the project investment decision. However, the reality of the appraisal work over the past time has not been as effective as expected. To improve this situation, first of all, it is necessary to improve the legal basis of the organization, operation as well as the responsibility of the subject assigned to the appraisal task (the appraisal council). Only when the legal status of the appraisal council is independently designed, the composition of the appraisal council meets the professional requirements and the legal responsibility of each member of the appraisal council are clearly defined, thus the appraisal work can be done seriously and effectively. With the above orientation, this article will clarify Vietnamese legal regulations related to the appraisal council for Public-Private Partnership projects, including the current provisions of Decree 63/2018/ND-CP and the upcoming provisions of the Law on Public-Private Partnership Investment 2020. At the same time, this article will also compare with similar provisions of the Korean laws to have multidimensional views. On that basis, this article will propose a number of personal views to complete the legal basis for the appraisal of Public-Private Partnership projects in our country.

scholarly journals IMPLEMENTASI NAFKAH IDDAH PADA PENGADILAN AGAMA WATAMPONE

2020 ◽  
Vol 2 (1) ◽  
pp. 64-74
Author(s):  
Nur Tasdiq
Keyword(s):  
Qualitative Research ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Philosophical Approach ◽  
Religious Courts ◽  
Husband And Wife

Abstract: This research is about the application of iddah income for wives at the Religious Court in Watampone. The main issues regarding the legal status of iddah livelihoods, and how to determine the amount of iddah livelihoods, as well as the efforts of judges in resolving husband's cases refuse to provide iddah livelihoods. This research is a qualitative research with a normative juridical approach and a philosophical approach. The provision of livelihood in the Qur'an and the Compilation of Islamic Law in Indonesia is obligatory to be given to the wife after divorce, requested or not requested in court, as long as the divorce is not due to the wife's nusyuz. But this is not the case with his practice at the Religious Courts in Watampone. Determination of iddah income at the Religious Court in Watampone still prioritizes the agreement between the husband and wife, if an agreement is not found between them, the Panel of Judges will determine the amount by considering the husband's ability and wife's needs. Regarding the case of the husband refusing to provide iddah, the Panel of Judges took several efforts, but the efforts taken did not have a strong legal basis, even some of the efforts taken were not in accordance with the existing procedural law.AbstrakPenelitian ini mengenai penerapan nafkah iddah pada Pengadilan Agama Watampone. Pokok permasalahan tentang status hukum nafkah iddah, dan bagaimana cara penentuan jumlah nafkah iddah, serta upaya hakim dalam menyelesaikan perkara suami menolak memberi nafkah iddah. Penelitian ini adalah penelitian kualitatif dengan pendekatan yuridis normatif dan pendekatan filosofis.Ketentuan nafkah iddah di dalam  al-Qur’an dan Kompilasi Hukum Islam di Indonesia adalah wajib diberikan kepada isteri yang ditalak raj’i, diminta ataupun tidak diminta dalam persidangan, selama perceraian bukan karena nusyuznya isteri. Namun tidak demikian dengan peraktiknya di Pengadilan Agama Watampone. Penentuan nafkah iddah pada Pengadilan Agama Watampone tetap mengedepankan kesepakatan antara pihak suami dan isteri, apabila tidak didapati kesepakatan antara keduanya, maka Majelis Hakim yang akan menentukan jumlahnya dengan mempertimbangkan kemampuan suami dan kebutuhan isteri. Terkait perkara suami menolak memberi nafkah iddah, Majelis Hakim menempuh beberapa upaya, namun upaya yang ditempuh tidak memiliki dasar hukum yang kuat, bahkan beberapa upaya yang ditempuh tidak sesuai dengan hukum acara yang ada.Keywords: Implementation; Iddah; Living Rights; Religious courts.

scholarly journals ISLAM IN DIGITAL AGE: THE APPLICATION OF MAQĀSID AS-SYARI’AH ON DIGITAL ZAKAT

2019 ◽  
Vol 4 (1) ◽  
pp. 101-112
Author(s):  
Umi Cholifah
Keyword(s):  
Islamic Law ◽  
Digital Age ◽  
The Other ◽  
Legal Basis ◽  
Normative Study ◽  
Legal Concept ◽  
Digital Era ◽  
Basic Word ◽  
Other Hand ◽  
The Subject

           The digital era is utilized by many institutions in facilitating consumers to transact. One of them is transaction for zakat. However, zakat is a worship commanded by Allah. Then, the use of digitizing zakat should also be submissive and obedient to the rules established by Allah. On the other hand, in the Islamic rules there is something very important which can be used to approach contemporary issues comprehensively. It is also the objectives of Islamic law contained in each rule. It is namely maqāsid as-syari’ah. Through descriptive normative study, this paper will offer concepts of maqāsid as-syari’ah which can be applied in zakat on digital finance. Finally, this study aims to explore the concepts of legality and strengthening strategies for zakat on digital finance based on maqāsid as-syari’ah. The results of this study is some verses that have the basic word zakat are in the first reference to explore the legal content of zakat on digital finance. From the legal basis, it appears that in legal concept, the provisions that exist in zakat on digital finance must be in accordance with the rules of zakat in Islam. As for steps to strengthen zakat in terms of two aspects, there are the scope of legal objectives and the subject. Abstrak         Era digital dimanfaatkan oleh banyak lembaga dalam memfasilitasi konsumen untuk bertransaksi. Salah satunya adalah transaksi zakat. Namun, zakat merupakan ibadah yang diperintahkan oleh Allah. Oleh karenaitu, penggunaan digitalisasi zakat juga harus tunduk dan patuh pada aturan yang ditetapkan oleh Allah. Di sisi lain, di dalam aturan Islam terdapat sesuatu yang sangat penting yang biasa digunakan untuk mendekati masalah kontemporer secara komprehensif. Hal ini juga merupakan suatu tujuan hukum Islam yang terkandung dalam setiap aturan, yang disebut dengan maqāsid as-syari'ah. Melalui studi normative deskriptif, tulisan ini menawarkan konsep maqāsid as-syari'ah yang dapat diterapkan dalam zakat pada keuangan digital. Akhirnya, penelitian ini bertujuan untuk mengeksplorasi konsep legalitas dan memperkuat strategi  zakat pada keuangan  digital berdasarkan maqāsid as-syari'ah. Adapun hasil dari penelitian ini adalah beberapa ayat yang memiliki kata dasar zakat ada dalam referensi pertama untuk mengeksplorasi konten hukum zakat pada keuangan digital. Dari dasar hukum, tampak bahwa dalam konsep hukum, ketentuan yang ada dalam zakat pada keuangan digital harus sesuai dengan aturan zakat dalam Islam. Adapun langkah-langkah untuk memperkuat zakat dalam dua aspek yaitu  ruang lingkup tujuan hukum objek dan subjek.

scholarly journals The Custom of Distant-Marriage: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Study ◽  
Islamic Law ◽  
Family Members ◽  
Main Subject ◽  
Marriage Contract ◽  
The Subject ◽  
The Guardian ◽  
Legal Marriage

This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it.

scholarly journals The Concept of Prenatal Education Aswaja Annahdliyah's Perspective in Shaping the Character of Early Childhood

2021 ◽  
Vol 1 (1) ◽  
pp. 10-20
Author(s):  
Ehwanudin Ehwanudin ◽  
Mai Zuniati
Keyword(s):  
Material Processing ◽  
Early Childhood ◽  
Islamic Law ◽  
Secondary Data ◽  
Prenatal Education ◽  
Expert Opinions ◽  
Research Material ◽  
Library Research ◽  
The Subject ◽  
Education Needs

This article concerns prenatal education, which is still less reacted by educational experts. The younger generation has meanwhile started a shift in determining its potential life partner in this millennial era. The aim of this study is therefore to reveal the concept of prenatal training in Aswaja Annahdliya, in the context of library research, in shaping the character of early childhood. This is specifically a series of activities related to library data collection, reading, notes and research material processing. The primary evidence is based on the idea of Aswaja and the concept of Khittah Nahdlilah. He always uses his way of thinking, not extremist and secondary data from expert opinions on the subject. The conclusion of this study is that the implementation of prenatal education needs to be based on Islamic law, namely Alqur and Hadeith as its main source; the opinions of the four Mahzabs from Maliki, Hanafi, Syafi'i, and Hambali, and of Nahdlatul-based muktabaroh books, as long as they are not contradictory with Alquran and existing traditions. This applies to keeping good old traditions and adopting new, more advantageous traditions.

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