scholarly journals THE LEGALITY OF DIVORCE IN THE PERSPECTIVE OF HADITH

2016 ◽  
Vol 24 (1) ◽  
pp. 51
Author(s):  
Ridwan Hasbi ◽  
Syafaruddin Hasbi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Religious Values ◽  
Common Cause ◽  
The Status ◽  
The Will ◽  
The Right ◽  
The Given ◽  
Two Sides ◽  
Husband And Wife

Cerai talak (formula for divorce) and Cerai gugat (sue for divorce) are two terms of termination of marriage bond in Indonesia. The formula of divorce is a term that coincides with a divorce coming from the will of a husband and sue for divorce is the desire of a wife to separate from her husband. Islamic Law legalizes the right of wives in cases of divorce redeem (khulu‘) and fasakh because of syiqaq. On the other side, there are signs setting the rights up, so that the given reasons to use the rights must be legal in syar‘i. The reasons for the legality of divorce is a common-cause factor, so that the banning with threatening hadiths as well as those of the hadiths that say wives must obey their husbands, the wives should not hurt their husband and the wives are prisoners of husbands are all categorized into general. At another angle, there also the hadiths concerning with the status a couple husband and wife is heaven and hell for them in a household. Contextualization of hadiths that ban a wife asking for divorce without any legal cause from Syar‘i, and also those of the hadiths legalize khulu‘ are the realization of the conjugal lives with regards to the mandate of Allah and religious values. The facts of a wife sue for divorce to her husband are the conditions related to a confusion occurred in a household which are influenced by a variety of factors, i.g. economy, adultery, polygamy, social strata and others. A sue for divorce which is Syar’i based condition is a disagreement prolonged strife after peace held between the two sides and act endangers a wife

scholarly journals RECITATION OF WEDDING AGREEMENTS IN ISLAM: STUDY ON SAMBAS MALAY SOCIETY OF WEST KALIMANTAN

2020 ◽  
Vol 8 (2) ◽  
pp. 41-53
Author(s):  
Asman Asman
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Married Couple ◽  
Phenomenological Approach ◽  
The Other ◽  
Religious Leaders ◽  
West Kalimantan ◽  
Pros And Cons ◽  
The Right ◽  
Husband And Wife

After the consent is granted in the marriage of a husband and wife, the recitation of taklik talak takes place as part of a marriage agreement in Islam. This research is based on the consideration of the pros and cons of the Sambas Malay community, especially religious leaders regarding the marriage agreement called taklik talak in Islam. With a qualitative research method that is a phenomenological approach in the field, the author described how taklik talak exists as a marriage agreement in Islam and its application to the Sambas Malay community. The fact is that almost every married couple in the Malay community of Sambas does not say taklik talak by the husband to his wife after the consent is granted, only knowing it has been written or included in the marriage book without notification to the husband and wife. Although it is not obligatory to verbally express the taklik talak which is already written on the marriage certificate, once the taklik talak has been read out, it cannot be challenged again. If an agreement that has been agreed with a husband and wife is not fulfilled by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The results in the study concluded that the pros and cons of implementing taklik talak as a marriage agreement in Islam were caused by a lack of knowledge of the Marriage Law Number 1 of 1974 Article 29 concerning Marriage Agreement and Islamic Law Compilation (KHI) Article 46 concerning taklik talak as well as the lack of exposure from the KUA through religious counselors and BP4 to premarital couples  in Sambas.

scholarly journals Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia

2021 ◽  
Vol 19 (1) ◽  
Author(s):  
Asman Asman ◽  
Marilang Marilang ◽  
Kurniati Kurniati
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Islamic Law ◽  
Qualitative Research Methods ◽  
The Other ◽  
Religious Leaders ◽  
Knowing That ◽  
Pros And Cons ◽  
The Right ◽  
Husband And Wife

This article explains how the Existence of the Marriage Agreement in the Sambas Community of the Indonesia-Malaysia Border. Based on the pros and cons of the Sambas Malay Society, especially about the marriage agreement regarding taklik talak as a marriage agreement in Islam. With qualitative research methods that are phenomenological observations in the field, the author wants to describe how the existence of divorce taklik talak as a marriage agreement in Islam itself and its practice in the Sambas Malay Community and the reasons for the pros and cons of religious leaders. Almost every prospective husband and wife in marriage to the Sambas Malay Community does not say sighat taklik talak by the husband to his wife after the ijab qobul consent. Sighat taklik talak only knowing that it has been written or listed in a marriage book without being notified to the husband and wife. Although divorce taklik talak has written in the marriage certificate is not an obligation to say. Still, once taklik talak has said, the taklik talak cannot be revoked again. If an agreement with a husband and wife did not fulfil by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The study concludes that the pros and cons of divorce taklik talak as a marriage agreement in Islam cause a lack of knowledge about Marriage Law Number 1 of 1974 article 29 regarding marriage agreements and the Compilation of Islamic Law (KHI) Article 46 concerning taklik talak. And the lack of socialization of related parties from KUA through religious counsellors and BP4 in Sambas.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Investigating the Jurisprudence and Legal Analysis of Deception Role in Contracts

2016 ◽  
Vol 9 (8) ◽  
pp. 87
Author(s):  
Parvaneh Zarei ◽  
Seyed Mohammad Moosavi Bojnoordi
Keyword(s):  
Public Life ◽  
Civil Liability ◽  
The Other ◽  
Legal Analysis ◽  
Open Environment ◽  
Distribution Of Wealth ◽  
Economic Interaction ◽  
The Will ◽  
Two Sides ◽  
Taking Responsibility

<p>Contracts usually comes from agreement to those who are in harmony with the will and desires and in this economic interaction each party seeks to obtain his profits and interests and another forced or convinced to go with it. This way finally results in justice between the parties and hence the agreement as the best and most equitable means of exchange of goods and the distribution of wealth are established between two sides. However sometimes parties will not form in the open environment but a deception in the atmosphere caused by the use of deception and fraudulent practices methods to impose their will and the other party forced to the contract know that the fact is not refused to accept, or at least accept it with such situations. To condemn such behavior it is not enough that can only be committed morally to blame because the use of deception means to hide the faulty product which may cheated person bear the material or spiritual losses. Since jurisprudence knowledge is responsible for the expression of practical laws and ordinances principles and to deal with problems arising from fraudulent contract. Dealings in public life offer religious and legal solutions and this is not possible except with great scientific efforts in the field of jurisprudence. Deceiver responsibility is examples of un-arbitrary<strong> </strong>civil liability. Scholars have analyzed the deceiver’s liability and responsibility in detail to rule deceiver (Deceit) has been invoked. So that wherever deceit and pride to be true in taking responsibility for the spiritual and material elements no deceiver can be cited and compensation that pride has suffered through fraud and deceit pride demanded. Once a deceiver can be no liability for (Deceit) and the following conditions must be present:</p>1) beguiling act 2) prejudicing 3) sedative’s knowledge and seduced unknowing 4) element of deception 5) deceived dissatisfaction

scholarly journals THE PRINCIPLE OF QUALITY OF LIFE VERSUS SANCTITY OF LIFE IN THE EUTHANASIA DEBATE: WHERE DOES ISLAMIC LAW STANDS?

2012 ◽  
Vol 19 (1) ◽  
Author(s):  
Omipidan Bashiru Adeniyi
Keyword(s):  
Quality Of Life ◽  
Terminal Illness ◽  
Assisted Suicide ◽  
Islamic Law ◽  
The Other ◽  
Western World ◽  
Sanctity Of Life ◽  
World Today ◽  
The Right

The trend in most part of the western world today is the agitations for a person to have the right to take his own life, when such life, becomes unbearable due to pain, being the result of a severe or terminal illness. This is the position of proponents of the concept of euthanasia and assisted suicide. Opponents of the concept on the other hand are of the view that no matter the circumstances, a person should not take his own life because he has contributed nothing to its creation. They therefore uphold the sanctity of life as against its quality. This paper seeks to examine the relative arguments and will address the position of Islamic law governing the euthanasia debate.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals Балцкія элементы ў граматыцы традыцыйных мясцовых гаворак паўночна‑заходняй Беларусі

2015 ◽  
Vol 36 ◽  
pp. 51-59
Author(s):  
Вера [Vera] Астрэйка [Astrėĭka]
Keyword(s):  
The Other ◽  
North West ◽  
Language Support ◽  
The North ◽  
The Status ◽  
Formal Level ◽  
The Baltic ◽  
Language Assimilation ◽  
The Given ◽  
North Western

The Baltic elements in the grammar of traditional local dialects of north-western BelarusThe article analyzes a number of grammatical features typical for the North-West dialect zone of the Belarusian language. These peculiarities are interpreted as a possible result of Slavic-Baltic contacts in the region. Some phenomena can be explained as a Baltic (mainly (great)Lithuanian) substratum in North-West Belarusian dialects.The factor of areal neighborhood has to be taken into consideration too. Such phenomenon as language support has effect just in connection with the last one. A lot of the appropriate lingual facts are in restricted and inconsistent use. However, it is possible to be said about more or less significant (now or/and before) tendencies of regional lingual development. These tendencies has not got the status of a structural (= constitutional) lingual regularity. As a rule the wide and compact areas are characterized of some lingual facts (= lexemes), which illustrate the given transformations in the system of Belarusian dialects. Baltic influence upon the North-West Belarusian dialects grammar is detected on as the formal level so the structural one. And it is not noticeable at all times. The definite changes in the sphere of morphology and syntax can provoke different modifications in the other parts of a language system (word building, semantics). The results of this process are the evidences of ethnic and language assimilation of native Balts by Slavs in the region. That comes in support of forming the singular North-West Belarusian regiolect (= the regionally marked variety of a dialect language). Балтийские грамматические элементы в говорах северо-западной БеларусиВ статье анализируется ряд грамматических черт, характерных для говоров северо-западной диалектной зоны беларусского языка. Эти особенности квалифицируются автором как весьма вероятное следствие славяно-балтского языкового взаимодействия в соответствующем регионе. Отдельные явления есть основания рассматривать в качестве возможного проявления балтского (главным образом (пра-) литовского) субстрата в северо-западных беларусских говорах. Фактор ареальной смежности здесь также должен быть принят во внимание. В связи с последним следует упомянуть и действие феномена языковой поддержки. Многие соответствующие языковые факты имеют существенные ограничения в употреблении, в говорах выступают не всегда последовательно и регулярно. В некоторых случаях, однако, можно говорить о действии более или менее выраженных (в настоящем и/или прошлом) тенденций регионального языкового развития, которые пока не приобрели статус структурно значимой (= конститутивной) языковой закономерности. Широкие и компактные ареалы образуют, как правило, лишь отдельные языковые факты (= лексемы), иллюстрирующие данные трансформации в системе традиционных беларусских говоров. Балтское влияние на грамматический строй беларусских говоров северо-западной диалектной зоны выявляется как в плане формального выражения, так и на внутриструктурном уровне. Оно не всегда может быть заметно на первый взгляд. Определенные сдвиги в сфере морфологии и синтаксиса могут повлечь за собой изменения в других областях языковой системы (словообразовании, семантике). Результаты этого процесса являются ярким свидетельством того, что на отмеченной территории действительно имела место этноязыковая ассимиляция неславянского (= балтского) населения и происхо- дило формирование своеобразного северо-западного беларусского региолекта (= регионально обусловленной разновидности диалектной речи).

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

HOAX DALAM TINJAUAN HADITS NABAWI

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 147-179
Author(s):  
Ali Musri Semjan Putra
Keyword(s):  
Social Media ◽  
Business Education ◽  
Sex Trafficking ◽  
Islamic Law ◽  
The Other ◽  
The World ◽  
Information Media ◽  
Severe Punishment ◽  
The Many ◽  
The Right

Among the proofs of the greatness of God's power in the millennium is the emergence of various kinds of information media that are very helpful for ease in various matters. The convenience covers various fields of affairs, not just in the form of sharing information but has penetrated into the fields of business, education, da'wah and so on.Besides the many positive sides of social media, on the other hand social media is also a vehicle for various negative actions, such as hoaxes, fighting, sex trafficking, drug sales and so on. So this study tries to examine the nabawi hadiths relating to things that must be heeded in social media, specifically those related to hoaxes, with the induction approach using qualitative analysis. The purpose of the research is to provide insight to the community in using social media so that there is no violation of religious teachings or legislation when integrating on social media. As well as being a wrong solution in tackling and minimizing various forms of irregularities and violations that occur in the community in social media, both offenders in the form of crimes of intimidation, provocation, fraud, counterfeiting and so on, are spurred from hoax news.The conclusion of this study is that making or spreading hoaxes is an act that is strictly prohibited and prohibited in the nabawi hadiths which are the second source of law in Islamic law after the noble Qur'an. The culprit has the right to be punished in the world in a criminal manner or get a severe punishment in the hereafter, according to the effects and headlines of the lies he did.

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