scholarly journals PROSESI KHITBAH DI INDONESIA PERSPEKTIF LOCAL WISDOM DAN QAIDAH FIQH

2021 ◽  
Vol 14 (2) ◽  
pp. 383-400
Author(s):  
Mohammad Alfin Sulihkhodin
Keyword(s):  
Divorce Rate ◽  
Literature Study ◽  
The Family ◽  
The Future ◽  
The Law ◽  
Initial Process

In an initial process leading to marital ties is identical to the procession of the sermon as the delivery a serious will to get married. Where in general, the family of men first conveyed their intentions to the women. The implementation of sermon is considered important in order to avoid a regret in the future, considering the divorce rate is pretty much happening lately in Indonesia. This research was conducted in literature study, based on consideration of the provisions of the sermon in view of the local wisdom and qaidah fiqh. The procession of sermons in Indonesia as long as they dont conflict with the principles of fiqh and are of good value, the law is good and highly recommended to be implemented.

KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT)

2021 ◽  
Vol 1 (3) ◽  
pp. 101-120
Author(s):  
M Iqbal
Keyword(s):  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Coercive Power ◽  
Legal Certainty ◽  
The Family ◽  
The Future ◽  
The Law ◽  
Sense Of Justice

In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power which is regulated in Article 48 of the Criminal Code. However, the problem is that there is no formulation of coercion in the Criminal Code so that judges in deciding cases of murder due to coercion are only based on the judge's considerations and beliefs. Islamic law in comparing the existing arrangements in the Criminal Code is because Islam prioritizes protection and compensation charged to the perpetrator against the family of the murder victim, both intentional and unintentional murder. Meanwhile, the existing criminal policies in the Criminal Code have not met the principles of legal certainty and a sense of justice in society. The concept of Diyat is a welfare solution for the families of victims of murder by force, because this sanction provides benefits that can have an impact on the future. This is what is called maqshid sharia, where the law was created aiming to maintain 5 things, namely religion, reason, soul, lineage, and treasure. And the concept of diyat at least maintains 2 things, namely descent and treasure.

scholarly journals Introduction to Qiyas and Maslahah Mursalah and Its Application In The Future

2021 ◽  
Vol 12 (2) ◽  
pp. 241
Author(s):  
Remiswal Remiswal ◽  
Ayu Angraini ◽  
Asma Boti ◽  
Zerly Nazar
Keyword(s):  
Data Collection ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Literature Study ◽  
Collection Method ◽  
Data Collection Method ◽  
Legal Provisions ◽  
Human Goodness ◽  
The Future ◽  
The Law

<p><em>This paper discusses  qiyas and maslahah mursalah. The goal is to make it easier for us to establish a</em><em> </em><em>law. The data collection method that the writer uses is a literature study in the form of searching for books related to qiyas and  maslahah  mursalah. Qiyas In language (Arabic)</em><em> </em><em>means measuring,</em><em> </em><em>knowing the size of something,  comparing,</em><em> </em><em>or equating something with another. For example</em><em> </em><em> قمت اللوب بالنراع</em><em> </em><em>which means "I  measure  clothes  in cubits." According to Ushul</em><em> </em><em>Fiqh terminology, as stated by  Wahbah al-Zuhaili, qiyas is connecting or equating the Law of something with no legal provisions with legal provisions there is  Illat similarity between the two. The meaning of  Maslahah in  Arabic means</em><em> </em><em>"actions</em><em> </em><em>that encourage human goodness." This article uses the induction and deduction methods and the descriptive analysis approach by conducting a literature study.</em><em> </em><em>The</em><em> </em><em>result shows that</em><em> </em><em>Allah decreed all the laws to his servants in orders/prohibitions containing</em><em> </em><em>Maslahah and benefits. The specialty of this paper is that it is written in detail based on arguments so that it is easy to understand. Qiyas and maslahah mursalah are very important for us to understand more deeply to determine an appropriate law. Maslahan</em><em> </em><em>Mursalah is an extension of</em><em> </em><em>qiyas if there are no more arguments that can support  qiyas.</em></p><p>Artikel ini membahas tentang qiyas dan maslahah mursalah. Tujuannya untuk memudahkan dalam membuat undang-undang. Metode pengumpulan data yang digunakan adalah studi kepustakaan berupa pencarian kitab-kitab yang berhubungan dengan qiyas dan maslahah mursalah. Qiyas dalam bahasa (Arab) berarti mengukur, mengetahui ukuran sesuatu, membandingkan, atau menyamakan sesuatu dengan yang lain. Misalnya اللوب بالنراع yang artinya "Aku mengukur pakaian dalam hasta". Menurut istilah Ushulfiqh, sebagaimana dikemukakan oleh Wahbah al-Zuhaili, qiyas adalah menghubungkan atau menyamakan hukum sesuatu yang tidak ada ketentuan hukumnya dengan ketentuan hukumnya terdapat kesamaan illat antara keduanya. Arti Maslahah dalam bahasa Arab berarti “perbuatan -perbuatan yang mendorong kebaikan manusia”. Artikel ini menggunakan metode induksi dan deduksi serta pendekatan analisis deskriptif dengan melakukan studi kepustakaan. Hasil penelitian ini menunjukkan bahwa Allah menetapkan segala hukum kepada hamba-hamba-Nya dalam perintah/larangan yang mengandung maslahah dan kemaslahatan. Keistimewaan makalah ini adalah penulisannya secara detail berdasarkan argumentasi sehingga mudah dipahami. Qiyas dan Maslahah Mursalah sangat penting untuk dipahami lebih dalam untuk menentukan hukum yang tepat. Maslahan Mursalah merupakan perpanjangan dari qiyas jika tidak ada lagi dalil yang dapat mendukung qiyas.</p><p><em><br /></em></p>

scholarly journals Legal Protection for Buyers in Buying and Selling with Counterfeit Certificate Object

2021 ◽  
Vol 8 (2) ◽  
pp. 136-144
Author(s):  
Putu Satria Fajar Purwanta ◽  
I Made Suwitra ◽  
Ketut Kasta Arya Wijaya
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Good Faith ◽  
Literature Study ◽  
Legal Research ◽  
Criminal Sanctions ◽  
The Future ◽  
Legal Uncertainty ◽  
The Law

The lack of precision between the buyer and the land deed official is a factor in the emergence of the uncertainty of the law against the certificate issue. In addition, the seller also intentionally does not notify that there is a defect in the certificate that causes the buyer to suffer a loss. It needs the protection of the buyer acting in good faith so that in the future no longer appears dispute regarding the certificate of a double or false which is used as the object of buying and selling. This study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object. The method used in this study is normative legal research. In addition, the legal materials are obtained by using a literature study. The results of this study showed that the transfer of rights over the counterfeit certificate object causes legal uncertainty because there is a violation of article 1320 of the Civil Code, namely the agreement and skills that can be requested for cancellation, the form of the legal protection of the buyer acting in good faith in the form of protection repressive where such protection can be provided in the form of criminal sanctions, administrative and civil to the seller.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

The Disruption Of Family In Manju Kapur’s Custody

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 880-885
Author(s):  
K.P. Bhavatharini ◽  
Ms Dr. Anita Albert
Keyword(s):  
Marital Relationship ◽  
Modern Life ◽  
The Real ◽  
Law System ◽  
Metropolitan Cities ◽  
Take Back ◽  
The Family ◽  
Female Protagonist ◽  
The Future ◽  
Key Aspects

Manju Kapur exposes the disparity and how modernity plays a major role in our society and also the hollowness modern life through her novel Custody. The present paper deals with the key aspects of custody, like extra marital affair, exploration of children and the law system of India. Manju Kapur has published five novels and all her novels dealt with postmodern era, which became sensational in the literary world. She talks about the life of people in Metropolitan cities and how it changes the attitude of theirs and makes them to be victims of modernity through her novel Custody. She manages to disclose the atmosphere which revolves around the family and how it destroys their peace. Here the author portrays how her female protagonist goes to an extent to fulfill her need even breaking her marital relationship with her husband and lack of concern with her children. She portrays the unimaginable incident of broken marriage and illustrates how it causes their children to yearning for their custody from their parents. The children are mentally affected because of the conflict between their egoistic parents to take back their custody only to win the battle not having the real concern over the future of their children. The author manages to create an excellent atmosphere that reveals the various disasters roaming around the family. The future of the children is also hazard. This novel proves that Manju Kapur is a great curator of the modern Indian family.

The Family of the Future: The Australian Teenage View

1981 ◽  
Vol 12 (4) ◽  
pp. 461-474 ◽  
Author(s):  
Jerzy Krupinski
Keyword(s):  
The Family ◽  
The Future

How the Interests of Children Limit the Religious Freedom of Parents

2017 ◽  
Author(s):  
Daniel M. Weinstock
Keyword(s):  
Religious Freedom ◽  
Family Context ◽  
The Family ◽  
The Future

This chapter argues that parents have a right to raise their children according to the tenets of the religions that they profess. That right can be seen as grounded in the interest that children have in enjoying the kind of intimacy within the family context that is facilitated by participation in practices and rituals rooted in comprehensive conceptions of the good. It also argues, however, that children have a right to be raised in a manner that does not foreclose their future autonomy. These two rights can be reconciled if we distinguish acceptable and unacceptably asymmetrical upbringings. Parents can incline their children toward certain values and practices in accordance with their comprehensive conceptions, on condition that they also provide children with the conditions that will allow them to make autonomous decisions in the future.

The Family, the Law and the State

Living ◽  
1940 ◽  
Vol 2 (1) ◽  
pp. 20
Author(s):  
Max Rheinstein
Keyword(s):  
The State ◽  
The Family ◽  
The Law
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