scholarly journals Pre-Marriage Pregnancy in Islamic Law Compilation

2020 ◽  
Vol 2 (2) ◽  
pp. 18-32
Author(s):  
Erma Wulandari ◽  
Hilal Malarangan ◽  
Ermawati Ermawati
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Pregnant Woman ◽  
Literature Review ◽  
Qualitative Method ◽  
Islamic Law ◽  
Theory Approach ◽  
The Status ◽  
Grounded Theory Approach ◽  
Legal Marriage

The aim of this paper is to discuss pre-marriage pregnancy in Islamic Law Compilation. This study is literature review research with qualitative method. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The results showed that the formulation of article 53 paragraph (1), of the Islamic Law Compilation, a pregnant woman can be married with the man who impregnated her. And article 53 provides a solution for pregnant women who are married to men who impregnate them. While in relation to the status of child, it is considered legal because there has been a legal marriage; however, in the sharia, the status of child is still debated. Regarding the issue of which opinion is used, it can be seen from which opinion is greater for the benefit of society.

scholarly journals The Concept of A Marriage Agreement in the Compilation of Islamic Law

2020 ◽  
Vol 2 (2) ◽  
pp. 33-45
Author(s):  
Haerunnisa Yunus ◽  
Rusli Rusli ◽  
Abidin Abidin
Keyword(s):  
Content Analysis ◽  
Grounded Theory ◽  
Data Analysis ◽  
Literature Review ◽  
Qualitative Methods ◽  
Islamic Law ◽  
Legal Action ◽  
Theory Approach ◽  
Grounded Theory Approach ◽  
Legal Consequences

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The  data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.

scholarly journals Analisis Konsep Kawin Hamil pada Film Dua Garis Biru Perspektif Hukum Positif Indonesia dan Hukum Islam

2020 ◽  
Vol 1 (1) ◽  
pp. 8-16
Author(s):  
Emiliya Ehsaniyah
Keyword(s):  
Pregnant Woman ◽  
Pregnant Women ◽  
Islamic Law ◽  
Free Association ◽  
Men And Women ◽  
Positive Law ◽  
The Status ◽  
Legal Marriage ◽  
In Pregnancy ◽  
Husband And Wife

Nowadays, there are many cases of marriage for pregnant women, this is one of the effects of too free association between men and women. The phenomenon of pregnant marriage as a result of promiscuity among adolescents is reflected in the film Two Blue Lines. In Islamic law, people who engage in husband and wife relations outside of a legal marriage are punished as adultery. If the adultery results in pregnancy and marriage, the priests of the Madzhab have different opinions regarding the validity of the marriage and also the status of the child in the womb. Whereas in positive law (Marriage Law and KHI), the marriage of a pregnant woman is legal and the status of the child who is born later is categorized as a legal child. The purpose of this study was to determine and analyze the concept of pregnant marriage contained in the scenes of the film Dua Lines Biru to be analyzed using Law No.1 of 1974 concerning Marriage, Islamic Law, and Compilation of Islamic Law.

scholarly journals Jointly acquired property of a working wife: A legal analysis from 'Urf perspective

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Masyitah Mohd Zainon ◽  
Marina Abu Bakar ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Nur Sarah Tajul Urus ◽  
Mus’ab Mohd Yusoff ◽  
...  
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Qualitative Study ◽  
Private Property ◽  
Islamic Law ◽  
Family Law ◽  
Legal Analysis ◽  
The Status ◽  
Descriptive Approach

In Malaysia, jointly acquired property has been recognized due to divorce, polygamy, or death. Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides the jurisdiction of Court in division of jointly acquired property. Disputes arose between Muslim’s scholars on the status of property of a working wife whether it can be regarded as a private property or jointly acquired property.  Nowadays, it seems that the domestic contributions for a living are attributed to the property of the working wife. These contributions include the purchase of house, car, and expenses in upbringing the children. Therefore, the objective of this study is to identify the classification of property of the working wives and the condition of jointly acquired property that can be claimed by the husband from Islamic perspective and subsequently analyse the custom recognition on it. This study is a qualitative study in which data is collected from Islamic law books and legal sources. Data analysis completed by applying content analysis methods through a descriptive approach. The findings indicated that the custom (‘urf) recognized the classification of property of a wife to be accepted as jointly acquired property.

scholarly journals STIGMA SOSIAL DAN DISKRIMINASI TERHADAP PENDERITA COVID-19: Sebuah Tinjauan Perspektif Maqashid Syari’ah

2021 ◽  
Vol 20 (2) ◽  
pp. 250-265
Author(s):  
Miftah Rosadi ◽  
Muhammad Ngizzul Ngizzul Muttaqin
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Online News ◽  
Stigma And Discrimination ◽  
Essential Value ◽  
Corona Virus ◽  
Research Show

As a country affected by the spread of the corona virus (COVID-19), Indonesia is experiencing an increase in cases every day. This raises the fear for the sake of public fear of this virus increasing. The practice of this fear has led to a negative stigma to discrimination against patients and sufferers of corona (COVID-19). This Study uses a qualitative method by taking data through documentation of several online news with data analysis using content analysis. This study will reveal the phenomenon of discrimination against sufferers of COVID-19 in the perspective of maqashid shari’ah. the findings in this research show that the attitude of giving a negative stigma and discrimination against corona sufferers (COVID-19) is an attitude that is opposed to the manifestation of maslahah which is an essential value of Islamic law, namely maqashid shari’ah. Keywords: Negative Stigma, Discrimination, COVID-19, Maqashid Shari’ah.

scholarly journals Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur

Jurnal Fiqh ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 315-344
Author(s):  
Mohd Zainudin Wan Yusoff ◽  
Nurulhuda Ahmad Zaki ◽  
Luqman Abdullah
Keyword(s):  
Content Analysis ◽  
Literature Review ◽  
Qualitative Method ◽  
Islamic Law ◽  
Civil Law ◽  
Distribution Method ◽  
The Public ◽  
Analysis Design ◽  
The Dead ◽  
Property Inheritance

Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.

scholarly journals Method of Sharing Marriage Properties in the Religious Court, Palu

2020 ◽  
Vol 2 (2) ◽  
pp. 58-70
Author(s):  
Moh. Thariq Godal ◽  
Syarif Hasyim ◽  
Musyahidah Musyahidah
Keyword(s):  
Grounded Theory ◽  
Data Analysis ◽  
Qualitative Methods ◽  
Islamic Law ◽  
Theory Approach ◽  
Legal Principles ◽  
The Family ◽  
Grounded Theory Approach ◽  
Depth Interviews ◽  
Joint Property

The aim of this paper is to discusses Marriage properties method sharing  in the Religious Court of Palu City.  This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results of this study indicate that terminating the distribution of marital assets is sufficient to provide justice for the plaintiffs and defendants. Joint assets are divided in half for each party if under normal conditions, namely the husband provides support for the family and the wife takes care of the household. The division of joint assets based on contributions in marriage is one of the considerations by the judge in deciding joint property cases. This means that the sharing of joint assets does not refer to Article 97 of the Compilation of Islamic Law, namely that joint assets are divided in two for each party, but divided by 2/3 for the wife and 1/3 for the husband in certain cases (casuistik). Judges in the decision on the distribution of joint assets are still based on legal principles and norms.

Were Higher Education Institutions Communication Strategies Well Suited for the COVID-19 Pandemic?

2021 ◽  
Vol 10 (4) ◽  
pp. 1
Author(s):  
David Santandreu Calonge ◽  
Pablo Medina Aguerrebere ◽  
Patrik Hultberg ◽  
Melissa Connor
Keyword(s):  
Higher Education ◽  
Literature Review ◽  
Exploratory Study ◽  
Higher Education Institutions ◽  
Communication Strategies ◽  
Theory Approach ◽  
Review Of The Literature ◽  
Implementation Processes ◽  
External Communication ◽  
Grounded Theory Approach

The immediacy of the COVID-19 pandemic highlighted the sheer importance of internal and external communication with stakeholders. Universities had to rapidly grasp an unfolding and fast-changing crisis, gauge their level of preparedness, review decision and implementation processes, devise strategies, and adapt communication approaches. This exploratory study conducts a literature review in order to identify relevant studies that address how higher education institutions communicated to their stakeholders during the COVID-19 pandemic. The review of the literature revealed that although many higher education institutions had disaster recovery plans in place, few were well-equipped for a disruption of global proportions. Using a grounded theory approach, five important themes emerged from the relevant studies.

scholarly journals The Concept of Tumbuk in Javanese Gamelan Tuning

2021 ◽  
Vol 16 (2) ◽  
pp. 105-116
Author(s):  
Harmanto Harmanto ◽  
Suyoto Suyoto ◽  
Jody Diamond
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Literature Review ◽  
Data Reduction ◽  
Qualitative Method ◽  
Data Presentation ◽  
Collection Data ◽  
Emic Perspective ◽  
The Relationship ◽  
Studio Work

This study aimed to reveal the concept of Tumbuk in Javanese gamelan tuning, namely gamêlan agêng with Sléndro and Pélog. This study used a qualitative method with an ethical emic perspective. The data collection was done by conducting literature review, observation, interviews, and studio work, then processed with data analysis. The data analysis then was followed up through data interaction by interpreting the relationship reactions of the three elements of analysis consisting of data collection, data reduction, and data presentation. The interpretation of the data was done inductively, so that the conclusion was drawn entirely from the development of the data according to the realities of the field. The results showed that tumbuk was not only limited to a note that has the same high and low, but it is a musical concept that integrates the Sléndro and Pélog scales in the tuning of a set of gamelans. There are basically only two types of tumbuk: nêm tumbuk and lima tumbuk. Other than those, it means that they are the strut. The thing is,tumbuk has a central tone that serves as a benchmark and a supporting tone whose position strengthens the integration of each type of tumbuk. As a concept, it was found that tumbuk plays several important roles including equalizing the highs and lows of certain notes, equalizing the range of certain notes, and conditioning the range of notes or the addition of the tune.

scholarly journals SYSTEMATIC LITERATURE REVIEWS (SLR) ANALYSIS ON NATIONAL TOURISM POLICY

2020 ◽  
Vol 5 (18) ◽  
pp. 122-132
Author(s):  
Madzli Harun ◽  
ZatulIffah Hussin ◽  
Khatijah Omar ◽  
Siti Falindah Padlee
Keyword(s):  
Content Analysis ◽  
Literature Review ◽  
Systematic Literature Review ◽  
Qualitative Method ◽  
Scientific Article ◽  
Priority Areas ◽  
Significant Element ◽  
Tourism Sector ◽  
Literature Reviews ◽  
Tourism Policy

The National Tourism Policy of Malaysia is known as the National Ecotourism Plan 2016-2025. It focuses on progressive and competitive tourism in the country by giving full thrust to appreciating a prosperous environment for stakeholders in the tourism sector. Hence the study of the systematic literature review focuses on several elements as the determinants of tourism policy namely Malaysia Tourism. Consequently, each of the previous study elements will explore the scope and dimensions functionality of each scientific article is consistently discussing to analyse the year in which the authors regularly publish their publications. This is to prove that a significant element of publication by the author. Meanwhile, the scope of the study by the author also risked the priority areas in each article by the authors of each element. It is important to prove that the scope supports the main headline of the paper which deals with the formulation of the National Tourism Policy. In fact, dimensions give priority to what they want to achieve in each article from the authors related to Tourism Policy. This paper reviews the Qualitative Method concept by referring to Content Analysis. As a result, it will illustrate that dimensions will be in sync with Tourism to achieve the national tourism policy aspirations.

scholarly journals Kajian Praktis Tentang Pola Asuh Orang Tua dalam Meningkatkan Minat Belajar Alkitab Anak Berdasarkan Amsal 22:6

2021 ◽  
Vol 2 (1) ◽  
pp. 67-84
Author(s):  
Dadan Wahyu ◽  
Rudolf Sagala ◽  
Stimson Hutagalung ◽  
Rolyana Fernia
Keyword(s):  
Data Collection ◽  
Qualitative Method ◽  
The Internet ◽  
Scientific Article ◽  
Theory Approach ◽  
The Bible ◽  
God's Word ◽  
Official Sources ◽  
Grounded Theory Approach ◽  
The Church

The objectives of this study are, first, to provide an explanation of the importance of parenting. Second, Provide guidance to parents in building spiritual children based on the book of Proverbs 22:6. The method that the researcher uses is a qualitative method with a grounded theory approach. Data collection techniques used: the Bible, books, official sources from the internet, and other articles related to the writing of this scientific article. The results of this study are, first, good parenting will encourage children to have an interest in reading the Bible regularly until their old age. Second, so that parents can understand properly and correctly the meaning of the advice written in the book of Proverbs 22:6 in raising their children. That is why parents and the Church from the beginning have played a role in the protection and maintenance of their lives, so that they know the way of truth through God's word every day, so that they become strong individuals in the future, strong in their faith, and fearing God to make life a blessing or meaning to others.

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