Analisis Hukum Islam terhadap Harta Bersama dalam Kompilasi Hukum Islam

Abstract:The joint asset in marriage is a legal product that may be appropriate or not in accordance with the principles of Islamic law, KHI is structured as referring to several legal sources: Islamic law, Western law, customary law, national law. Shared property as one of KHI's substance needs to be traced to the extent of its consistency on Islamic law. From the background above the problem is obtained, How is legislation under Islamic law? How are the treasures together in KHI according to Islamic law? The purpose of research is to know about legislation according to Islamic law, To know the joint treasures in KHI according to Islamic law legislation. The research methods used are library studies. This type of research is qualitative research. Results of the study: Legislation of Islamic law is the benchmark or reference to enforce a rule according to Islamic shariah, The joint treasures in KHI conform to the principles of legislation of Islamic law which contains principles of deity, justice, equality, deliberation, freedom, amar Ma'ruf nahi munkar, tolerance, and Ta'awunKeywords: mutual property, Islamic law, legislation, KHIAbstrak:Harta bersama dalam perkawinan merupakan produk hukum yang bersifat ijtihadi yang mungkin sesuai atau tidak sesuai dengan asas-asas legislasi Hukum Islam, KHI disusun merujuk kepada beberapa sumber hukum: Hukum islam, Hukum Barat, Hukum Adat, Hukum Nasional. Harta Bersama sebagai salah satu substansi KHI perlu ditelusuri sejauh mana kekonsistensinya terhadap hukum islam Dari latar belakang di atas didapatkan rumusan masalah: Bagaimana legislasi menurut hukum islam? Bagaimana harta bersama dalam KHI menurut legislasi hukum islam? Tujuan penelitian yaitu untuk mengetahui tentang legislasi menurut Hukum Islam, untuk mengetahui Harta Bersama dalam KHI menurut legislasi hukum islam. Metode penelitian yang digunakan adalah studi pustaka. jenis penelitian ini adalah penelitian kualitatif. Hasil penelitian: legislasi hukum islam adalah tolak ukur atau acuan untuk memberlakukan suatu aturan menurut Syariat Islam, Harta Bersama dalam KHI sesuai dengan asas-asas legislasi Hukum Islam yaitu memuat asas ketuhanan, keadilan, persamaan, musyawarah, kebebasan, amar ma’ruf nahi munkar, toleransi, dan ta’awun Kata kunci : Harta Bersama, Hukum Islam, Legislasi, KHI

Download Full-text

TINJAUAN HUKUM ISLAM TERHADAP PROSESI SESERAHAN DALAM PERNIKAHAN ADAT BETAWI

Mozaic : Islam Nusantara ◽

10.47776/mozaic.v5i2.141 ◽

2019 ◽

Vol 5 (2) ◽

pp. 103-130

Author(s):

Syarifudin Syarifudin ◽

M.Mujib Qalyubi ◽

Irfan Hasanudin

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Research Methods ◽

Islamic Law ◽

Qualitative Research Methods ◽

Customary Law ◽

Model Data ◽

Legal Research ◽

Ethnographic Approach ◽

Traditional Marriage

This study aims to find out how the procession of surrender in traditional Betawi marriage and how a review of Islamic law against it. Is there a proposition that prohibits / forbids it or is required. This research was conducted in the area of South Kedoya Village, Kebon Jeruk District, City. West Jakarta.This research is a legal research that uses qualitative research methods with an ethnographic approach and is descriptive in nature. In extracting information, researchers use observation and interview techniques. Researchers used the snowball technique so that the information obtained could go as far as possible into Betawi cultural customs. Researchers position themselves as research instruments themselves so that the information obtained can reach its roots. The data analysis used is the Miles and Huberman model data analysis, which is interactive and continues until the data is saturated. In this study, researchers found a philosophical, sociological and ideological foundation that was embedded in the culture of Betawi marriage customary marriage. Researchers also found the arguments underlying the implementation of these surrender activities. The evidence is sourced from the Qur'an, Hadith and Ijma 'and Qiyas of the scholars'. This research concludes that the culture of seserah in Betawi traditional marriage has a philosophical and ideological foundation that has been firmly embedded in the Betawi community in the South Kedoya region. So that this surrender event becomes mandatory for people who want to marry Betawi people. whereas according to Islamic law, basically customary law is mubah (allowed). But it can become mandatory

Download Full-text

Tradition of Hileyiya: The Interaction Between Religion and Traditions in Gorontalo in Sociology of Islamic Law Perspective

Analisa Journal of Social Science and Religion ◽

10.18784/analisa.v22i1.141 ◽

2015 ◽

Vol 22 (1) ◽

pp. 57

Author(s):

Rizal Darwis

Keyword(s):

Qualitative Research ◽

Islamic Law ◽

Customary Law ◽

Religious Law ◽

Review Finding ◽

The Dead ◽

Western Law ◽

Document Review ◽

Funeral Ceremony ◽

Descriptive Qualitative

Interaction between tradition and religion in Indonesia cannot be denied. Historically, the development of national law was based on three difference laws: customary law, western law (particularly Dutch law), and Islamic law. This affects on the acceptance of the tradition that does not contradict with the religious law. This paper examines the tradition of hileyiya or funeral ceremony which is prominent among Gorontalo’s society from the sociology of Islamic law perspective. It is a descriptive qualitative research and the data was collected using observation, interviews, and document review. Finding of this study revealed that tradition of hileyiya consisting of the reciting of the Qur’an, tahlil, tahmid, shalawat and dzikir has become a legacy for Gorontalo’s society. In the sociology of Islamic law perspective, this practice provides various benefits to the dead family and the visitors. For instance, the benefits of reciting the Qur’an believed can be passed on to the dead, serve to tranquil the dead family, and remind people about the death. It can be regarded as al-urf-shahih (and it was legitimized by the basis of Islamic law as al-adat al-muhakkamah (customs can be law).

Download Full-text

Marriage Properties Sharing Based on Islamic Law

INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY ◽

10.24239/ijcils.vol3.iss1.29 ◽

2021 ◽

Vol 3 (1) ◽

pp. 68-92

Author(s):

Sudirman A. Dg. Mataro ◽

M. Taufan B ◽

Ermawati Ermawati

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Research Methods ◽

Data Reduction ◽

Islamic Law ◽

Data Presentation ◽

Analysis Technique ◽

Shared Property ◽

Joint Property

The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.

Download Full-text

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

MAGHZA Jurnal Ilmu Al-Qur an dan Tafsir ◽

10.24090/maghza.v1i2.739 ◽

2016 ◽

Vol 1 (2) ◽

pp. 35-50

Author(s):

Makrum Makrum

Keyword(s):

Qualitative Research ◽

Islamic Law ◽

Qualitative Approach ◽

Comprehensive Understanding ◽

Research Results ◽

Library Research ◽

Difference Of Opinion ◽

Controversial Problem ◽

The Difference ◽

Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

Download Full-text

Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano

History in Africa ◽

10.1353/hia.2010.0002 ◽

2009 ◽

Vol 36 ◽

pp. 17-52

Author(s):

Philip Atsu Afeadie

Keyword(s):

Rule Of Law ◽

Islamic Law ◽

Customary Law ◽

Religious Leader ◽

Political Agent ◽

Judicial Administration ◽

Western Law ◽

Political Agents ◽

Productive Systems ◽

Colonial Government

Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.

Download Full-text

STRATEGI PENGUATAN PENDIDIKAN AGAMA PADA SEKOLAH ISLAM TERPADU

Paedagogia: Jurnal Pendidikan ◽

10.24239/pdg.vol8.iss1.10 ◽

2019 ◽

Vol 8 (1) ◽

pp. 55-76

Author(s):

Jihan

Keyword(s):

Qualitative Research ◽

Elementary School ◽

Research Methods ◽

Religious Education ◽

Integrated Curriculum ◽

Qualitative Research Methods ◽

Learning Activities ◽

Research Results ◽

Islamic Values

This study discusses the strategy of strengthening religious education in Qurrota A'yun Islamic Elementary School (SDIT) in Marawola Subdistrict, Sigi Regency, with the problem is how the model of religious education learning in Qurrota A'yun Islamic Elementary School (SDIT) in Marawola Subdistrict, Sigi Regency. What is the strategy of strengthening religious education in the Integrated Islamic Elementary School (SDIT) Qurrota A’yun Marawola District Sigi Regency ?. This study used qualitative research methods. The research results are a model of religious education learning in SDIT Qurrota A’yun is to implement an integrated curriculum, namely between religious and general subjects, where the curriculum is designed by integrating Islamic values in learning activities. While the strategy of strengthening religious education at SDIT Qurrota A’yun was carried out in two activities namely learning and habituation. Learning activities are carried out through curricular learning and extracurricular learning.

Download Full-text

Inside the Black Box: Revealing the Process in Applying a Grounded Theory Analysis

The Qualitative Report ◽

10.46743/2160-3715/2012.1759 ◽

2015 ◽

Author(s):

Peter Rich

Keyword(s):

Qualitative Research ◽

Grounded Theory ◽

Research Methods ◽

Black Box ◽

Qualitative Research Methods ◽

Theory Analysis ◽

Research Results ◽

Rich Description ◽

Methodological Procedures ◽

Insight Into

Qualitative research methods have long set an example of rich description, in which data and researchers’ hermeneutics work together to inform readers of findings in specific contexts. Among published works, insight into the analytical process is most often represented in the form of methodological propositions or research results. This paper presents a third type of qualitative report, one in which the researcher’s process of coding, finding themes, and arriving at findings is the focus. Grounded theory analysis methods were applied to the interpretation of a single interview. The resulting document provides a narrative of the process one researcher followed when attempting to apply recommended methodological procedures to a single interview, providing a peek inside the black box of analysis often left unopened in final reports.

Download Full-text

POLEMIK PEMBERIAN HARTA WARIS MELALUI WASIAT KEPADA ANAK ANGKAT

Asy-Syari ah ◽

10.15575/as.v16i2.632 ◽

2014 ◽

Vol 16 (2) ◽

Author(s):

Habiburrahman Habiburrahman

Keyword(s):

Islamic Law ◽

Customary Law ◽

Foster Child ◽

The Law ◽

Western Law ◽

Paper Author ◽

Laws And Regulations

This paper describes the polemic of the distribution of waris for foster child in the study of Islamic law and the laws and regulations in Indonesia. The distribution of estate to foster child was regulated in article 209 in the Compilation of Islamic Law (KHI). Thus, this is a signal that the influence of customary law and Western law had entered in KHI . Therefore, by this paper, Author would like to emphasize that the distribution of waris to the foster child by using the concept of wasiat wajibah in KHI is wrong. It is not based on the shari'ah (qath‘iy al-dilâlah), but rather based on logic of the law and humanitarian considerations, and it is zhanniy al-dilâlah. Thus, author sure that the distribution of waris by one third (1/3) of estate to the foster child by using the concept of wasiat wajibah is an erroneous ijtihad, cotradiction with the texts, and could be detrimental to the main heirs.

Download Full-text

MONUMENT STATUE STUDY OF NANI WARTABONE STRUGGLE THROUGH BACKGROUND AND ITS VISUALIZATION

ARTic ◽

10.34010/artic.2019.4.2456.193-201 ◽

2019 ◽

Vol 4 ◽

pp. 193-201

Author(s):

Muhammad Isla

Keyword(s):

Qualitative Research ◽

Research Methods ◽

Qualitative Research Methods ◽

Historical Background ◽

Research Results ◽

Left Hand ◽

The Public ◽

The People ◽

The Right ◽

Descriptive Qualitative

This study aims to find out how to study the Nani Wartabone statue in terms of visuals, to provide knowledge to the people of Gorontalo the meaning of the Nani Wartabone statue and to describe the background study and visualization of the Tilongolo Nani Wartabone monument statue. This research was written using descriptive qualitative research methods, the authors observed in detail the background and visualization of the Tilongolo Nani Wartabone monument, the results of this study allow the writer to know the historical background of the Tilongolo Nani Wartabone monument statue and the writer can also know the visual meaning of the Tilongolo Monument statue Nani Wartabone. The research results obtained by the author are quite good because there are two sources who are quite helpful in the process of writing this research, the conclusion or the final result of this study is that the writer and the public can find out the background of the Nani Wartabone statue made to commemorate his services in fighting the invaders and the meaning of the visualization of the statue of the struggle of Nani Wartabone, namely: (1) The pointing hand has a meaning, namely his birthplace, Bube Village, Suwawa District, Bone Bolango Regency, Gorontalo Province; (2) Bayonet in the left pocket is made by Suwawa which has the mystical power to protect Nani Wartabone in certain situations; (3) The pistol in the right pocket is used as a helper for the main weapon in the left hand of Nani Wartabone; (4) The weapon in the left hand of Nani Wartabone is a long rifle (hunting rifle) that can be used on the battlefield; (5) The Safari uniform used by Nani Wartabone has patriotic meaning and strength; and (6) Base of 2 and the curve of base of 3 represents the number 23 celebrated as patriotic day by the people of Gorontalo.

Download Full-text

Etika komunikasi Islam mahasiswa organisasi PMII (Pergerakan Mahasiswa Islam Indonesia) dalam menangkal berita hoaks di Facebook

Islamic Communication Journal ◽

10.21580/icj.2020.5.2.6100 ◽

2020 ◽

Vol 5 (2) ◽

pp. 155

Author(s):

Ila Khafia Wafda

Keyword(s):

Qualitative Research ◽

Social Media ◽

Research Methods ◽

Islamic Law ◽

Sampling Technique ◽

Student Organizations ◽

Qualitative Research Methods ◽

Communication Ethics ◽

Purposive Sampling ◽

Depth Interview

This study aims to see how Islamic communication ethics is in an effort to ward off hoax news on Facebook that hit students of the PMII. The reason is, the existence of hoax reporting on Facebook contradicts the vision of the PMII organization which is committed to being a forum for strengthening aqidah, morals, and creating a society like the Ummah. The research used qualitative research methods through in-depth interview approaches and observations of active students in the PMII organization uses a sampling technique based on purposive sampling technique. The results showed that students instilled communication ethics according to Islamic law in using Facebook social media, so steps need to be taken to communicate in accordance with Islamic teachings to avoid the rampant hoax news on Facebook to promote morals according to Islamic law refer to the example of the Prophet, p.b.u.h. That it is important for PMII student organizations to promote morals in accordance with Islamic law, and also apply communication ethics in accordance with Islamic law by promoting the principles of Islamic communication, namely: qawlan sadidan, qawlan balighan, qawlan maysura, qawlan layyina, qawlan karima, qawlan ma'rufa. So it is necessary to understand and apply Islamic communication ethics by students of the PMII organization so that it becomes the basis for accessing Facebook.

Download Full-text