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

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

2020 ◽  
Vol 2 (2) ◽  
pp. 106-117
Author(s):  
Siti Rabiah Rumadaul
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Islamic Law ◽  
Biological Father ◽  
Positive Law ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
The Government ◽  
Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

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 Pandangan Hukum Islam Terhadap Istri Sebagai Penanggung Jawab Keluarga (Studi Kasus di Kec. Kute Panang Kab. Aceh Tengah)

2020 ◽  
Vol 20 (2) ◽  
pp. 202
Author(s):  
Mursyid Djawas ◽  
Nida Hani
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Problem Formulation ◽  
Family Responsibilities ◽  
Library Research ◽  
The Family ◽  
Child Education ◽  
Marriage Contract

Abstrak: Agama mewajibkan suami memberi nafkah kepada istri dengan adanya ikatan perkawinan yang sah. Setelah akad nikah, maka suami wajib memberikan nafkah kepada istrinya paling kurang kebutuhan pokok sehari-hari. Kenyataannya ada beberapa istri yang menjadi penanggung jawab  keluarganya. di Kecamatan Kute Panang Kabupaten Aceh Tengah istri lebih berperan dalam memenuhi keperluan  rumah tangga, pendidikan anak, kebutuhan anak. Ada beberapa istri yang berprofesi sebagai ibu rumah tangga juga berprofesi sebagai petani, guru dan lainnya. Rumusan masalah dalam skripsi ini adalah bagaimana peran istri sebagai penanggung jawab keluarga, apa yang melatar belakangi istri menjadi penanggung jawab keluarga dan bagaimana pandangan hukum Islam terhadap istri sebagai penanggung jawab keluarga. Dalam penelitian ini penulis menggunakan metode penelitian kualitatif dengan menggunakan metode analisis deskriptif.Teknik pengumpulan data yang digunakan dalam penulisan skripsi ini yaitu dengan wawancara, dokumentasi dan angket, serta penelitian perpustakaan (library research), untuk melengkapi data sekunder yang dibutuhkan dalam penelitian ini. Hasil penelitian menunjukkan istri mencari nafkah sebanyak 97% dan istri berperan penuh sebagai penanggung jawab keluarga 42% responden menjawab menyetujui. Adapun yang melatarbelakangi istri menjadi penanggung jawab keluarga ialah: suami tidak mempunyai pekerjaan sama sekali, pendapatan suami yang terbatas, tidak memiliki suami (suami meninggal dunia/ bercerai), istri senang bekerja di luar rumah, meringankan beban suami, jenjang pendidikan istri lebih baik. Islam membolehkan kepada ibu rumah tangga untuk bekerja baik di rumahnya sendiri mau pun diluar rumah, agar mendapatkan dana tambahan untuk meningkatkan kesejahteraan rumah tangga.Abstract:  religion requires husbands to provide their wives with legitimate marital bonds. After the marriage contract, the husband is obliged to make a living to his wife at least the daily necessities. Some wives are in charge of their families. In Kecamatan Kute Panang District Aceh Tengah The wife is more instrumental in fulfilling household needs, child education, children's needs. Some wives work as housewives as well as farmers, teachers, and others. The problem formulation in this thesis is how the role of the wife as the family responsibilities, what is behind the wife to be the responsibility of the family and how the view of Islamic law on the wife as the responsibility of the family. In this research, the authors use qualitative research methods using a descriptive analysis method. The data collection techniques used in the writing of this thesis are interviews, documentation, and polls, as well as library research, to complement the secondary data needed in this study. The results showed the wife to make a living as much as 97% and the wife played a full role as the family responsibility of 42% of respondents answered approve. The person who is behind the wife of the family is the responsibility: the husband has no job at all, husband's limited income, no husband (husband dies/divorced), wife happy to work outdoors, relieve husband's burden, the education level of the wife is better. Islam allows the housewives to work both in his own home or outdoors, to obtain additional funds to improve the welfare of the household. 

scholarly journals Hukum Menikahi Wanita Hamil Karena Zina Menurut Pandangan Imam Syafi’i dan Diimplimentasikan di Kantor Urusan Agama Tanjung Pura

2020 ◽  
Vol 2 (2) ◽  
pp. 243-252
Author(s):  
Suaib Lubis ◽  
Muhammad Idrus
Keyword(s):  
Pregnant Woman ◽  
Pregnant Women ◽  
Research Data ◽  
Biological Father ◽  
Legal Relationship ◽  
Library Research ◽  
Marriage Contract ◽  
The Law ◽  
Extramarital Relationship ◽  
Legal Consequences

This study discusses the main problem, namely about how Imam Syafi'i thought about the law of marrying pregnant women because of adultery, and how the legal consequences arising from his thoughts. The method used in collecting data is library research, while the research data is doctrinal. The approach used is the ushul fiqh approach, which is to explain the opinions and arguments of Imam Syafi'i about the law of marrying pregnant women because of adultery. With the above method, it can be seen the reasons for Imam Shafi'i in his thinking about the law of marrying a pregnant woman because of adultery. Imam Shafi'i is of the opinion that a woman who becomes pregnant as a result of an extramarital relationship can be married by anyone. Be it by men who experienced it or by men who did not impregnate her. Imam Syafi'i argues that children resulting from adultery do not have musharah with their biological father. Regarding the issue of 'iddah, Imam Shafi'i is of the opinion that pregnant women due to extramarital relations do not have an 'iddah period. This is because the purpose of 'iddah is to respect the sperm or fetus contained in the woman (which is channeled through a legal relationship). While adultery is a relationship that is unlawful and illegitimate, therefore the sperm or fetus from the result of adultery is not obligatory to be respected. For this reason, Imam Shafi'i also argues that if women who are pregnant out of wedlock have performed a valid marriage contract, then they are allowed to have biological relations without having to wait for the birth of the baby they are carrying. Keywords: Law; Marrying a Pregnant Woman for Adultery; Imam Shafi'i's view

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary 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.

scholarly journals THE EXISTENCE OF EQUALITY EDUCATION SYSTEM IN PESANTREN SALAFIYAH

2021 ◽  
Vol 1 (2) ◽  
pp. 144
Author(s):  
Asrizal Saiin
Keyword(s):  
Data Analysis ◽  
Descriptive Analysis ◽  
Islamic Education ◽  
Research Approach ◽  
Analysis Method ◽  
Modern Education ◽  
Library Research ◽  
Approach Method ◽  
The Subject ◽  
The Impact

The study in this manuscript discusses the impact on the educational equalization system of Pesantren Salafiyah and designs how Pesantren Salafiyah has always existed in the world of modern education. This research belongs to the type of qualitative study using the document analysis method. The form of data analysis used is descriptive analysis. The research approach method in this paper is library research. This study is divided into four methods, namely, the method of determining the subject, the form of the study, the method of data collection, and the method of data analysis. The result is the ability of Pesantren Salafiyah to make certain accommodations and concessions to find a pattern that they consider appropriate enough to face modernization and changes that are increasingly fast and have a broad impact without sacrificing the essence and other basic things in the existence of the pesantren, so that Pesantren Salafiyah still exists in the midst of the hustle and bustle of modernizing Islamic education

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

Sign in / Sign up

Export Citation Format

Share Document