scholarly journals THE STATUS AND RIGHTS OF AN ILLEGITIMATE CHILD ACCORDING TO MAZHAB ASY-SYAFI'I PERSPECTIVE ON THE DEVELOPMENT OF ISLAMIC FAMILY LAW IN INDONESIA

2019 ◽  
Vol 17 (2) ◽  
pp. 121
Author(s):  
Nur Shadiq Sandimula
Keyword(s):  
Social Interaction ◽  
Family Law ◽  
Descriptive Analysis ◽  
Analysis Method ◽  
Biological Father ◽  
Library Research ◽  
Illegitimate Child ◽  
The Status ◽  
To Receive ◽  
Grave Danger

The problem of free social interaction brings a grave danger to society which is involved the sexual act out of wedlock which is known as fornication (zina) and causes a harming impact on their offspring psychologically, socially and religiously in the society. This paper is trying to analyze the perspective of an order of Shafi'i on the statuses and the rights of an illegitimate child. Based on library research, this research used a descriptive analysis method to derive the data and information from primary classical textbooks of mazhab Shafi'i. The result of this research shows that according to mazhab Shafi'i, a child who was born under six months after intercourse with her legal husband is believed to be an illegitimate child of another man. The children are not related to his/her biological father and the status of the child for his / her father is an ajnabiyya (non-mahram). If the child is a girl, her biological father is fully permissible to marry her. In the conclusion, the child is not related to his / her biological father and does not have any rights from his/her biological father whether a right to receive household expenses, a guardianship for marriage, and rights of inheritance.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals PERENCANAAN PERKERASAN PARALEL TAXIWAY SELATAN DI BANDAR UDARA INTERNASIONAL I GUSTI NGURAH RAI - BALI

2019 ◽  
Vol 4 (4) ◽  
pp. 18-26
Author(s):  
Supriadi Supriadi ◽  
Abrian Amirullah ◽  
Nurani Hartatik
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Analysis Method ◽  
The South ◽  
International Airport ◽  
The North ◽  
The People ◽  
The Status ◽  
Operational Activities ◽  
To Receive

I Gusti Ngurah Rai International Airport, as it is known, is taken from the name of national hero I Gusti Ngurah Rai who is a very influential figure for the people of Bali Island. I Gusti Ngurah Rai International Airport currently has 11 taxiways which are divided into 9 taxiways on the North runway / North (2 parallel taxiways, 2 rapid exit taxiways, and 5 exit taxiways) and 2 taxiways on the South runway. This writing uses primary and secondary data which will be analyzed by descriptive analysis method. Descriptive analysis method is research that is intended to collect information about the status - the status of a symptom that exists, namely the state of symptoms according to what they were when the study was conducted. The author also uses the pavement design application in the form of FAARFIELD and COMFAA to support the research method used. Therefore, to be able to receive loads from aircraft passing through taxiways, it is necessary to calculate the planing of the pavement on the taxiways that will be built so that they are able to withstand the loads that will be received for flight safety and fulfill the age of the plan itself. The new taxiway parallel to the south of the runway needs to be built to support the operational activities of the annual IMF (International Monetary Fund) activities and taxiway overlaying in all North taxiways. In addition, it is expected to reduce the number of aircraft carrying out cross runways from the southern apron to the northern apron or to the northern taxiway parallel.

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 Kebijakan Penerbitan Kartu Identitas Anak di Kota Semarang

2019 ◽  
Vol 2 (2) ◽  
pp. 301-313
Author(s):  
Untung Sri Hardjanto
Keyword(s):  
Descriptive Analysis ◽  
City Government ◽  
Birth Certificates ◽  
Regional Government ◽  
Analysis Method ◽  
Library Research ◽  
Identity Card ◽  
Qualitative Descriptive ◽  
Identity Cards ◽  
Keywords Child

Abstract The study aims to determine the policy of publishing identity cards for children in Semarang. The method of approach taken in this study is normative juridical. Data collection is obtained from the results of interviews and through library research. The data analysis method used is a qualitative descriptive analysis method. The results showed that the Regional Government of Semarang City in carrying out KIA issuance made PERDA No.4 of 2016, but its implementation was in 2017. Delay in the implementation of MCH due to the lack of coverage of ownership of birth certificates for children. The preparations made by the Semarang City Government in the context of the implementation of the MCH in 2017 are collecting data on children, discussing the additional benefits of KIA with several official agencies and the private sector, conducting comparative studies in regions that have implemented KIA and the basis of its arrangements. Preparation of the Regional Government of Semarang City in the issuance of KIA experienced several obstacles, among others, the unclear distribution of KIA forms, limitations and delays in budgeting, lack of competent human resources for the operation of SIAK. For ITU, the Semarang City Government made an effort to procure KIA sheets themselves, prepare computerized system training or SIAK, and make Mayor Regulations as technical implementation of Regional Regulation No.4 of 2016 concerning Implementation of Population Administration. Keywords: Child Identity Card, Policy, City of Semarang Abstrak Penelitian bertujuan untuk mengetahui kebijakan penerbitan kartu identitas anak di kota semarang . Metode pendekatan yang dilakukan dalam penelitian ini adalah yuridis normatif, Pengumpulan data diperoleh dari hasil wawancara dan melalui penelitian kepustakaan. Metode analisis data yang digunakan adalah metode analisa deskriptif kualitatif. Hasil penelitian menunjukkan bahwa Pemerintah Daerah Kota Semarang dalam melaksanakan penerbitan KIA membuat PERDA No.4 Tahun 2016, namun pelaksanaannya pada tahun 2017. Keterlambatan pelaksanaan KIA karena masalah cakupan kepemilikan Akta Kelahiran anak yang masih kurang. Persiapan yang dilakukan Pemda Kota Semarang dalam rangka pelaksanaan KIA di tahun 2017 adalah mengumpulkan data anak-anak, membahas penambahan manfaat KIA dengan beberapa pihak dinas dan pihak swasta, melakukan studi banding ke daerah yang sudah melaksanakan KIA dan dasar pengaturannya.  Persiapan Pemda Kota Semarang dalam penerbitan KIA mengalami beberapa kendala antara lain ketidakjelasan pendistribusian blanko KIA, keterbatasan dan keterlambatan pemberian anggaran, kurangnya sumber daya manusia yang kompeten untuk pengoperasian SIAK. Untuk ITU Pemda Kota Semarang melakukan upaya yakni pengadaan blanko KIA sendiri, mempersiapkan pelatihan sistem komputerisasi atau SIAK, dan membuat Peraturan Walikota sebagai pelaksanaan teknis dari Perda No.4 Tahun 2016 Tentang Penyelenggaraan Administrasi Kependudukan. Kata Kunci: Kartu Identitas Anak, Kebijakan, Kota Semarang

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 Analisis Kelayakan Isi LKS “Pintar Pendidikan Agama Islam Berkarakter” Kelas V SD

2021 ◽  
Vol 2 (1) ◽  
pp. 21-35
Author(s):  
Lisa Yulia Sari ◽  
Muhammad Aufa Muis
Keyword(s):  
Religious Education ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Analysis Method ◽  
Learning Materials ◽  
Is Research ◽  
Library Research ◽  
Literature Searches

This study aims to identify and describe the results of the feasibility analysis of the contents of the Islamic Religious Education Smart LKS content in terms of the suitability of the material description with KI/KD, the accuracy of the material, and the content of supporting learning materials. The type of research used is library research. Literature research is research based on literature searches related to the problems to be discussed. The method used is descriptive analysis method. The primary data sources in this study were obtained from the Smart LKS for Islamic Religious Education with Character, while the secondary data were obtained from books, journals, articles, laws and regulations, and so on. All data will be collected, analyzed, interpreted as well as by interpreting the object under study. The results showed that the suitability of the description of the material with KI-KD obtained a percentage of 65%, while in terms of the accuracy of the material it obtained a percentage of 72%, and in terms of supporting learning materials it obtained a percentage of 73.2%. When viewed as a whole, the percentage of sub-components is 70%, which shows that the Smart LKS for Islamic Religious Education is worthy of being used as a companion book for learning in elementary schools

scholarly journals Talak di Luar Pengadilan Perspektif Fikih dan Hukum Positif

2021 ◽  
Vol 3 (1) ◽  
pp. 67-84
Author(s):  
M Muhsin ◽  
Soleh Hasan Wahid
Keyword(s):  
Qualitative Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Method ◽  
Marriage Law ◽  
Positive Law ◽  
The Status ◽  
Legal Consequences ◽  
Husband And Wife

Abstract: Divorce is breaking the ties of marriage and ending the husband and wife relationship. According to Fiqh law, divorce is considered legally binding when a husband pronounces the word talaq to his wife clearly and figuratively. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out before the court after the court concerned tries and fails to reconcile the two parties. The focus of the problem in this study is: (1) What is the status of divorce outside the court according to fiqh law and positive law? (2) Which is used as a guideline between the two divorce proceedings on the termination of marriage? The type of research conducted by the author is field research using qualitative methods. The analysis used is the descriptive analysis method. The number of respondents in this study was five people with the category of divorce outside the court. Based on the method used in the study, it was concluded that the divorce handed down out of court was legal, according to fiqh, so that the marriage broke up by fiqh rules. However, the divorce is not legal according to positive law in Indonesia, so that in the eyes of positive law, the marriage has not been broken, and the positive law that applies in Indonesia is used as a guide to the dissolution of marriage because the legal consequences arising after the divorce are more clearly regulated so that obligations and rights that arise after the divorce is more secure.Abstract: Talak adalah melepaskan ikatan pernikahan dan mengakhiri hubungan suami istri. Menurut hukum Fikih perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada istrinya baik secara jelas maupun kiasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak. Fokus masalah dalam penelitian ini adalah: (1) Bagaimana status talak di luar pengadilan menurut hukum fikih dan hukum positif? (2) Manakah yang dijadikan pedoman antara dua proses perceraian terhadap putusnya perkawinan? Jenis penelitian yang dilakukan penulis merupakan penelitian lapangan (field research) yang menggunakan metode kualitatif. Analisis yang digunakan adalah metode analisis deskriptif. Jumlah responden dalam penelitian ini sebanyak lima orang dengan kategori melakukan penceraian di luar Pengadilan. Berdasarkan metode yang digunakan dalam penelitian dihasilkan kesimpulan bahwa, talak yang dijatuhkan di luar pengadilan adalah sah menurut fikih, sehingga perkawinannya putus sesuai dengan aturan fikih. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.

scholarly journals Nilai-Nilai Pendidikan Tasawuf dalam Film “99 Kali Rindu” Karya Azhari Zain

2020 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Fahri Aldin ◽  
Yosep Farhan Dafik Sahal
Keyword(s):  
Data Collection ◽  
Descriptive Analysis ◽  
Islamic Education ◽  
Educational Institutions ◽  
Analysis Method ◽  
Educational Values ◽  
Library Research ◽  
Education Today ◽  
Definition Of ◽  
Unit Processing

This study aims to (1) determine the meaning of Sufism education; (2) knowing the values ​​of Sufism education contained in the film "99 Kali Rindu"; (3) to determine the relevance of the values ​​of Sufism education in the film "99 Kali Rindu" with Islamic education today. The method used in this data analysis is descriptive analysis method, while the data collection techniques used in this data collection are documentation techniques and library research. The collected data were then analyzed by unit processing. In the film 99 Kali Rindu, after doing the research it can be concluded that: (1) the definition of sufism is the teaching or belief that knowledge of truth and Allah can be achieved by means of mental vision of reflection, (2) the film has sufism educational values ​​that can be applied to students. these values ​​are: (a) divine value (deity), (b) insaniyah (human) values, (c) natural value (nature), (3) the relevance of sufism education in islamic education is that it has a relevant relationship, which is applied to schools and educational institutions. The dialogue excerpt made by Azhari Zain in his film 99 Kali Rindu, contains the values ​​of Sufism education which are in accordance with the material taught at schools and educational institutions such as Akidah Akhlak, Al-Quran Hadith, and other Islamic education. The values ​​in it are very important to be instilled in students, so that they can become a generation that fights for and advances this nation with knowledge and morals

scholarly journals ANALISIS AKURASI DAN KARAKTERISTIK TERJEMAHAN AL-QUR`AN DAN TERJEMAHNYA BAHASA JAWA BANYUMASAN

2020 ◽  
Vol 6 (1) ◽  
pp. 25-44
Author(s):  
Nurul Husna
Keyword(s):  
Descriptive Analysis ◽  
Local Communities ◽  
Object Language ◽  
Analysis Method ◽  
Library Research ◽  
The Republic

Al-Qur`an dan Terjemahnya Bahasa Jawa Banyumasan is a manifestation of the need for the contribution of the Quran to local communities, especially Banyumasan. This translation was compiled by a team of translators who were delegated by the Ministry of Religious Affairs of the Republic of Indonesia in 2011. The use of Banyumasan Javanese as an object language for translation is a fresh thing. This research is crucial as it is the first study of the Banyumasan translation of the Quran. This study aims to understand the methods of translation and also to look at the accuracy of the translation. This research is a library research using descriptive-analysis method. The references used in analyzing the accuracy of this translation are the Banyumasan dialect dictionary and linguists' statements obtained from the author's interviews. The results of this study indicate that this translation uses a contextual method with several improvisations to explain the meaning, loanwords from both Indonesian and Arabic, hierarchical language, affirmation of meaning, and also distortion of meaning that does not change the meaning of the verse. Keywords: Quran Translation, Banyumasan Javanese Language, dialect, accuration

scholarly journals Penerapan Akad Murabahah pada Produk MULIA di Pegadaian Jalancagak Menurut Perspektif Ekonomi Syariah

2020 ◽  
Vol 4 (1) ◽  
pp. 60-68
Author(s):  
Raden Andriana Meirani ◽  
Ahmad Damiri ◽  
Jalaludin Jalaludin
Keyword(s):  
Financial Institutions ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Analysis Method ◽  
The Impact ◽  
To Receive

This research was conducted at Pegadaian Jalancagak Subang Regency. Pegadaian is one of the financial institutions that offers Logam Mulia investment services, one of which is called MULIA (Murabahah Logam Mulia For Abadi Investment). Product Mulia is a financing offer to customers for the purchase of gold bars produced by PT. Aneka Tambang (ANTAM). This study aims to determine how MULIA product provisions, the application of the murabaha contract on MULIA products and the impact of MULIA products for pawnshops and the community. This type of research is qualitative using descriptive analysis method. Data sources used include primary and secondary data. From the results of the discussion the researchers found that there were several provisions in the application of the MULIA product murabahah in Pegadaian Jalancagak that were not in accordance with the provisions of the Shari'a, including; first concerning the object of the contract or Marhun which was not raised or did not exist during the contract. Second, the sanctions that are permitted according to the Shari'a are applicable to customers who are capable but neglect or postpone delay of payment but do not apply to customers who are truly unable to pay, but in its application at Jalancagak pawnshop requires all customers to receive sanctions or pay fines if unable pay without exception. Third, in the application of sanctions / fines regarding funds generated from fines input as corporate income, which according to Shari'a provisions should be intended for social funds

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