NASAB BAYI TABUNG DALAM PRESPEKTIF HUKUM ISLAM DAN MAQASID SYARI’AH

2019 ◽  
Vol 4 (2) ◽  
pp. 149-176
Author(s):  
Mohammad Fahrudi Noer Farida Ulvi Na’imah

The main problem in this research is how the reasons for determining nasab IVF and how is the study of Maqasid al-Shari'ah about nasab ?. This research is classified as research (Librative qualitative research). In answering the existing problems, the authors collected data through documentation by utilizing several books that deal with problems. And then analyzed using descriptive methods of analysis with a deductive mindset that is expressed data in general and then drawn to specifics. The results of this study reveal that there are two ways of making IVF that are justified by religion and fulfill the legal requirements of Islamic law. Namely: 1) Fertilazation in Vitro (FIV) by taking the husband's sperm and wife's ovum then processed in vitro (tube), and after fertilization, then transferred in the wife's uterus. 2) Intra Felopian Tuba Gramet (GIFT) by taking husband's sperm and wife's ovum, and after fertilization occurs, it is immediately planted in the oviduct (fallopian tube). In terms of the Maqasid al-Sharia'h, the text is one of the goals of creating benefit, regularity and expediency to protect offspring. In the perspective of Maqasid as-Shari'ah categorized as al-Muhafadzah ala an-Nasl (maintaining offspring), namely: guaranteeing the sustainability of the human population to stay alive and develop healthy and sturdy, both character and religion.

2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.


2019 ◽  
Vol 3 (6) ◽  
pp. 753-758
Author(s):  
Silvia Woll

Innovators of in vitro meat (IVM) are convinced that this approach is the solution for problems related to current meat production and consumption, especially regarding animal welfare and environmental issues. However, the production conditions have yet to be fully clarified and there is still a lack of ethical discourses and critical debates on IVM. In consequence, discussion about the ethical justifiability and desirability of IVM remains hypothetical and we have to question those promises. This paper addresses the complex ethical aspects associated with IVM and the questions of whether, and under what conditions, the production of IVM represents an ethically justifiable solution for existing problems, especially in view of animal welfare, the environment, and society. There are particular hopes regarding the benefits that IVM could bring to animal welfare and the environment, but there are also strong doubts about their ethical benefits.


2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.


2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
FAISAL AKBAR ◽  
Syamsuddin RS ◽  
Dadan Anugrah

Penelitian ini bertujuan untuk mengetahui metode Program Fajar Indah yang ada di Radio Citra Progo dalam meningkatkan pemahaman keagamaan masyarakat, mengetahui klasifikasi da’i pengisi program Fajar Indah, serta pesan dakwah dari program Fajar Indah. Penelitian ini menggunakan penelitian kualitatif dengan metode deskriptif. Pengumpulan data dalam penelitian ini menggunakan teknik observasi, wawancara dan dokumentasi. Analisis data digunakan penafsiran logika yang dihubungkan dengan konteks Komunikasi Penyiaran Islam. Hasil penelitian menunjukan bahwa Radio Citra Progo dalam program Fajar Indah menggunakan metode ceramah dengan pembawaan da’i yang santai ketika siaran. Adapun klasifikasi da’i dalam siaran dakwah ini, dapat dilihat dari wawasan keilmuan penyiar dalam menguasai Al Quran dan Hadist sebagai sumber hukum Islam dan kedisiplinan untuk menjalankan tugas sebagai da’i penyiar radio. Dalam siaran Program Fajar Indah terdapat pesan dakwah berupa materi Aqidah untuk meningkatkan kepercayaan masyarakat kepada Allah, mengimani rukun Iman dan rukun Islam, serta materi Akhlak yang diperintahkan oleh Allah dan dicontohkan oleh Nabi Muhammad SAW, materi Ibadah yang menyampaikan tatacara beribadah kepada Allah meliputi hukum pernikahan, hukum bertetangga, shodaqoh, sholat, puasa dan menyampaikan materi tentang hari-hari besar umat Islam. This study aims to determine the methods of the Beautiful Fajar Program on Radio Citra Progo in improving people's religious understanding, knowing the classification of preachers for the Fajar Indah program, and preaching messages from the Fajar Indah program. This study uses qualitative research with descriptive methods. Data collection in this study uses observation, interview and documentation techniques. Data analysis used the interpretation of logic connected with the context of Islamic Broadcast Communication. The results showed that Citra Progo Radio in the Fajar Indah program used a lecture method with a relaxed nature when broadcasting. The da'i classification in this da'wah broadcast, can be seen from the broadcaster's scientific insights in mastering the Qur'an and Hadith as a source of Islamic law and discipline to carry out their duties as radio broadcast preachers. In the broadcast of the Fajar Indah Program there is a da'wah message in the form of Aqeedah material to increase public trust in God, faith in the pillars of faith and pillars of Islam, as well as moral material ordered by God and exemplified by the Prophet Muhammad, the material of worship which conveys the procedure of worship to God including marriage law , neighborly law, shodaqoh, prayer, fasting and delivering material about the Muslim holidays.


2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum

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.


2008 ◽  
Vol 13 (4) ◽  
pp. 50-65 ◽  
Author(s):  
Karin Minnie ◽  
Hester Klopper ◽  
Christa Van der Walt

The objective of this study was to explore and describe the factors that influence the decision by pregnant women to be tested for HIV. This was achieved through a qualitative research study that was exploratory, descriptive and contextual in nature. A sample of 13 pregnant women participated. Data obtained from semi-structured interviews was analysed according to a protocol based on a combination of methods of analysis. The three main themes, namely factors that contribute to the decision by pregnant women to be tested for HIV, factors that contribute to the decision by pregnant women not to be tested for HIV and organisational factors that influence the decision by pregnant women to be tested for HIV, were divided into nine subthemes. Conclusions and recommendations to promote counselling to pregnant women being tested for HIV are provided. Opsomming Die doel van die studie was om die faktore wat die besluit van swanger vroue om vir MIV getoets te word, te verken en beskryf. Dit is gedoen deur middel van verkennende, beskrywende, kontekstuele kwalitatiewe navorsing. ’n Steekproef van 13 swanger vroue het deelgeneem. Inligting is verkry deur middel van semi-gestruktureerde onderhoude. Hierdie inligting is ontleed aan die hand van ’n protokol gebaseer op ’n kombinasie van ontledingsmetodes. Die drie hooftemas, naamlik faktore wat bydra tot swanger vroue se besluit om vir MIV getoets te word, faktore wat bydra tot swanger vroue se besluit om nie vir MIV getoets te word nie en organisatoriese faktore wat swanger vroue se besluit beïnvloed om vir MIV getoets te word, is in nege subtemas onderverdeel. Gevolgtrekkings en aanbevelings ter bevordering van berading van swanger vroue vir MIV-toetsing, word verskaf.


2017 ◽  
Vol 5 (1) ◽  
pp. 135-150
Author(s):  
Kusnan Kusnan

Arabic is the language of Muslim’s holy book, and reading  it is obligatory for Muslims. In Islamic education, Arabic is the language that should be mastered as a means of understanding the original texts of the source of Islamic law. One of the important thing in learning Arabic is the method. Zam-Zam Muhammadiyyah Modern Islamic Boarding School implements a diffent model and method of learning Arabic compared to other Islamic boarding schools in the district of Cilongok. This is a qualitative research, through a case study using interview, observation and documentation techniques for collecting data and interactive analysis for analying data. The findings of this research are three models of Arabic learning in Pondok Pesantren. The first model is khiwar or muhadatsah, the second is mufrodat walls intended to make students familiar with Arabic vocabulary, and the third is Lughoh. The method and model of Arabic learning in the institution as described above is a combined method. There are at least three methods used, i.e. Communicative Problem-Based Learning Method, Audiolingual Method, and Grammar-Translation Method.


2020 ◽  
Vol 20 (1) ◽  
pp. 85
Author(s):  
Ghulam Falach

The main focus of Orientalist thought is nothing but to reconstruct and influence Islamic civilization. Their enthusiasm to activate orientalism is increasingly challenged by the presence of Islam as a religion that has followers of most of the world's population. One of the actions of orientalism towards the Islamic world is to start a research movement on the Qur'an and al-Hadith which are the basis of the law and guidelines of Muslims. Not far from the critics of the Qur'an and al-Hadith, they also deconstructed aspects of the development of science, Islamic law, and even the originality of Islamic history. Some famous orientalism figures, one of them is Reinhart Dozy, a famous orientelism from the Netherlands with the concept of literacy in the history of Islamic civilization in Spain. Even though he received a lot of criticism and appreciation from both orientalists and Muslim thinkers, his literary work has had a great influence on Islamic civilization. The discussion steps of this study are entirely carried out using qualitative research that is library research. To be more useful and function properly, this paper is equipped with an explanation using the method of description, interpretation and analysis of data in each discussion. This is done, none other than to focus the discussion to produce a consistent and comprehensive understanding.


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