scholarly journals أحكام الرضاع المحرم في الفقه الإسلامي: دراسة فقهية حديثية

2020 ◽  
Vol 23 (1) ◽  
pp. 332-357
Author(s):  
Lilly Suzana Shamsu ◽  
Jihad Soleh Muhammad Mhanna
Keyword(s):  
Social Problems ◽  
Islamic Law ◽  
Close Relative ◽  
Inductive Approach ◽  
Milk Bank ◽  
Duration Of Breastfeeding ◽  
Textual Content ◽  
Breast Fed ◽  
Shed Light ◽  
Husband And Wife

تهدف هذه الدارسة إلى محاولة تسليط الضوء على أحكام الرضاع المحرم في الفقه الإسلامي، لجهل الكثير من المسلمين أحكامه، فينشأ بسببه المشاكل الاجتماعية من فسخ النكاح، وانتهاك الأعراض، متبعاً ومستعينًا بالمنهج الاستقرائي التحليلي، حيث تطرقت الدراسة إلى بعض المفاهيم المتعلقة بأحكام الرضاع المحرم، بالإضافة إلى بعض الأحكام المتعلقة بالرضاع كالسن والمقدار، وقد خلص البحث إلى أن إرضاع المرأة طفلاً بالشروط المعتبرة شرعًا كان ولدها في تحريم النكاح، وللرضاع حكمتين من التحريم به فالأولى: أخلاقية والثانية: علمية. This study aims to shed light on Islamic ruling on kinship by milk (al-Ridha‘a) as well as to educate Muslims on its implication. It is very important to adhere the Islamic Law on this matter as unawareness may lead to social problems, impediment to marriage or separation of husband and wife. This study is conducted by using inductive approach that will analyze the textual content in any related documents. This study presents some concepts related to Islamic ruling on forbidden marriage due kinship by milk, the duration of breastfeeding and the amount or number of milk that to be breast fed. The study conclude that when a woman breast feeds a child (not her own) the child becomes her close relative (Mahram) provided the breastfeeding has fulfilled all the concerned Shari‘ah Law. Furthermore, the study also stated that there are moral and scientific wisdom behind the Islamic Law on this matter. On the issue pertaining the establishment of Milk Bank, the study found that is permissible for babies to consume the milk processed by the Milk Bank. Anyhow, it must fulfill all conditions that has been set by the authority.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

سؤال العلاقة بين الفطرة والشريعة: قراءة معرفية (The Question of the Relationship between Shariah and Human Nature/fitrah: An Epistemological Review)

2018 ◽  
Vol 15 (1) ◽  
pp. 1-42
Author(s):  
المختار الأحمر
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
Interconnected Systems ◽  
Evolutionary Aspect ◽  
Islamic Thought ◽  
The Creation ◽  
The Relationship ◽  
Evolutionary Aspects ◽  
Shed Light

الملخّص يتناول البحث علاقة الفطرة بالشريعة في التفكير الإسلامي، وما تطرحه هذه العلاقة سواء على مستوى بيان الجوانب المتعلقة بخَلْق الإنسان وما فُطِر عليه ابتداء، وهذا البعد يمثّل الجانب التكوني في مفهوم الفطرة، أو على المستوى المتعلق بالشريعة وفطريتها، أي أنها جارية وفق ما يدركه العقل وتشهد به الفطرة، وهذا البعد يمثّل الجانب التشريعي الذي يطرحه مفهوم الفطرة. لقد زخرت أغلب الكتابات بتناول جانبا واحدا مما يتيحه أو يعكسه مفهوم الفطرة، لكن البحث في العلاقة التناسبية بين الفطرة والشريعة، وما يتيحه هذا النظر المتلازم بين المفهومين على مستوى الإمكانات المتعلقة بقدرات الإنسان الفطرية في فهم وتعقّل الخطاب الشرعي والأحكام التكليفية، والوقوف على غاياته ومقاصده، يبقى في حاجة إلى البحث والاستقصاء. ولذلك تأتي هذه الدراسة لتسليط الضوء على الجانب التشريعي والتكويني في علاقة الشريعة بالفطرة، باعتبارهما نظامين متلازمين يتيحان فهم طبيعة الشريعة وأحكامها ومقاصدها من جهة، وتحديد جوهر وماهية الإنسان الفطرية وإمكاناته في تعقّل هذه الشريعة من جهة ثانية.                  الكلمات المفتاحية: الفطرة، الشريعة، الدين، التكاليف، العقل. Abstract This research addresses the relationship between premordial human nature (fitrah) and Islamic law (SharÊÑah) within the frame of Islamic thought, while exploring the questions it raises at two levels. The first level explains the aspects related to the creation of man and what has initially been bestowed upon him, which represents the evolutionary aspect of the concept of fiÏrah. The second level is related to SharÊÑah and its nature, which evolves according to what is percieved by reason and witnessed by fiÏrah; this represents the legislative aspect presented by the concept of fiÏrah. The majority of studies to date address a single aspect of the illustrations of the concept of fiÏrah. However, research on the dialectic relationship between fiÏrah and SharÊÑah and what its relevant concurrent view provides at the level of potentials related to human innate capacities in understanding and realizing SharÊÑah discourse and mandatory provisions as well as understanding its objectives  remains scarce and requires further research and investigation. Therefore, this study intends to shed light on the legislative and evolutionary aspects of the relationship between SharÊÑah and fiÏrah as two interconnected systems that allow for the understanding of the nature of SharÊÑah, its provisions and purposes, as well as identifying the essence of human innate nature and its potential in perceiving SharÊÑah. Keywords: human nature (fiÏrah), Islamic law (SharÊÑah), religious mandates (TakÉlif), religion, intellect (ÑAqal).

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals Analisis Perbandingan KDRT oleh Suami dan Istri di Jawa Barat

2015 ◽  
Vol 31 (2) ◽  
pp. 271
Author(s):  
Pudji Muljono
Keyword(s):  
Domestic Violence ◽  
Social Problems ◽  
T Test ◽  
Community Level ◽  
Local Institutions ◽  
The Social ◽  
High Urgency ◽  
Husband And Wife

The phenomenon of domestic violence cases trend to increase in Indonesia,whether committed by the husband or the wife. This study has a high urgency becauseit is expected to provide relevant solutions to the social problems. A survey of domesticviolence-prone families conducted in two regencies, i.e. Cianjur and Indramayu Regency.The sample was selected from two districts and 4 villages with the number of respondents178 families, each consisting of a husband and wife. Data on domestic violence wereanalyzed and compared with the test T-test. The results showed that domestic violencecommitted husband to wife and vice versa wife against husband, both in Cianjur andIndramayu Regency is included in the low category. Necessary to develop a modelof intervention to strengthen local institutions that can support a family protectionagainst domestic violence at the community level, for example through Posdaya (FamilyEmpowerment Post).

Tax Law in Crimea in the Light of Two Yarlıks

2011 ◽  
Vol 38 (4) ◽  
pp. 429-466
Author(s):  
Recep Cigdem
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Tax Law ◽  
Independent State ◽  
The Crimea ◽  
Female Slave ◽  
The Right ◽  
The Military ◽  
Shed Light ◽  
Different Parts

AbstractThis article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and financial institutions. The judges were appointed and dismissed by the military judge of the Crimea. The shari'a courts and the diwan (council) were the two main bodies of the judicial system. The trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fiscal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.

scholarly journals GENDER, VIOLENCE, AND SOCIAL JUSTICE IN ISLAM: MUSLIM FEMINIST SCHOLARS IN THE PUBLIC EYE

2016 ◽  
Vol 31 (3) ◽  
pp. 293-305
Author(s):  
Shannon Dunn
Keyword(s):  
Islamic Law ◽  
Gender Violence ◽  
The Public ◽  
Islamic Studies ◽  
The Past ◽  
Intellectual Diversity ◽  
Islamic Tradition ◽  
Legal Questions ◽  
Individual Contributions ◽  
Shed Light

Three recent books focused on law, gender, and Islam not only make important individual contributions to the field of law and religion, but together, in their attention to issues of gender, sex, violence, and law, signal an important development in both this field and the field of Islamic studies. This state of the field essay examines Kecia Ali's revised and expanded edition ofSexual Ethics and Islam, Ayesha Chaudhry'sDomestic Violence and the Islamic Tradition, and Hina Azam'sSexual Violation in Islamic Law. Individually and collectively, these works shed light on the way that societies use gender as a fundamental tool of social organization and hierarchy. While Ali, Chaudhry, and Azam focus mainly on the classical Sunni Islamic tradition, their insight has wider methodological import for the study of law and religion. Further, they illuminate the intellectual diversity within the Islamic tradition, both in the past and in the present. In doing so, they draw attention to the process of how the intellectual tradition is retrieved and appropriated in contemporary contexts. Finally, their work is historical and descriptive as well as normative: this kind of scholarship challenges the distinction in the study of religion between these two categories. Ali, Chaudhry, and Azam each places her observations and arguments about classical Sunni Islamic texts and traditions in productive conversation with ethical and legal questions that Muslims face today.

scholarly journals KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk
Keyword(s):  
Islamic Law ◽  
Indigenous Communities ◽  
Well Being ◽  
Customary Law ◽  
Marriage Law ◽  
Long Time ◽  
Definition Of ◽  
Husband And Wife

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  

scholarly journals Studies in Qur’an and Hadith

1989 ◽  
Vol 6 (2) ◽  
pp. 329-335
Author(s):  
Muhammad Khalid Mas’ud
Keyword(s):  
Islamic Law ◽  
Early Period ◽  
Doctoral Dissertation ◽  
Central Theme ◽  
Early Islam ◽  
Two Systems ◽  
The Subject ◽  
Original Reading ◽  
New System ◽  
Husband And Wife

David S. Powers’ book, originally a doctoral dissertation submitted toPrinceton University, is a welcome addition to the already growing corpusof studies revising Joseph Schacht’s thesis that Islamic law did not exist duringthe lifetime of the Prophet. This is, however, not the central theme ofthe book. Powers contends that the Islamic law of inheritance is not identicalto the system of inheritance revealed to Prophet Muhammad and that theMuslim community is not in possession of the original reading and understandingof several Qur’anic verses and Prophetic hadith.The thesis presented in this book can be summarized as follows:Islamic law began to develop with Qur‘anic legislation which was moreclear and systematic on the subject of inheritance. In pre-Islamic Arabia theintergenemtional transmission of property was by seniority rather than by directdescent. The Qur’an introduced a new system of inheritance which reflecteda transition from tribalism to individualism, with more emphasis on the rightsof women to property. The author sees two systems of the law of inheritancein Islam:1) The proto-Islamic law of inheritance which existed only during2) Islamic law of inheritance, which exists as ‘ilm al-farii‘id.the lifetime of the Prophet; and,Powers contends that the proto-Islamic system was mainly testatory andthe property was distributed according to fixed shares only in the absenceof a will. Husband and wife, not being blood relatives, inherited as testatoryheirs.The author divides his dissertation into two parts. In the first part he dealswith the proto-Islamic, in the second with the Islamic system of inheritance.The first part proceeds by looking at the practice of bequest and testation inMakkah and Madinah in early Islam, giving special attention to the inheritancebetween husbands and wives, and the Qur’anic law of testation and intestacy.The second part proceeds by looking at socio-economic developmentsin the early period and contends that people in power manipulated the Qur‘anic ...

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