scholarly journals Pengklasifikasikan Harta Isteri Berpekerjaan Sebagai Harta Sepencarian:Satu Analisis Hukum dari Perspekftif 'Urf

2021 ◽  
Vol 24 (2) ◽  
pp. 40-59
Author(s):  
Maryitah Mohd Zainon ◽  
Marina Abu Bakar ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Nur Sarah Tajul Urus ◽  
Mus'ab Mohd Yusoff

In Malaysia, the law recognizes claims of jointly acquired property of spouse due to divorce, polygamy or death. For example, Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides for the jurisdiction of Court’s injunction in the division of jointly acquired property.  There is a disagreement among Muslim Jurists related to assets to the working wives throughout her marriage in terms of its status as a private property or jointly acquired property.  However problems arise when there are situations where the vast majority of domestic contributions are attributed to the property of the wife. These contributions can be seen beginning from the purchase of house, car and upbringing costs of children which are part of wife’s obligations. Therefore, the objective of this study is to identify the classification of assets of the working spouse as a jointly acquired property that is entitled to be claimed by the husband from Islamic perspective and subsequently analyze the custom recognition on it. This study is a qualitative study in which data is collected through studies from Islamic law scriptures and legal sources. Meanwhile, data analysis is carried out using content analysis methods through a descriptive approach.  The findings proved that the custom recognized the classification of property of a wife to be accepted as a jointly acquired property.  However for working wives who have incurred all additional needs, their property is classified as property that cannot be claimed by the husband in full. This study hopefully will contribute to the parties involved in jointly acquired property claims such as legislators and law practitioners to assess the classification of property working spouse as jointly acquired property that can be claimed by the husband. Abstrak Di Malaysia, undang-undang mengiktiraf tuntutan harta sepencarian atas faktor perceraian, poligami atau kematian. Sebagai contoh, seksyen 122, Enakmen Undang-Undang Keluarga Islam (Negeri Kedah Darul Aman) 2008, jelas memperuntukkan berkenaan bidangkuasa Mahkamah dalam memerintah pembahagian harta sepencarian. Terdapat khilaf dalam kalangan para fuqaha’ berkaitan harta milik isteri berpekerjaan sepanjang perkahwinan dari aspek statusnya sebagai harta persendirian atau harta sepencarian. Namun, timbul masalah apabila terdapat situasi di mana sebahagian besar sumbangan rumahtangga adalah berpunca daripada harta isteri. Sumbangan ini dapat dilihat bermula daripada pembelian rumah, kereta, kos asuhan anak-anak yang menjadi sebahagian daripada tanggungan isteri. Justeru itu, objektif kajian ini adalah untuk mengenalpasti pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian yang berhak dituntut oleh suami dari perspektif syarak, dan seterusnya menganalisis pengiktifaran ‘Urf ke atasnya. Kajian ini adalah kajian kualitatif di mana data kajian dikumpul melalui kajian kepustakaan daripada kitab-kitab fiqh islami dan sumber undang-undang. Sementara itu, analisis data dilakukan menggunakan kaedah analisis kandungan melalui pendekatan deskriptif. Hasil kajian membuktikan bahawa ‘Urf mengiktiraf pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian. Walau bagaimanapun, bagi isteri yang berkerjaya dan telah menanggung segala keperluan tambahan, harta mereka diklasifikasikan sebagai harta yang tidak boleh dituntut oleh suami dalam harta sepencarian. Kajian ini dapat memberi sumbangan kepada pihak-pihak yang terlibat dalam tuntutan harta sepencarian seperti penggubal undang-undang dan institusi-institusi mahkamah untuk menilai pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian yang boleh dituntut oleh suami.

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Masyitah Mohd Zainon ◽  
Marina Abu Bakar ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Nur Sarah Tajul Urus ◽  
Mus’ab Mohd Yusoff ◽  
...  

In Malaysia, jointly acquired property has been recognized due to divorce, polygamy, or death. Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides the jurisdiction of Court in division of jointly acquired property. Disputes arose between Muslim’s scholars on the status of property of a working wife whether it can be regarded as a private property or jointly acquired property.  Nowadays, it seems that the domestic contributions for a living are attributed to the property of the working wife. These contributions include the purchase of house, car, and expenses in upbringing the children. Therefore, the objective of this study is to identify the classification of property of the working wives and the condition of jointly acquired property that can be claimed by the husband from Islamic perspective and subsequently analyse the custom recognition on it. This study is a qualitative study in which data is collected from Islamic law books and legal sources. Data analysis completed by applying content analysis methods through a descriptive approach. The findings indicated that the custom (‘urf) recognized the classification of property of a wife to be accepted as jointly acquired property.


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.


2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Sibel Dal ◽  
◽  
Cemil Öztep ◽  

The purpose of this study is to examine how selected stories, which are written in Turkish by local or foreign authors for preschoolers, deal with honesty. In this basic interpretive qualitative study, data were collected through document analysis and analyzed through content analysis. Analyzed documents are twenty-one picture books, which written in Turkish for preschoolers published between 2004 and 2015, nine stories about honesty published online by four Turkish Provincial Directorates of National Education and one story about honesty published online by the Center for Values Education. The software NVivo 11 was used to conduct computer-assisted data analysis. The results of this study demonstrate that most of the analyzed texts use “dishonesty and its negative consequences” more than “honesty and its positive outcomes” to promote honesty.


2019 ◽  
Vol 9 (2) ◽  
pp. 213-237
Author(s):  
Muhammad Anshar

Abstract: This study discussed the themes of multimedia proselytising on Facebook used by Makassar's preachers as well as the usage of various forms of multimedia to convey messages to audiences (mad'u) through the Facebook social network. This research was a qualitative study using a content analysis approach. The results of the study stated that the themes conveyed by the preachers were aqidah (faith), sharia (Islamic law), akhlak (manner) morals, mu'amalah (dealings between people), and general messages, such as education, behaviour, and defending the country. While the forms of multimedia proselytising used by da'i (Islamic preachers) were the textual message, images, audio, and video. In addition, da'i needed to improve the quality of material and media da'wa by using information technology through internet media in order to get effective communication (da'wah).


Author(s):  
Mohamad Hussin ◽  
Muhammad Hakim Kamal

The spread of Islam in the Malay Archipelago (henceforth Nusantara) contributed to the activity of al -Quran translation in Malay civilisation. The society started to learn about Islam and the syariah that encouraged them to be close to al-Quran and translate it into the local language. Al-Quran was translated into Malay language in many ways. This study is a study of text aimed at identifying the translated works of al-Quran in Malay language beginning from the 17th century to the 20th century and to investigate its design and chronology. This qualitative study takes a descriptive approach and inculcates the historical method involving heuristics, critique of sources, interpretation and historiography in data collection and data analysis. The research findings show that 21 al-Quran translations into Malay language have been produced since the 17th century in Nusantara. Most of the al-Quran translated works were approached by interpretive translation rather than literal translation. The design of al-Quran translation into Malay language had developed in line with the times, beginning with classical Malay language using the jawi (Arabic) script, until the modern Malay language using romanised script. The concise translation style was seen to dominate the layout of al-Quran translations into Malay language. The al-Quran translation activity was not without controversy, until it led to several works being banned from publication. The rapid translation activity shows the enthusiastic efforts by society in Nusantara in transferring religious knowledge into guidance for daily life.


2008 ◽  
Vol 16 (2) ◽  
pp. 260-265 ◽  
Author(s):  
Richardson Augusto Rosendo da Silva ◽  
Vera Maria da Rocha ◽  
Rejane Marie Barbosa Davim ◽  
Gilson de Vasconcelos Torres

The research aims at identifying strategies of coping with AIDS used by mothers of HIV positive children to live better with their children's disease. The method used was a descriptive qualitative study. Thirty-three structured interviews were conducted with HIV positive women voluntaries and registered as users in the clinic of the public hospital of reference for the treatment of AIDS in Natal/RN. For data analysis, the method used was thematic content analysis. From the analysis, prevalent categories regarding forms of facing AIDS came up, they were: overprotection and fear; donation; hope; religious belief; underestimation of HIV; hiding the diagnosis; and resignation. This study shows that despite AIDS limitations and barriers, relatives develop strategies that make it possible to face every day problems and live better with it.


2021 ◽  
Vol 5 (S4) ◽  
pp. 2102-2111
Author(s):  
Nadia Murshida Abd Azzis

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.


2021 ◽  
Vol 18 (3) ◽  
Author(s):  
Mahdieh  Poodineh Moghadam ◽  
Ahmad Nasiri ◽  
Gholamhossein Mahmoudirad

Background: Establishing appropriate communication with cancer patients is necessary to make decisions for them and involve them in the care process to prevent the adverse consequences of cancer treatment. Thus, the qualitative study on the challenges experienced by oncology nurses can lead to a better understanding of these challenges and help these nurses acquire advanced communication skills. Objectives: This study was conducted to explain the communication challenges experienced by oncology nurses during providing care to cancer patients by applying a qualitative content analysis approach. Methods: This qualitative study was conducted with the participation of 18 nurses who were selected by the purposive sampling method, working in the oncology departments of Iran’s hospitals in 2021. Semi-structured interviews were held for data collection. After transcribing the interviews, data analysis was performed using the Granheim and Landman (2004) method. The MAXQDA software (2020) was used for data management. The criteria proposed by Lincoln and Guba were used to assure data accuracy and reliability. Results: Thirty subcategories, eight categories, and four themes were extracted following data analysis. The themes included the nurse’s close relationship with cancer patients as a double-edged sword, curvy and sinusoidal professional communication for oncology nurses, relationship with an opposite-gender patient as a missing factor in nursing care, and marginalization of relationships during the coronavirus pandemic. Conclusions: Nurses’ challenges in communicating with cancer patients can be reduced by improving their communication skills via various strategies, including empowering nurses by employing cognitive empathy and using communication models such as the Comfort model.


2015 ◽  
Vol 24 (3) ◽  
pp. 654-661 ◽  
Author(s):  
Maria Lígia dos Reis Bellaguarda ◽  
Maria Itayra Padilha ◽  
Denise Elvira Pires de Pires

Socio-historical and qualitative study aiming to rescue the establishment process of the Regional Nursing Council of Santa Catarina and characterize its importance to the profession. It presents its theoretical support on the ideas of Eliot Freidson and New History. In the method, oral history and documentary research were used, involving eight nurses who implemented the representative organization in the referred time frame. The principles of Content Analysis guided data analysis, which were organized according to the mandates of the Regional Nursing Council of Santa Catarina from 1975 to 1986. During the implantation of the professional Council, there was a fragile notion about the objectives of the council and a slow supervision process. It is concluded that the importance of the establishment of the profession Council was known by the leaders and little understood by all professionals in the state.


Author(s):  
Muhammad Zulfadhli Zakaria ◽  
Md Nor Abdullah

The poetry of al-Munfarijah by Ibn al-Naḥwī is an Islamic poem-themed; sufism. This medieval poem received an encouraging response from the sufis and litterateurs. Besides quality content, the benefits of an Arabic poem are judged based on the usage of good language, high imagination, unique phonetics and alphabetical sound, and aesthetics. This values are based on the Arabic rhetoric. Hence, this article aims to examine the application of al-Badī elements which is a part of the Arabic rhetoric in al-Munfarijah poetry. This is a qualitative study that involves content analysis. General meaning was given to the selected verse. Thematic and deductive approaches are applied in data analysis. The study found that the application of al-Badī elements involved both al-Muḥassināt al-Ma ͨnawiyyah and al-Muḥassināt al-Lafẓiyyah. This article focuses only on three elements from each parts. The application of six elements is sufficient to illustrate the holistic semantics and aesthetics of poetry. This research reveals that the writer has an excellent level of al-Tharwah al-Lughawiyyah in his poetry. Despite the language aspect mentioned, a significant influence of tasawuf is also deployed. This proves the privilege and uniqueness that adds value to al-Munfarijah poetry


Sign in / Sign up

Export Citation Format

Share Document