scholarly journals Nikah dengan Lafaz Hibah (Studi Komparatif Antara Jumhur Ulama dan Imam Abu Hanifah)

2021 ◽  
Vol 2 (1) ◽  
pp. 1-23
Author(s):  
Muhammad Taufan Djafri ◽  
Islahuddin Ramadhan Mubarak ◽  
Vaizki M. Rusli
Keyword(s):  
Comparative Analysis ◽  
Research Results ◽  
Ownership Transfer ◽  
Library Research ◽  
Marriage Contract ◽  
The Law ◽  
Research Type

This study aims to determine and understand the law of marriage with lafaz grants according to the jumhur of scholars and Imam Abu Hanifah. In this study, the authors used a library research type using a normative juridical approach and comparative analysis. The research results found are as follows; First, a grant-based marriage is not recommended according to the jumhur of scholars because the number of scholars only allows lafaz of marriage with lafaz al-nikah and al-tazwij as usual. Second, a marriage with a grant name may be in the Imam Abu Hanifah mazhab because while it is still in the form of ownership transfer, the name may be used in the implementation of the marriage contract. So the use of lafaz grants in a marriage contract is not allowed in the view of the jumhur of scholars, but it is okay for anyone who wants to use Imam Abu Hanifah's opinion about permitting to use the lafaz grant in a marriage contract, because this is just a difference in fiqh issues that sometimes the scholars differ in interpreting or understanding an argument.

scholarly journals AYAT-AYAT KEBEBASAN BERAGAMA DALAM PERSPEKTIF NASAKH: KAJIAN TERHADAP PENAFSIRAN IBN KATHÎR DAN RASHÎD RIDÂ

MUTAWATIR ◽  
2018 ◽  
Vol 6 (2) ◽  
pp. 284-313
Author(s):  
Moh Abdul Kholiq Hasan
Keyword(s):  
Comparative Analysis ◽  
Research Method ◽  
Religious Freedom ◽  
Religious Life ◽  
Library Research ◽  
The Creation ◽  
The Law

This article aims to find out how the opinion of IbnKathîr and Rashîd Rid}a about naskh in the Qur’an? How did IbnKathîr and Rashîd Rid}a interpret the verses about religious freedom that were claimed to be annulled? And what are the implications for the interpretation of texts about religious freedom? The research method is a library research, with the object of religious freedom verses claimed to be annulled in the book of IbnKathîr and RashîdRid}â. Using the descriptive-analytical and comparative analysis with Hermeneutics Romansis Friedrich Daniel Ernst Schleiermacher approach, the article argues thatIbnKathîr acknowledges the existence of naskh in the Qur’an, but not everything said as annulled is received by him. While Rashîd Rid}a rejects the theory of naskh in the Qur’an. Related to interpretation, IbnKathîr and Rashîd Rid}a reject the opinion of naskh against the verses of religious freedom. Though Rashîd Rid}a seems more emphatically for his refusal. Being the most important implications are that the verses of religious freedom are fundamental and universal, so it is impossible for them to be annulled; the need for change in the paradigm of the law lapsed; and the creation of a peaceful religious life.

scholarly journals Analisis Komparasi Pemikiran Ibnu Hazm dan Syafi’i terhadap Hukum Musik

2020 ◽  
Vol 1 (4) ◽  
pp. 627-649
Author(s):  
Muhammad Yusram ◽  
Hendra Wijaya ◽  
Azwar Iskandar ◽  
Moh. Fadli
Keyword(s):  
Comparative Analysis ◽  
Research Methods ◽  
Islamic Law ◽  
Analysis Approach ◽  
Library Research ◽  
The Law ◽  
Ibn Hazm

This research aims to examine the law of music in the review of Islamic law by comparing the opinion that forbidding the music especially from Shafi’i and opinion that allowing the music especially from Ibnu Ḥazm.  This research used library research methods with comparative analysis approach. The results found some important findings. First, Ibn Hazm argued that the law of all things that have no clear evidence of it is permissable, including music. There are many flaws in the hadiths and aṡar that are expressed by scholars who forbid music, including the weakness of the mustard and the use of the word in narration that raises doubts in it. Second, Shafi'i allows certain instruments under certain circumstances such as tabla instruments used during war, not for something that neglects such as singing. Shafi'i hates acts that neglect a person from the Qur'an such as listening to a song even though there is a remembrance of Allah. There is a contention or comment from the scholars to Ibn Ḥazm who doubts the validity of Bukhari as a reliable hadith. Third, the differences in scholars on this matter are specific to Ibnu Ḥazm and Shafi'i's views, not including disagreements that allow a person to choose an opinion that he believes based on the evidence he has heard from both. This is because there has been clear evidence of cancelling one of the views of both. In this case, Ibn Ḥazm's opinion of the hadith which he thought was weak turned out to be a valid hadith and agreed upon by most scholars.

scholarly journals KEWENANGAN PEGADAIAN DALAM MENERBITKAN SERTIFIKAT BATU MULIA DI INDONESIA

2020 ◽  
Vol 4 (2) ◽  
pp. 184-190
Author(s):  
Alif Arhanda Putra
Keyword(s):  
Empirical Research ◽  
Legal Aspect ◽  
Secondary Data ◽  
Research Results ◽  
The Law ◽  
Research Type ◽  
Precious Stones

Abstract Authority of Pegadaian in Issuance of the Certificates of Precious Stones in Indonesia.This research aimed to determine the institution authorized to issue the certificate of the precious stones in Indonesia. This study used the empirical research type to look at the enforcement of the law from the non-legal aspect. The collected data – both primary and secondary data – were analyzed qualitatively. Then, they were described in order to answer the problems of this research.The research results revealed that The authority to issue certificates for the precious stones in Indonesia was given to the authorized and powerful institutes in order to issue certificates for the precious stones in Indonesia, such as the Pawnshop and order private institutes as the actors in the commerce industry of precious stones in Indonesia. Keywords: Authority, The Pawnshop, Certificates of Precious Stones.

scholarly journals Salat Jumat Setelah Salat Hari Raya Id Saat Pandemi Covid-19 dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 472-483
Author(s):  
Asri ◽  
Zulfiah Sam ◽  
Rezky Damayanti
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Research Library ◽  
Second Opinion ◽  
Research Results ◽  
Islamic Perspective ◽  
Library Research ◽  
The Law ◽  
Friday Prayer ◽  
The City

This study aims to find out how the laws of Friday prayers after Eid prayer in an Islamic perspective and how the laws of Friday prayers after Eid prayers during the Covid-19 pandemic. The research method used is library research (library research), namely through literature review related to the above problems, with normative and historical approaches. The research results found are as follows; First, the law of Friday prayers after the Eid prayer is disputed by scholars in three views: First opinion: Friday prayers are compulsory for people who attend holiday prayers like Friday on any other day. Second opinion: Rukhṣah is given to leave Friday prayers for Muslims who come from hamlets to the city to perform special prayers and Friday prayers. Third opinion: A person who has performed the Eid prayer, his obligation to perform Friday prayer is null and void, but it is appropriate for the priest to establish Friday prayers so that people who wish to attend them can attend. And for Muslims who have attended the holiday prayers, they are obliged to do the midday prayer on time if they do not do the Friday prayers. As for the law of implementing Friday prayers after the implementation of the Ied prayers in the midst of the Covid 19 pandema, the law of returning to the original law will still be mandatory for areas or zones that are still considered safe in carrying out Eid prayers in congregation

scholarly journals ANALISIS UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PEMBERIAN GANTI RUGI ATAS PROYEK PENGADAAN TANAH UNTUK KEPENTINGAN UMUM PERSPEKTIF HUKUM ISLAM

Hukum Islam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 58
Author(s):  
Chamim Tohari
Keyword(s):  
Comparative Analysis ◽  
Islamic Law ◽  
Research Library ◽  
Analysis Method ◽  
Structure Development ◽  
Library Research ◽  
General Importance ◽  
Research Type

This research focused to analyze arrangements about implementation of the loss subtitution gift for a land deliverance in the process of the land supplying which is attached in Indonesian‟s Contitution Number 2 Year 2012 in the perspective of Islamic Law. The problem which will answered in the research is about the arrangements is it according to the concept of the loss subtitution gift in Islamic law? The research is a normative law research library research type which is use a comparative analysis method as a method used to supply the answer of the problem in the research. The results of the research there are: First, in the perspective of fiqh problem in the research. The results of the research there are: First, in the perspective of fiqh importance reconstruction has been according to the concept of kafâlah in the conference and the loss substitution gift stage when agreement about the amount of the loss substitution reached . However in the next stage when the owner of land do not agree about amount of the loss substitution gift, the constitution has not been according to the concept ot kafâlah particularly, and the principles of the fiqh muamalah generally. Second, based on the fiqh siyasah perspective, the constitution can be concluded that it has been according to the principles of fiqh siyasah. Because the infra structure development for the general importance has been relevance to the maslahah of the citizen and the nation. Based on this argument, all of the citizen of Indonesia have to obey the constitution for the maslahah realization.

scholarly journals Penerapan Sanksi Pelanggaran Administratif Pemilu bagi Penyelenggara Pemilu

PLENO JURE ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 129-142
Author(s):  
Asbudi Dwi Saputra
Keyword(s):  
Law Enforcement ◽  
Deterrent Effect ◽  
Research Approach ◽  
Ordinary People ◽  
Legal Research ◽  
Research Results ◽  
Election Administration ◽  
The Law ◽  
Research Type

Penelitian ini bertujuan untuk mengetahui efektivitas penerapan sanksi pelanggaran administrasi pemilu bagi penyelenggara pemilu, karena penting diketahui tingkat penegakan hukumnya dimana hal tersebut dapat mempengaruhi jumlah suara perolehan pemilu. Artikel ini dibangun dengan tipe penelitian hukuym secara kualitatif dan menggunakan pendekatan penelitian hukum secara empiris. Hasil penelitian menunjukkan bahwa memahami penyelenggaraan pemilu butuh energi besar untuk benar-benar memahami agar dalam penyelenggaraannya tidak terjadi kesalahan. Anggaapan bahwa pemilu merupakan pesta rakyat biasa menyebabkan masyarakat melupakan bahwa konsekuensi dari kesalahan akan berdampak panjang hingga 5 tahun kedepan secara kongkrit. Hal ini juga mempengaruhi bahwa sanksi pelanggaran pemilu yang dianggap sebagai motivator untuk masyarakat dalam menaati hukum tidak berjalan sebagaimana diharapkan. Pada akhirnya artikel ini memperlihatkan penerapan sanksi Pelanggaran administrasi pemilu bagi penyelenggara pemilu tidak efektif karena sanksi yang dapat dijatuhkan bagi penyelanggara pemilu yang terbukti melakukan pelanggaran administratif pemilu hanya berupa teguran tertulis, tidak menimbulkan efek jera dan sanksi tersebut tidak berfungsi sebagai pencegahan agar penyelengara pemilu bekerja sesuai norma dan aturan yang berlaku.  Abstract. This study aims to determine the effectiveness of the application of sanctions for election administration violations for election organizers because it is important to know the level of law enforcement where it can affect the number of votes obtained in the election. This article was built with a qualitative legal research type and uses an empirical legal research approach. The research results show that understanding election administration requires a lot of energy to really understand so that there are no mistakes in the implementation. The assumption that elections are a party of ordinary people causes people to forget that the consequences of mistakes will have a concrete impact for the next 5 years. This also affects the sanctions for election violations that are considered as a motivator for the community to obey the law do not work as expected. In the end, this article shows that the application of sanctions for Election administration violations for election administrators is ineffective because the sanctions that can be imposed on election administrators who are proven to have committed an election administrative violation are only in the form of a written warning, do not cause a deterrent effect and these sanctions do not serve as a deterrent so that the election administrators work accordingly. prevailing norms and rules.

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

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

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.

Methodological and Sociological Analysis About The Fatwa Of Majelis Tarjih Muhammadiyah Concerning To The Muslim Marriage With An Ahl Al-Kitab

2018 ◽  
Vol 16 (2) ◽  
pp. 161
Author(s):  
Chamim Tohari
Keyword(s):  
Content Analysis ◽  
Natural Phenomenon ◽  
Research Approach ◽  
Contemporary Society ◽  
Sociological Analysis ◽  
Library Research ◽  
Empiric Data ◽  
The Law ◽  
The Difference

Relation between the different of religion comunity in the multicultural nation as in Indonesia be a natural phenomenon that it cannot be avoided. As to one of the problem that had appeared in this case is about wedding problem betweena moslem with the difference religion womans. Majority of the Indonesia religious scholars as scholar in Majelis Tarjih Muhammadiyah had been prohibiting wedding like that with various reason. while a part little of the contemporary moslem scholars have been permiting the wedding. The points which will discussed in this research is how is opinion of Majelis Tarjih Muhammadiyah about the law of wedding with the woman from Ahl Al-Kitab and its ijtihad methodology. This research should analyze the argumentation of the Majelis Tarjih that make forbidding a muslem married with the difference religion womans. This research using library research approach dan content analysis. The results of this research are: (1) Majelis Tarjih of Muhammadiyah forbidding the wedding with sad al-dzari’ah as its argumentation; (2) Majelis Tarjih’s opinion has been irrelevant because two reason, the mistake of methodology and the change of the Indonesian contemporary society (based on an empiric data). Keywords: Ahlu Kitab; Majelis Tarjih; Different Religion Marriage

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