scholarly journals Relevansi Kompilasi Hukum Islam Dengan Madzhab Hanafiyyah

2020 ◽  
Vol 8 (2) ◽  
pp. 238-259
Author(s):  
Moh. Dliya'ul Chaq
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Descriptive Model ◽  
Library Research ◽  
Basic Understanding ◽  
Legal Construction ◽  
The Guardian

Paragraph 1, article 6 KHI and fiqih madzhab hanafiyyah both state the mandatory approval of the prospective bride. The similarity between the two raises the proposition that the article on women's consent in the KHI is relevant to the hanafiyyah school of thought. But in reality, the logical formulation sequence of the hanafiyyah version of the agreement law is built on the basic understanding that women have rights rather than their guardians so that guardians have no rights in marriage, seemingly incompatible with the Islamic Law Compilation. This encourages the importance of the hadith study on women's consent. Through a literature review (library research) with a comparative analytical descriptive model, it is concluded; First, the hadith for women's consent is understood by hanafiyyah that women are more entitled than their guardians to the agreement, contract and other things. In other languages, guardians do not have rights over their daughters so that guardians are not a condition or harmonious in marriage. Second, there is no relevance between KHI and fiqih madzhab hanafiyyah, because in the legal construction between the two is different, where women's approval of their marriage in the hanafiyyah school is based on the basic stipulation that the guardian does not have the authority to approve or marry so that the guardian is not needed in marriage, while KHI states that women only have the authority to approve their marriage while still giving marriage authority to the guardian of marriage.

scholarly journals Tinjauan Hukum Islam terhadap Relasi Agama dan Negara dalam Perspektif al-Ghazali

2020 ◽  
Vol 3 (2) ◽  
pp. 186-199
Author(s):  
Jamaludin
Keyword(s):  
Islamic Law ◽  
Religious Order ◽  
Moral Politics ◽  
Library Research ◽  
Head Of State ◽  
The World ◽  
Religion And State ◽  
State Relations ◽  
The Guardian ◽  
The Relationship

This research aims to analyze the relationship between religion and country in the perspective of Islamic law. Among the scholars who are referenced in religious and state relations is al-Ghazali. His thoughts on the concept of religion and country are interesting to research. This research uses descriptive-qualitative methods in the form of library research. The results showed that between religion and state has a connection, so al-Ghazali analogizes religion and the king as 'two twins', of which religion is a foundation, while the king is the guardian. Something without a foundation will easily collapse and a foundation without guards will disappear. The existence of the king is a necessity for the order of the world, the order of the world is a necessity for religious order, and religious order is a necessity for the attainment of the welfare of the hereafter. Unequivocally, al-Ghazali said that a country that ignores morals (morals, ethics) will gradually suffer destruction or destruction. To that, al-Ghazali offers five ideal and moral conceptions of the state. The five conceptions are interdependence towards happiness, the fusion of science with religion and morals, moral-politics, the head of state who is sincere, and moral in international relations and deeds.

scholarly journals Reposisi Qanun Desa Berbasis Kearifan Lokal Dalam Upaya Penegakan Syariat Islam di Tingkat Gampong/Desa

2019 ◽  
Vol 6 (1) ◽  
pp. 1-16
Author(s):  
Muhammad Rusdi Bin Muhammaddiah Muhammad Ihsan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Cultural Anthropology ◽  
Research Literature ◽  
District Level ◽  
The Other ◽  
Village Level ◽  
Track Record ◽  
Library Research ◽  
The Village

This research is an attempt to understand and explain the repositioning of qanun based local wisdom in the effort of enforcing Islamic law at the village. In the context of Acehnese society (after the implementation of Islamic Sharia rules), at the village has not accommodated the implementation of Islamic law such as the establishment of village qanun in the areas of worship, syiar and adat gampong. Qanun gampong should be an extension of Acehnese qanun atprovincial, district/city level based on local wisdom of community/gampong community. Therefore, this study is an effort to re-functioning local qanun based on local wisdom which is not contradictory to higher qanun province, regency/municipality qanun where village qanun will be able to balance the implementation of Islamic law between qanun syariat Islam in Aceh with village qanun. Interest to review this concept, especially as an effort to raise the spirit of Islam at the village level. On the other hand, it is also interesting to see how the track record of the implementation of Islamic Shari'a in the gampong level. This research is descriptive, with approach of Shari'ah discipline and cultural anthropology. Techniques of collecting data through Library Research (literature review), and Indepth interviews with informants are capable with this study. The results of this study indicate that the village apparatus is still hesitant in forming the Islamic Shari'ah qanun because it is absent at the district level, so one of the efforts to restore the village qanun position which previously had not existed was to integrate the value of local wisdom in qanun, in addition to not be separated from the Islam law    

scholarly journals Perkawinan Tradisi Jujuran dalam Adat Bugis Perantau di Kutai Kartangera: Suatu Kajian Perbandingan dengan Hukum Islam

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 121
Author(s):  
Eko Rial Nugroho ◽  
Abdul Wahid
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Research Data ◽  
Legal Research ◽  
Library Research ◽  
Marriage Contract ◽  
Research Problems ◽  
Traditional Marriage ◽  
The Guardian

One of the marriage processions is the presence of dowry. The culture of giving dowry differs from one region to another. The practice of the jujuran tradition in Kuala Samboja Village, Samboja District, Kutai Kartanegara District has social impacts, including men feeling restrained to get married. Whereas Islam provides convenience, so that each can enjoy a halal and good relationship. The problem is how is the comparison between marriage with the jujuran tradition in the Bugis nomads in Kutai Kartanegara with marriage in Islamic Law. The research method is a normative legal research that bases its analysis on legislation related to the research problems studied. The approach in this study is a doctrinal approach. Sources of research data are secondary data, namely data obtained from library research in the form of legal materials consisting of primary legal materials, secondary legal materials, tertiary legal materials. The results of the study, first, the jujuran tradition is a unity in the traditional marriage procession of the community of Kuala Samboja Village, Samboja District, Kutai Kartanegara Regency. The jujuran tradition is one of the benchmarks for the sustainability of marriage plans. The principle of marriage in the jujuran tradition is that marriage will not be carried out or canceled, if the jujuran cannot be fulfilled by the prospective bridegroom and his family. Secondly, marriage in Islam must fulfill the terms and conditions of marriage. The marriage guardian is one of the important elements in a marriage contract because marriage will no longer valid if it is done without guardian. There has been event that a marriage guardian refusing to marry his daughter on the grounds of contradicting the syara’, a reason that are not justified by the law of shara 'which is referred to as adhal (reluctant) then there must be replaced by wali hakim. The position of the wali hakim in the process of the marriage as the guardian in lieu of the guardian of the prospective bride or replacing the position of the nashab guardian who, due to certain circumstances, cannot or does not want to become a marriage guardian for his daughter. The position and authority of the judge's guardian is the same as the nashab guardian or guardian of the bride lady who is under his guardianship.

scholarly journals Status Hukum Wali Nikah bagi Ayah Pelaku Incest terhadap Anak Kandung: Tinjauan Empat Mazhab dan Kompilasi Hukum Islam

2018 ◽  
Vol 12 (1) ◽  
pp. 161
Author(s):  
Ahmad Fatah ◽  
Sri Utami
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Biological Child ◽  
Library Research ◽  
The Subject ◽  
The Guardian

<p>The purpose of this study was to describe the legal status of the guardian of marriage for the father of the incest against the biological child. This study is limited to a review of four schools and the Compilation of Islamic Law (KHI). This study is a library research, which is to examine several basic and secondary references to discuss the subject matter of the study. The results of this study state that guardian marriage is one of the pillars of marriage and there is no marriage if there is no guardian. A marriage is considered invalid if there is no guardian who allows the bride to leave the bridegroom. Thus the presence of guardians in marriage can play a role in protecting women from possible disadvantages in their marital life. As for the marriage guardian, it is regulated in Article 19 to Article 23 Compilation of Islamic Law. Imam Maliki, Shafi'i, and Hambali argue that guardians are a legitimate condition of a marriage, while Imam Abu Hanifah argues that a woman may marry herself without a guardian. The legal basis of the opinions of Imam Maliki, Shafi'i, and Hambali are several hadiths. The opinion of Imam Abu Hanifah based on the hadith of the Prophet narrated by Bukhari and Muslim from Ibn Abbas r.a.</p>

scholarly journals Relationship of Maqasid al-Shari�ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects)

2020 ◽  
Vol 3 (2) ◽  
pp. 231
Author(s):  
Nur Hasan
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Islamic Law ◽  
Social Issues ◽  
Library Research ◽  
Close Relationship ◽  
History Of ◽  
The Law ◽  
Relationship Of

Studies on maqasid al-shari�ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari�ah�s concept, the figures� thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari�ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari�ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari�ah can�t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari�ah have a close relationship with method istinba? al-�hkam in usul al-fiqh,� as qiyas,� maslahah al-mursalah, al-�ari�ah �and istihsan. While in terms of application, maqasid al-shari�ah together with usul al-fiqh namely departing from the proposition of naqli (revelation) and �aqli (reason) which is global and analyzes various opinions in deciding Islamic law. It�s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari�ah emphasizes the divine aspect behind the law.� That�s why to see relationships among maqasid al-shari�ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari�ah and usul al-fiqh in terms of historical, methodological and applicative.

scholarly journals THE LAW OF PRODUCTIVE ZAKAT IN ISLAM AND ITS IMPACT TOWARDS ECONOMY

2020 ◽  
Vol 4 (2) ◽  
pp. 10-21
Author(s):  
Anwar
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Islamic Law ◽  
Economic Value ◽  
Active Role ◽  
Know How ◽  
Library Research ◽  
Wide Range ◽  
Islamic Science ◽  
Collection Methods

The purpose of zakat is to develop socio-economic value, and it will be hard to be achieved if there is no active role from the organizer (amil) whom is expected to be professional and innovative in organizing the zakat funds. The objective of this research is to know how the zakat productive empowerment in Islamic law perspective. This research used Library Research. The researcher gathered from the books, journals, magazines, and some reports related to the study. Scientific investigation is a form of qualitative research as it pertains to Islamic science that comes from al-Quran and al-Hadith. Generally, there are three instruments known in the data collection, namely observation, interviews and documents study or literature review. This research used only the documents or literature review. Therefore, Data collection methods used to obtain information related to zakat productive in Islamic law perspective is only based on the documentation method. Documentation is inscribed objects that can provide a wide range of information. To meet this method, data is collected based on information obtained from libraries and documents related to the problems of this study. The result of this research is Productive zakat empowerment according to Islamic law is justifiable, as long as pay attention to the basic needs for each mustahiq in the form of consumptive urgent to be addressed immediately.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

Isolasi Sosio-Budaya Masyarakat Orang Asli di Malaysia dan Kesannya Terhadap Pentafsiran Hukum Islam

2020 ◽  
Vol 21 (1) ◽  
pp. 1-20
Author(s):  
Paiz Hassan ◽  
Mohd Anuar Ramli
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Islamic Law ◽  
Way Of Life ◽  
Low Literacy ◽  
Orang Asli ◽  
Library Research ◽  
Local Background ◽  
Negative Perceptions ◽  
Closed Door

Majority of the indigenous people who are the original inhabitants in Malaysia inhibit the remote area of tropical forest which is rich in natural resources. Their lives are separated from the outside community due to several factors such as geography, low literacy, negative perceptions of the surrounding community, and the closed-door attitude of the indigenous people. Consistent preaching activities have changed the faith of the indigenous people from animism orientation towards believing in the Oneness of God. The practice of Islam as a way of life in the lives of indigenous peoples is found to be difficult to practice because the fiqh approach presented to them does not celebrate their local condition. In this regard, this study will examine the socio-cultural isolation of indigenous peoples and their impact on the interpretation of Islamic law. To achieve this objective, the researchers have applied the library research method by referring to the literatures related to the discussion of Islamic scholars in various disciplines of fiqh and usūl al-fiqh. The research found that there is rukhsah and taysir approach given to isolated people as well as with local background to facilitate the religious affairs of the indigenous people. Abstrak Majoriti masyarakat Orang Asli yang merupakan penduduk asal di semenanjung Malaysia mendiami kawasan pedalaman di hutan hujan tropika yang kaya dengan khazanah alam. Kehidupan mereka terasing daripada masyarakat luar disebabkan beberapa faktor seperti geografi, kadar literasi yang rendah, pandangan negatif masyarakat sekitar dan sikap tertutup masyarakat Orang Asli. Gerakan dakwah yang dijalankan secara konsisten telah membawa perubahan kepercayaan sebahagian masyarakat Orang Asli daripada berorientasikan animisme kepada mempercayai Tuhan yang Esa. Pengamalan Islam sebagai cara hidup dalam kehidupan masyarakat Orang Asli didapati agak sukar untuk dipraktikkan lantaran pendekatan fiqh yang disampaikan kepada mereka tidak meraikan suasana setempat mereka. Sehubungan itu, kajian ini akan meneliti keadaan isolasi sosio-budaya masyarakat Orang Asli dan kesannya terhadap pentafsiran hukum Islam. Bagi mencapai objektif tersebut, pengkaji menggunakan kajian kepustakaan sepenuhnya dengan menelusuri literatur berkaitan dengan perbincangan sarjana Islam dalam pelbagai disiplin ilmu fiqh dan usul fiqh. Hasil kajian mendapati terdapat rukhsah dan pendekatan taysir diberikan kepada mereka yang hidup terasing serta berlatar belakang budaya setempat bagi memudahkan urusan keagamaan masyarakat Orang Asli.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

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.

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