Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

Zakat Tabungan Pensiun dalam Perspektif Fikih Islam

This research aims to find out the zakat obligations that must be paid by a pensioner related to the retirement savings he receives at retirement. This research used a qualitative descriptive research (non-statistical), which focused on the study of manuscripts and texts. The results of this study explain that retirement savings are legally equated with receivables that are no longer expected to be paid (already hard to pay), which are not subject to obligatory zakat, because pension savings cannot be disbursed at any time by the beneficiary except at a specified time, so even The savings are already sufficient in terms of nisab and haulnya prospective beneficiaries are not yet obliged to pay zakat. Beneficiaries may issue their zakat immediately after receiving the benefits if the nisab has been fulfilled in a tatawwu '(not mandatory) manner, even though the haul has not been sufficient.

Kontroversi Perbudakan dalam Perspektif Kaidah al-Aṣl fī al- Abḍā’ al-Tahrīm

This study aims to determine the explanation of slavery in the view of Islam and resolve the slavery controversy raised by liberals and non-Muslims who are trying to attack Islam with accusations of human rights violations and to find out in more detail the legal discussion of sexual relations outside of marriage (non-marital) in the perspective of the rules of al-Aṣl fī al-abḍā' al-tahrīm. This research is a descriptive-qualitative research with a normative juridical approach to analyze the data and obtain conclusions about the slavery controversy in the perspective of the al-aṣl fī al-abḍā' al-tahrīm rule. The results of the study reveal that in Islam the law of non-marital sexual intercourse or adultery has been regulated by Allah swt in the Qur'an and hadith absolutely, namely the law of lashing a hundred times or being exiled for a year for the adulterer ghairu muḥṣan (unmarried) and the law of stoning (married) for muan adulterers. So non-marital sexual relations are absolutely not allowed in the teachings of Islamic law, as the meaning of the rule of al-aṣl fī al-abḍā' al-tahrīm, namely the original law in jima 'or sexual relations between men and women are haram.

Hukum Safar bagi Wanita Tanpa Mahram Menurut Mazhab Syāfi’ī dan Hambalī

This study aims to find out the views of the Syāfi'ī and Hanbalī schools in the issue of safar for women without the company of mahrams. The research methods used are qualitative research through juridical-normative and comparative-analysis approaches. Where the research data focuses on the study of manuscripts and texts obtained through the classical jurisprudies of the two mażhabs, such as kitab al-um, Majmῡ', al-Mugnī, and other books related to safar for women without the company of mahram. The results of this study show that the Syāfi'ī school is of the view that in safar it is mandatory to do so with the position of the mahram that can be replaced by a trusted Muslim woman, or with a muslim girl group if the journey is safe from evil for herself and her religion. As for the view of the Hanbalī school, the existence of mahram is mandatory in women's safar, where this mandatory requirement applies in every obligatory journey or purpose of obligatory worship, even more so in the worship of sunah or safar mubah, and the tendency of this opinion refers to the specificity of the propositions about safar. An opinion that is more relevant to the current conditions in safar law for women without mahrams is the Syāfi'ī school, because it sees the changes and circumstances of the present times and also has the propositions naqlī and 'aqlī as supporters of this opinion, but still prioritizes the existence of mahram when it wants to bersafar.

Praktik Gadai Tanah Sawah di Desa Alatengae Maros Sulawesi Selatan dalam Perspektif Syariat

This study aims to identify and reveal the practice system of pawning paddy fields that often occurs in villages in Indonesia. This research is a descriptive-qualitative research that describes various conditions, situations or social phenomena that exist in rural communities. The approach used is normative juridical to examine theories, concepts, legal principles and laws and regulations related to this research by emphasizing the facts that occur in the field. The research location chosen was the village of Alatengae, Maros, South Sulawesi, as a representative of a number of villages in Indonesia that often practice pawning rice fields. After collecting and analyzing data regarding the legal practice of pawning paddy fields that occurred, the reality of the system of using pawned goods, in this case the pawned rice fields, is contrary to Islamic law and can be categorized as usury, because it is very detrimental to one party, namely the party who pawns. This is because the function rights or the harvested rice fields are fully owned by the party who received the pledge without any distribution of the results. Even though the original law, utilization may be carried out by the party receiving the pledge but only to return the costs used when managing or working on the rice fields.

Hak dan Batas Masa Ḥaḍānah Anak Pasca Perceraian Menurut Mazhab Syāfi’ī dan Hanbali

This study aims to determine the rights and limitations of parenting after parental divorce in the view of the Syafi' and Hanbali schools. Qualitative descriptive method (non-statistical) is a type of library research, focused on the study of manuscripts and texts, and uses a normative juridical approach. The results of this study indicate that both schools agree that the right to care for children aged 0-7 years is the right of the mother, both male and female. The difference of opinion between the two schools lies in boys aged 7 years, the Shafi'i school argues that children who are able to choose are given the opportunity to choose between their parents, while the Hanbali school argues that children aged 7 years -old children can have custody. from his parents. both parents, if they do not agree then the child is asked to make a choice. Meanwhile, girls who are 7 years old until they reach puberty must be raised by their father according to the Hanbali school, in contrast to the Shafi'i school which still gives the same choices as boys.

Batas Waktu Mengqasar Salat bagi Musafir Menurut Ulama Empat Mazhab

The purpose of this research; 1) to find out the opinions of four mazhab scholars on the issue of the time limit for a traveler to be able to make up his prayers, the background of the differences and the opinion that is rajih. This research uses qualitative research through library research. Methods of normative theological approach and comparative approach. Research results; First, the Hanafi Mazhab: a traveler can make up his prayers for 15 days. Maliki and Shafi'i Mazhab; A traveler may make up his prayers for 4 days other than the day he arrives and leaves. Hanbali Mazhab: a traveler may make up his prayer for 4 days or 20 times of obligatory prayer, including the day of arrival and departure. The rajih views are the Shafi'i and Maliki Mazhab; Second, differences of opinion occur because this issue includes issues that are not explicitly discussed in the Shari'a ('amrun maskuutun 'anhu fi al-syar'i) so that each opinion is only guided by the conditions and actions quoted from the Prophet. The reason is because this issue is a problem that is not explicitly discussed in the Shari'a ('amrun maskuutun 'anhu fi al-syar'i). This triggers a difference of opinion regarding the traditions of the Prophet Muhammad. about traveling; Third, the opinion that is rajih in this matter is the opinion of the Shafi'i Mazhab and the Maliki Mazhab.

Metode Penetapan Hukum Nikah Misyār Perspektif Yusuf al-Qarḍāwī

This study aims to determine the law of misyār marriage according to Yusuf al-Qarḍāwī and the things that underlie his opinion regarding the law. This research is a qualitative research with the type of literature study (Library Research), using a historical normative approach. The results achieved from this study are: First, the law of misyār marriage according to Yusuf Al-Qarḍāwī is legal. Second, the legal basis of Yusuf Al-Qarḍāwī in determining the law of permissibility is the Qur'an, hadith, and ijma' using the ijtihad insya'i method.

Penggunaan Cadar dan Konsekuensinya bagi Muslimah (Analisis Komparatif Antara Wahdah Islamiyah dan Jemaah Tablig)

This study aims to identify and understand the differences in the use of the veil and its consequences for Muslimah Wahdah Islamiyah and Jama'ah Tablighi. Problems in research; (1) what is the use of the veil and the consequences for Muslimah Wahdah Islamiyah?; (2) what is the use of the veil and the consequences for Muslimah Jama'ah Tablighi? This research uses descriptive qualitative research with field research methods (Field Research). Using normative, historical and sociological approaches. Primary data sourced directly from sources. Secondary data in the form of literature and documents in the form of books, articles and others. The results showed that Muslimah Wahdah (MW) and Masturah had different views on the law of wearing the veil. Muslimah Wahdah (MW) places greater emphasis on independence for all cadres and sympathizers and even Muslim women in general to make their own choices. Choose an opinion that requires the wearing of the veil or choose an opinion that views the sunnah. There is no coercion and intervention. While Masturah is more likely to adhere to the opinion that requires the wearing of the veil, especially to all Muslim women of the Tablighi Jamaat. As for the selection of the model and the color of the veil used, there were no significant differences between these two Muslim da'wah movements. However, Muslimah Wahdah (MW) is more lenient in this regard. The consequences they face when wearing the veil are generally the same. Challenges from the family and community that they must face.

Pembagian Harta Warisan Sebelum Pewaris Meninggal Dunia dalam Tinjauan Hukum Islam (Studi Kasus di Desa Gentungan Kecamatan Bajeng Barat Kabupaten Gowa

This study examines the distribution on inheritance before the heir dies in the Gantungan community. The perpose of this research is to find out; implementation of the distribution on inheritance before the heir dies, as well as the distribution of inheritance before the heir dies in a review of Islamic law. This research uses qualitative research throught normative theological approach and inductive approach. The results show that the implications of the distribution of inheritance process by giving inheritance to the heirs before the oewner of the property dies, but some of them divide the inheritance after the heir dies. People in general do not understand the timing of the distribution of inheritance, the type of inherited property and the process of dividing the inheritance. As for when viewed from Islamic law, then this a grant because in Islamic law inheritance occurs because of the principle of death.