Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Hukum ‘Azl: Kajian Mukhtalaf al-Hadith
Full text linkThis paper aims to examine and understand the traditions about ‘azl by presenting different traditions, finding ways of understanding solutions with the methods mentioned above from the views of previous scholars, and taking legal conclusions from existing understandings. At the end, this paper concludes two things. First, that the hadith narrated above there are differences in terms of sanad and matan and affect the difference in the legal conclusions of the scholars regarding the permissibility of 'azl in absolute terms or with the permission of his wife. Second, that on the basis of al-jam'u muqaddam 'ala al-naskh wa al-tarjih li annahuma ihmal ahad al-dalilayn, then by way of compromise that there is no sarih explanation from the Prophet. about the prohibition of ‘azl because of the qauli hadith of the Prophet. history of Abu Sa'id al-Khudriy ra. shows the meaning that 'azl should not be done, the fi'ly hadith narrated by Ibn Mas'ud ra. just showing dislike without forbidding, hadith fi'ly narrated by Umar ra. as a prohibition containing only makruh tanjih, while the taqriry hadith narrated by Jabir ra. as evidence that there was no rebuke to the ‘azl.
Abstrak: Tulisan ini bertujuan untuk mengkaji dan memahami hadis-hadis tentang ‘azl dengan menampilkan hadis-hadis yang berbeda, mencari jalan solusi pemahaman dengan metode-metode tersebut di atas dari pandangan para ulama terdahulu, dan mengambil konsklusi hukum dari pemahaman-pemahaman yang ada. Di bagian akhir, tulisan ini menyimpulkan dua hal. Pertama, bahwa hadis-hadis riwayat diatas terdapat perbedaan dari segi sanad dan matan dan mempengaruhi perbedaan kesimpulan hukum dari para ulama tentang bolehnya ‘azl secara mutlaq atau dengan adanya izin dari istrinya. Kedua, bahwa dengan dasar al-jam’u muqaddam ‘ala al-naskh wa al-tarjih li annahuma ihmal ahad al-dalilayn, maka dengan jalan kompromi bahwa tidak ada penjelasan sarih dari Nabi saw. tentang keharaman ‘azl karena hadis qauli Nabi saw. riwayat Abu Sa’id al-Khudriy ra. menunjukan makna seyogyanya ‘azl tidak dilakukan, hadis fi’ly riwayat Ibn Mas’ud ra. menunjukan ketidak sukaan saja tanpa mengharamkan, hadis fi’ly riwayat Umar ra. sebagai larangan yang mengandung makruh tanjih saja, sedang hadis taqriry riwayat Jabir ra. sebagai bukti tidak ada teguran secara sorih terhadap ‘azl tersebut.
Management of the Surabaya Syariah Namira Hotel in the Perspective of Sharia Hotel Principles and Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014
Full text linkThis research is a field research to highlight service of the Surabaya Syariah Namira Hotel in the perspective of sharia hotel principles and Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014. To elaborate on that theme, there are two core issues that will be answered, namely: how is the management of the Surabaya Syariah Namira Hotel? And how is the management of the Surabaya Syariah Namira Hotel in the perspective of Sharia principles and the Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014? The data obtained through observation, interview and documentation. The results showed that the service and management of the Surabaya Syariah Namira Hotel is carried out in accordance with the internal hotel regulations and completed with facilities as required in sharia hotel. While based on sharia principles and the Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014, the Surabaya Syariah Namira Hotel is adequate to be classified as sharia hotel and as the Hilāl-1 category
Analisis Maqāṣid al-Sharī’ah Yusuf Qardhawi dan Abdullah Ibn Baz Tentang Hukum ‘Azl
Full text linkThis study aims to describe Yusuf Qardawi and Abdul Aziz bin Abdullah bin Baz idea about the law of 'azl and find out the opinion of Yusuf Qardawi and Abdul Aziz bin Abdullah bin Baz about the law of 'azl in terms of Maqāṣ̱id shari'ah perspective. The purpose of marriage is that one of them wants to carry out a lineage, but some couples still want to focus on careers, work and managing economic problems, therefore they want to postpone pregnancy first, as for the way they are taken to prevent pregnancy, namely by doing 'azl. 'Azl is an effective way of not using other contraceptives. This study reviews about 'azl (interrupted intercourse) in the perspective of Maqāṣid shari'ah. The method that the author uses in this research is a qualitative method. In this study there are three data, namely primary, secondary, tertiary. The data collection method used by the author is a literature study in the form of data from various literary sources. The data analysis technique used by the author is descriptive data analysis. To explain analyzing the existing data, the author compares maqāṣid shari'ah against the views of Yusuf Qardawi with Abdul Aziz bin Abdullah bin Baz on the law of 'azl. The findings from this study are that Yusuf Qardhawi's opinion if 'azl is associated with Maqāṣid shari'ah then it is classified as a ḥājīyāt need. It because a married couple can manage pregnancy and the number of children they want, while the opinion of Abdul aziz bin Abdullah bin baz if 'azl is associated with Maqāṣid Shari'ah is classified as a dharūrīyat need because he wants Muslims to become many
Ijbar Nikah di Kampung Sidosermo Dalam Surabaya Perspektif Hukum Islam
Full text linkThis article discusses about the forced marriage in Sidosermo Dalam Surabaya to be analyzed by Islamic law. This research is field research and is qualitative in nature. Data were collected through interviews and documentation, then analyzed deductively. The forced marriage still occurs in Sidosermo Dalam Surabaya. Marriage was motivated by several reasons: the factor of parents' concern for their child, the factor of family relations, the existence of myths, the existence of Syafii's understanding of fiqh that allows the forced marriage, and economic factors. The forced marriage can occur in girls and boys even though they are adults. In Islamic law, all schools of thought think that the permissible marriage permit is for girls who are not yet mature, while for those who are adults or who are widows there is a dispute between the imam of the mazhab. In the KHI, the forced marriage should not occur because the marriage can be carried out with the consent of the two prospective brides
Fenomena Pesta Pernikahan Adat Dayak di Tengah Keragaman Beragama
Full text linkLegal marriages according to Islamic law are not necessarily legal according to Dayak customary law. The bride and groom must hold a traditional Dayak wedding ceremony in which there are things that are contrary to Islamic law, such as cutting pigs, wine and begendang party. This study is a qualitative research with symbolic interpretative approach using observation, interviews and documentation in the data collection. Primary data were directly obtained from interviews with religious leaders, Dayak traditional demons and Dayak indigenous people. There are three variants of the views of the Muslim Dayak community on the traditional Dayak Sungai Melayu Rayak wedding ceremony procession, namely: theological normative, sociological normative and sociological empirical. There are two categories and philosophical reasons for the preservation of the traditional wedding ceremony procession by the Dayak religious Leaders and Demong Dayak Adat Melayu Sungai Rayak, namely internal and external. Internal reasons include: the sacredness of marriage, the commitment of marriage, the practice of plurality in the family and the procession of the traditional wedding ceremony that is a culture that needs to be preserved and maintained because it can create inter-religious harmony. While external reasons include: avoiding the moral sanction that is not recognized, social sanctions are excluded, namely economic sanctions imposed fines and the last is controlling
Metode Hitungan Bagian Banci dalam Waris Islam: Analisis dan Praktik
Full text linkThe concept of Islamic inheritance always proposes justice and the principle of benefit. The contradiction of age and the performance of body shaping does not become the standars in dividing inheritance. The differentiate between men and women often becomes chatter in controversy discussion. While, the hermaphrodit or khuntha sometimes are forgetten. In Islamic inheritance view, the hermaphrodit has a special portion and get portion, so this research’s aim to describe the counting methode of hermaphrodit portion in Islamic inheritence. The method is qualitative with the library research. Describing about the hermaphrodit al portion position and counting theirs portion as detail as possible. As the result in this research, the hermaphrodit are ddivided in to two parts; first, before they adult, they were called as khuntha mushkil al-raja’ (whom are still can not determine the gender and they still have hope), second, khuntha mushkil thula hayatihi (the hermaphrodit for their whole life and have no hope). Then, the hermaphrodit is counted for twice. Counting as the men and as the women. The hermaphrodit get a half of men inheritance and a half from women inheritance. Cause, the problem of both of counting of hermaphrodit portion times with the number two as a formula, until the value of the hermaphrodit inheritance is in the middle of men and women
Dinamika Penjatuhan Talak Melalui Whatsapp dalam Paradigma Pembaharuan Hukum Keluarga Islam
Full text linkThis article aims to describe the paradigm of Islamic family law reform against the dynamics of the imposition of divorce through WhatsApp media, one of the problems often faced in various divorce cases. This paper is classified as a qualitative type, with the approach used being library research. Data analysis was carried out using descriptive-analytical techniques. The results of this article indicate that the adoption of divorce via WhatsApp according to most legal scholars is valid with the qiyas approach as the delivery of divorce through writing in the form of a letter. Meanwhile, in the paradigm of reforming Islamic family law in Indonesia, the imposition of divorce via WhatsApp is considered invalid, considering that the validity of the divorce is only recognized when it is sworn in before the court. This paradigm is based on various efforts to achieve the benefit, especially to avoid arbitrary actions by the husband against his wife unilaterally in terms of imposing divorce and obtaining legal legality
Analisis Syar’iyyah Ijtihad Umar Bin Khattab terhadap Hadd Sariqah
Full text linkUmar bin Khattab acknowledged as a reformer in Islamic Criminal Law. He considered as a source of authority for liberal Muslim thinkers over his thoughts. His ideal of ijtihad differ from what being understood in the Qur'an and Sunnah which raises the pros and cons among the companions. Even liberal thinkers consider Caliph Umar bin Khattab has a hermeneutic consciousness and an actual rationalist figure. One example of his ijtihad is declining the implementation of hadd punishment of cutting off hands for thieves under certain circumstances. The research aims to re-examine of Umar bin Khattab ijtihad, especially on hadd of sariqah. This research is a qualitative literature review, where data come from the Quran, Hadith, and references which further analyzes by descriptive-analytical methods. The result of the study showed that inapplicability of sariqah punishment due to the emergencies, namely famine. Also, there was doubt in the crime that caused Umar to abhor the punishment. Based on these reasons, then Umar's ijtihad is allowed according to the Shari'ah and not a form of Shari'ah deconstruction
Analysis of Islamic Law and Law No. 56 PRP 1960 on the Practice of Pawning Paddy Fields in the Village of Malang
Full text linkThis is field research entitled "Review of Islamic Law and Law Number 56 Prp of 1960 Against Pawn Pawn Practices in Jambesari Village, Poncokusumo District, Malang Regency". This study has two objectives, namely: how the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency and how to analyze Islamic law and Law no. 56 Prp Th. 1960 on the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency. The results of this study are that: first, the practice of pawning rice fields by the people of Jambesari Village, Poncokusumo District, Malang Regency is carried out by making an oral pawn agreement from both parties for a certain period; and second, the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency is in accordance with the opinion of the Hanafiyah scholars. However, contrary to the number of Maliki, Shafi'i and Hanbali scholars, it is mainly related to the use of pawned land which tends to have an element of coercion
Potret Relasi Suami-Istri Jamaah Mentaok Kotagede dalam Kajian Social Exchange
Full text linkThis article aims to explore the portrait of the husband-wife relationship of the Yogyakarta Mentaok Congregation. The discussion is preceded by a study of husband and wife in the family, followed by a picture of the relationship pattern of the Mentaok Congregation Kotagede Yogyakarta, and then the shift in roles in the family of the Mentaok congregation in a social exchange review. The method used in this article is field research which is then analyzed deductively using a social exchange approach. The results of this study illustrate at least three patterns of relations between the Mentaok congregation: first, husband and wife work, and the wife takes care of domestic work. Second, the husband and wife work while other people care for their household work. The third form is husband and wife work, and both plunge into the domestic sphere. In a review of social exchange, researchers found that there is reciprocity in the family of the Yogyakarta Kotagege Mentaok Congregation, which is mutually beneficial and, at the same time, demands a sacrifice for a family