1,721,002 research outputs found
Rekonstruksi Kewarisan Islam: Studi Hermeneutika Ibn Abbas atas Ayat-ayat Waris
Get PDFThis study intends to analyze the hermeneutics of Ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn, the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word "walad" refers to children generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself
Teknik pembagian waris dengan menggunakan asal masalah 24 dan tabel waris
Get PDFIslam mengharuskan peralihan harta dari si mati atau pewaris kepada ahli warisnya sesuai dengan hukum Allah yang tertuang dalam teks Alquran dan Hadis. Ketentuan kewarisan yang bersumber dari teks-teks suci tersebut dirumuskan oleh ulama dalam suatu ilmu pengetahuan yang disebut ilmu farâiḍ atau ilmu mawârits. Terlepas dari perintah dan dorongan yang diberikan untuk mempelajari ilmu kewarisan, disiplin ilmu ini kurang diminati, bahkan ilmu tersebut dianggap sulit dipelajari apalagi untuk dilaksanakan. Faktor yang menjadikan ilmu tersebut sulit diantaranya adalah mengenai teknis penentuan asal masalah dan penentuan bagian masing-masing ahli waris. Penelitian ini bertujuan untuk menghilangkan hambatan-hambatan tersebut. Penelitian ini merupakan jenis penelitian normatif dengan pendekatan konseptual. Data primer diambil dari referensi kitab kewarisan Islam khususnya kewarisan Sunni sementara data sekunder berasal dari artikel jurnal dan buku terkait dengan kajian penelitian. Hasil penelitian menunjukkan bahwa dengan menggunakan tabel waris kesulitan penentuan bagian ahli waris dapat diatasi secara mudah tanpa harus membaca diberbagai bab yang dijelaskan secara terpisah dalam kitab farâiḍ. Sementara itu, penentuan asal masalah dapat dilakukan dengan mudah dengan menggunakan sistem asal masalah 24 untuk semua kewarisan tapa harus berpikir panjang apakah akan menggunakan cara al-tamâtsul, al-tadâkhul, al-tawâfuq, atau al-tabâyun
Judges’ ratio decidendi to accept and reject interfaith marriage in the perspective of Indonesian positive Law
Get PDFThe existence of interfaith marriages in Indonesia does not yet have regulations that clearly regulate its implementation. This causes differences in decisions given by judges in each case. Ratio decidendi is a reason or argument used by judges to give a decision in a case that is always based on applicable laws and regulations. In addition to the absence of regulations that regulate exactly the implementation of interfaith marriages, the difference of opinion given by the judges in decisions related to the implementation of interfaith marriages makes people even more confused about the legality of implementing interfaith marriages in Indonesia. The purpose of this study is to analyze the ratio decidendi of judges in each decision, whether from a decision to reject or grant a decision, as well as to analyze the perspective of Indonesian positive law regarding the implementation of interfaith marriages. This study uses a type of normative juridical research that uses a case approach and a comparative approach. The results of this study in general are that actually interfaith marriage cannot be justified in its implementation, because there are several laws that actually regulate marriages carried out by two people who have different religions and beliefs
Pro Kontra ‘Aul Dalam Kewarisan Islam: Studi Komparatif Antara Pandangan Sunni dan Syiah
Get PDFInheritance receives great attention in Islam due to the existence of verses in the Koran which explains in detail the basic concept of it. Nevertheless, there are several problems which arise and aren't found ways to resolve them in the Koran and Hadith. Therefore, scholars took independent reasons (ijtihad) to solve the problems. Among these problems is the problem of excess portion of inheritance or lack of inheritance to be distributed to the heirs according to fard (Koranic portion). The purpose of this study is to explain how Sunni and Shi'a scholars solve the problem and explain what lies behind the views of both. This study is a comparative normative one with a qualitative approach. Primary data is taken from Sunnite and Shiite books. While secondary data comes from journal articles and books related to the topic of discussion. The results of the study showed that Sunniite resolved cases of property shortages by means of ‘aul that is by reducing the portion of the heirs equally. Whereas the Shiites opposed the concept with the excuse of the impossibility for Allah to determine fard to the heirs for assets that did not cover the portions
Rekonstruksi kewarisan Islam: studi hermeneutika Ibn Abbas atas ayat-ayat waris
Get PDFThis study intends to analyze the hermeneutics of ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn, the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word "walad" refers to children generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself
Perbandingan Penerapan Konsep Kalalah dalam Pemikiran Hukum Waris Islam
Get PDFThis study aims to comprehensively describe the thoughts associated with the concept of kalalah in Islamic inheritance and compare the application of the concept. This study is a type of normative juridical research with conceptual and comparative approaches. The results showed that brothers/sisters can only inherit property if the heir dies in a state of kalalah. Kalalah is defined as a person who dies without children and parents, except for Hazairin who states that he has no children or descendants. Differences related to the concept of kalalah are not only related to the definition of children and parents but also to the understanding of brothers/sisters. Jumhur ulama of Sunnite, Shia, and Islamic Law compilation (ILC) classify brothers/sisters into full, uterine, and consanguine ones. Meanwhile, Hazairin and Syahrur only mentioned relatives in general without classifying the types of brothers. Jumhur ulama in relation to uterine brothers, children are defined as son and daughter. While the parents are defined as the father and paternal grandfather. Furthermore, in relation to the share of full and consanguine brothers, the child is defined as the son, and the parent is defined as a father. ILC stipulates that children (boys/girls), and father exclude all types of brothers to inherit. For Shiah, brothers/sisters can be hindered by children in general, father and mother. According to Hazairin, only children and their descendants can hinder the brothers. Meanwhile, Syahrur determines that brothers/sisters can be hindered by children and descendants hls. and parents hhs
Ijtihad Istinbati dan Tatbiqi
Get PDFThis study aims to examine the concept of ijtihad istinbati and ijtihad tatbiqi in the context of Islamic law development that is adaptive to social reality. Ijtihad istinbati focuses on determining the law based on shar'i principles, while ijtihad tatbiqi emphasizes the application of the law in the actual context. This study uses a qualitative method with a literature review approach, examining classical and contemporary works of ushul fiqh that discuss the dynamics of ijtihad. The results show that the integration of the two types of ijtihad is very important in answering modern legal issues. Ijtihad istinbati provides a normative foundation, while ijtihad tatbiqi guarantees the relevance of the law to changing social conditions. This study emphasizes that the balance between text and context is key in developing Islamic law that is responsive and solution-oriented to the challenges of the times
Kriminalisasi poliamori perspektif hukum pidana Islam dan kitab Undang-Undang Hukum Pidana Baru di Indonesia (sertifikat hak cipta)
Get PDFKriminalisasi Poliamori Perspektif Hukum Pidana Islam Dan Kitab Undang-Undang Hukum Pidana Baru Di Indonesi
LGBT marriage from the perspective of Jasser Auda's Systems Theory
Get PDFLGBT (Lesbian, Gay, Bisexual, Transgender) marriage is one of the highly controversial topics worldwide. This issue has led to three different stances among countries, namely those that support, oppose, and remain neutral (without specific governing laws). This research aims to discuss the analysis of LGBT marriage from the perspective of Jasser Auda's System Theory. The goal is to understand the legality of LGBT marriage in Indonesia and how LGBT marriage is viewed from the standpoint of Jasser Auda's system theory. This study falls under the category of normative juridical research, considering law as what is written in legislation. The approach used is a descriptive-analytical approach, where the researcher attempts to analyze legal issues using Jasser Auda's system theory. The research findings indicate that LGBT marriage cannot be legalized in Indonesia based on the system theory. Through the analysis of six system features: first, Cognitive Nature, it is found that LGBT marriage is considered forbidden as it goes against the natural order, human instincts, and is deemed an act of Satan. In terms of Wholeness, it is also forbidden due to its immorality, exceeding boundaries, and bringing punishment. Concerning Openness, LGBT marriage is considered harmful to religion, society, health, and various other fields. Furthermore, in terms of Interrelated Hierarchy, LGBT marriage is deemed inconsistent with maqashid al-ammah, khassah, and juz'iyyah, as well as the social nature of humans, conflicting with established norms
Legal implications of breast milk donation on the Lactashare platform perspective of Sadd al-Dzari’ah
Get PDFThe advancement of digital platforms has led to innovations such as breast milk donation through Lactashare. While this addresses nutritional needs for infants, it raises complex legal issues, particularly in Islamic jurisprudence regarding lineage and mahram relationships. This study examines the legal implications of breast milk donation from the perspective of Sadd al-Dzari’ah, a principle in Islamic law that emphasizes harm prevention. Utilizing a qualitative case study design, the research draws from in-depth interviews with the founder of Lactashare and relevant legal documents to explore how the institution navigates regulatory, ethical, and religious challenges. The study applies thematic analysis to examine the procedural safeguards, identity verification systems, and legal documentation practices, particularly the issuance of mahram certificates and donor-recipient records. The findings reveal that while Lactashare implements various safeguards in line with Islamic principles, such as donor screening, recording mahram certificates, and compliance with fatwas, it still faces challenges in completely preventing legal ambiguity regarding milk kinship, especially in areas outside Malang and Jakarta where monitoring is limited to online reporting, these risks are possible but uncertain and are likely to be outweighed by significant benefits to infant health especially in Indonesia, where stunting and infant mortality rates are high. This study contributes to Lactashare’s ability to anticipate these risks with a digital tracking system, the appointment of regional coordinators, intensive education, and strengthening regulations through legal agreements. Collaboration with local health and religious institutions is also expected to enhance supervision and legal protection. However, this study has limitations. It only focuses on the perspectives of Lactashare founders and legal documents, so further study is needed to capture the experiences and views of other stakeholders, such as donors, recipients, health professionals, and religious scholars. Despite these limitations, this work provides fundamental insights for policymakers, religious authorities, and digital health platforms on how to align technological innovation with Sharia law using the Sadd al-Dzari’ah framework
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