AlIstinbath Jurnal Hukum Islam最新文献_第10页

Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah

AlIstinbath Jurnal Hukum Islam Pub Date : 2018-06-29 DOI: 10.29240/jhi.v3i1.420

E. Elfia

{"title":"Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah","authors":"E. Elfia","doi":"10.29240/jhi.v3i1.420","DOIUrl":"https://doi.org/10.29240/jhi.v3i1.420","url":null,"abstract":"This research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qath'i, and the principle of ijbari in inheritance.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84682759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Penentuan Mut’ah Wanita Karir dalam Pandangan Hukum Positif Indonesia 从印尼积极的法律观点来判断职业女性

AlIstinbath Jurnal Hukum Islam Pub Date : 2018-06-29 DOI: 10.29240/jhi.v3i1.406

Sanuri Majana

{"title":"Penentuan Mut’ah Wanita Karir dalam Pandangan Hukum Positif Indonesia","authors":"Sanuri Majana","doi":"10.29240/jhi.v3i1.406","DOIUrl":"https://doi.org/10.29240/jhi.v3i1.406","url":null,"abstract":"The purpose of this research is to know how to give mut’ah if the divorced woman is a career women; Whether the establishment is the same with ordinary women who are not career women. This research is a library research in which the secondary data were obtained from interviews using literature literature such as the Qur'an and hadith. Research begins by way of describing the description of the problems of the data obtained, then drawn conclusions with inductive techniques.In this article, it can be concluded the determination of mut’ahtalak for career women, that is first, the determination of mut’ahtalak for career woman in positive law view in Indonesia is based on propriety contained in article 160 KHI and applies not only to career woman. Sufficiency is worthy or not the amount for the wife in terms of husband's economic ability. Second, the determination of mut’ah for career woman based on propriety and ability of husband as in article 160 KHI. According to the jurisprudence of the judge,the propriety is reasonable whether or not the number is seen from the aspect of the husband's economic capability as well as the aspect of his wife, and also there are the customs prevailing in the environment of the relevant parties in accordance with surah al-Baqarah verse 236.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81014491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal 对非法一夫多妻制实施刑事制裁的问题

AlIstinbath Jurnal Hukum Islam Pub Date : 2018-06-29 DOI: 10.29240/JHI.V3I1.419

J. Roszi

{"title":"Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal","authors":"J. Roszi","doi":"10.29240/JHI.V3I1.419","DOIUrl":"https://doi.org/10.29240/JHI.V3I1.419","url":null,"abstract":"This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"45 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90482118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Pattern of Nahdlatul Ulama’s Ijtihad Nahdlatul Ulama的伊智提哈德模式

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v15i2.24

M. Kamal, A. Muchtar

{"title":"The Pattern of Nahdlatul Ulama’s Ijtihad","authors":"M. Kamal, A. Muchtar","doi":"10.36667/istinbath.v15i2.24","DOIUrl":"https://doi.org/10.36667/istinbath.v15i2.24","url":null,"abstract":"In line with the socio-religious dynamics in society, various problems surrounding fiqh have also developed, most of which have not been absorbed in the legal thinking of the scholars. Concerning issues commonly referred to as masa’il fiqhiyyah al-hadithah, scholars have institutional mechanisms to solve these problems. Nahdlatul Ulama, the most prominent Islamic religious organization in the country, is also concerned with masa’il fiqhiyyah al-hadithah through the Bahtsul Masa’il (BM-NU) mechanism. However, the BM-NU legal istinbath framework is unique, because it is different from the legal istinbath framework that previous scholars had—such as the legal istinbath framework used by Abu Hanifah and Muhammad Ibn Idris al-Syafi’i, also different from the legal istinbath framework with mass organizations. Other Indonesian Islam—such as the legal istinbath framework of the Persis Hisbah Council and the legal istinbath framework of Majlis Tarjih and the Development of Muhammadiyah Islamic Thought. The uniqueness is mainly because the legal istinbath framework adopted by BM-NU tends to present themselves as muttabi’ ulama and does not present themselves as mujtahid clerics as is generally understood by fuqahâ.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78678593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Rights of Non-Muslims in an Islamic State 非穆斯林在伊斯兰国家的权利

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v15i2.28

Rudi Rudi, Yaman Suryaman

引用次数: 0

Metode Azimuth Kiblat dan Rashdul Kiblat dalam Penentuan Arah Kiblat 方济角和二角角法

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v15i2.26

Ila Nurmila

引用次数: 2

Tinjauan Filosofis tentang Epistemologi Usul Fikih Berbasis Metode Jama’i 基于Jama 'i法的哲学探究主义理论

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v15i2.23

H. Bisri

引用次数: 0

Konsep Tathbîq dalam Pemikiran Hukum Islam

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v16i2.22

M. Kamal

引用次数: 0

Human Rights Concept in Islamic Legal Thought 伊斯兰法律思想中的人权观念

AlIstinbath Jurnal Hukum Islam Pub Date : 2017-01-21 DOI: 10.36667/istinbath.v15i2.25

Dede Husni Mubarok, Akbar Musaddad

引用次数: 1