Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah

Persepsi Tokoh Agama Pondok Pesantren Hidayatullah Balikpapan Tentang Anak Sah Menurut Pasal 99 Ayat 1 KHI

Hidayati Hidayati — 2022-09-24

This research is motivated by differences in the perception of religious leaders of the Hidayatullah Islamic boarding school in Balikpapan in responding to the provisions of legal children as regulated in Article 99 paragraph 1 of the KHI, considering whether or not a child is legal is a very important matter. The purpose of this study was to determine the perception of the religious leaders of the Hidayatullah Islamic Boarding School about the legitimate children contained in the article as well as a review of Islamic law. This type of research is a descriptive field research. In collecting data, the researcher used interview techniques with informants, namely religious leaders who were at the Hidayatullah Islamic boarding school in Balikpapan, then the data was analyzed by data reduction, data display, and data verification. In the article it seems as if it gives legal tolerance to children born in legal marriages, even though the distance between marriage and the birth of children does not reach the minimum age limit of the womb, so that while the baby in the womb is born when the mother is in a marriage that is legal child, then the child can be called a legitimate child as well. In conclusion, in Islam a legitimate child is a child born as a result of a relationship between a man and a woman in a legal marriage, a child can be assigned to his father at least 6 months after the marriage, this is not regulated in positive Indonesian law.

Kehidupan Anak Yang Orang Tuanya Poligami di Desa Sagu Flores Timur

Zahidah Azzah Faizah — 2022-09-24

This study is motivated by the existence of the life of children in polygamous families. At the age of vulnerable children with surrounding conditions, the task of parents in accompanying and helping to meet the needs of children is very important. Polygamous parents certainly know the additional burdens of polygamy in Islam. The purpose of this study is to find out the life of children whose parents are polygamous by reviewing Islamic law. This type of research is a descriptive field study. In data collection, researchers use interview techniques to informants and observations, as well as data analysis with data reduction, data display, and data verification. From this study it was found that children's lives are fulfilled in terms of biophysical. However, 3 out of 4 children in other needs such as mental, social and spiritual terms are not well met. The conclusion of this study, which is reviewed from Islamic law, is only fulfilled in terms of finances. However, there will be no mental, social and spiritual needs that are a priority in Islam. So that this unbalanced thing makes children abandoned in terms of spirituality, and this is not in accordance with Islamic law.

Tinjauan Hukum Islam pada Praktik Mappasikarawa Dalam Perkawinan Suku Bugis

Alfina Damayanti — 2022-10-06

Mappasikarawa is a ritual after the marriage contract in the Bugis tradition. This study aims to find out how the Mappasikarawa ritual practice and the legal review of munakahat. This research is a field research with analytical descriptive research method. Data collection techniques using interview techniques to informants. The data that has been collected is processed by editing and analyzed based on a review of the munakahat law. After the marriage ceremony, the bridegroom is taken to the bride's room. The bridegroom is directed to sit opposite each other on the bed, then Pappasikarawa guides the bridegroom's thumb to touch the bride's body while praying for it. According to the munakahat legal review, the mappasikarawa ritual is permissible because the implementation of the ritual does not contain any harm and does not conflict with Islamic law. this is a true 'Urf.

Dampak Nikah Paksa Karena Hak Ijbar (Studi Kasus di Kel. Teritip Balikpapan Timur)

Nurhayati Nurhayati — 2022-10-12

Forced marriages due to ijbar rights have become commonplace among the people in the Teritip Village. Ijbar is coercion in the sense of marriage which is fully owned by the guardian, namely the father or grandfather. Scholars in viewing forced marriages have different opinions from the object of forced marriage to whether the marriage is legal or not. In this case, the impact of forced marriage because the right of ijbar has two connotations, negative and positive. Some have a bad or negative impact and some have a good impact.

This research is a type of field research, which is qualitative in nature, by describing and analyzing the impact of forced marriage due to the right of ijbar. Data collection techniques that researchers use are observation, interviews and literature study. Then the presentation of the data that has been found in descriptive form, and drawing conclusions

The results of the research that the researchers got based on the data found, the researchers concluded, there were two different impacts from the cases that the researchers studied. There are cases that end happily and have a positive impact, some end in failure and have a negative impact. The negative impact outweighs the positive impact. The positive impacts are: Parents help their children to find a man who is well known by their parents too, children don't have to worry about a mate who doesn't come because parents help and engage in choosing a mate for their child. The negative impacts are: There is no sense of love and affection that arises in the household based on a sense of compulsion, the household becomes inharmonious and uncomfortable to live and what is more fatal is the occurrence of divorce, an act that although lawful but is hated by Allah

Istri Menẓihar Suami Menurut Ibnu Qudamah (Studi Kitab Al-Mugni Jilid 9)

Sitti Ramlah — 2022-10-22

Ẓihār tidak jatuh kecuali dari suami, hal tersebut merupakan kesepakatan jumhur. Namun jika terdapat istri berkata kepada suaminya “Engkau bagiku seperti punggung ayahku,” maka terjadi silang pendapat mengenai konsekuensi perkataan istri tersebut. Jumhur memandang tidak sah ẓihār yang dilakukan istri sebagaimana dalam surah al-Mujādalah ayat 3, sehingga tidak ada kafarat baginya, baik kafarat ẓihār ataupun sumpah. namun hal ini berbeda dengan perkataan Ibnu Qudāmah, meskipun ia tidak menganggap ẓihār yang dilakukan istri jatuh, namun ia tetap mengharuskan istri menunaikan kafarat ẓihār jika suami mencampurinya. Penelitian ini bertujuan untuk mengetahui pendapat serta istinbāṭ hukum yang digunakan oleh Ibnu Qudāmah, serta mengaitkannya dengan pandangan tinjauan hukum islam mengenai persoalan tersebut