El-Ahli : Jurnal Hukum Keluarga Islam

PERALIHAN HAK WARIS MENJADI WASIAT WAJIBAH KEPADA AHLI WARIS MURTAD

Karina Novian Muriani R — 2024-06-12

One of the conditions for someone to receive inheritance is that one of the family members dies (muwaris) and leaves behind his/her assets. Then the heirs can obtain a portion of the inheritance in accordance with the applicable provisions (faraid). However, things are different if one of the heirs is of a different religion or converts from Islam to a religion other than Islam (apostatizes), then according to Islamic jurisprudence scholars, he is no longer an heir and absolutely does not receive a share of the inheritance of the muwaris. This article uses a qualitative descriptive method with data collection techniques in the form of literature. This article is interesting to discuss in more depth because if an heir has apostatized, he will not receive a single cent of inheritance from the muwaris because Islamic law states that a Muslim cannot inherit from a non-Muslim. This is also clearly regulated in the Compilation of Islamic Law (KHI). However, there is another option if an heir who was previously Muslim becomes an apostate, but he still wants to get a share of the inheritance, Therefore, Islamic law in Indonesia permits it by way of a mandatory will, on the condition that the gift of assets does not exceed 1/3.

KEDUDUKAN KOMPILASI HUKUM ISLAM DALAM POLITIK HUKUM KELUARGA DI INDONESIA

lindamelinda melinda — 2024-06-13

The Compilation of Islamic Law is the first codification of Islamic law in Indonesia which is used as a legal guide for Religious Court Judges to decide cases related to marriage, endowments and inheritance. However, is this compilation of Islamic law considered binding law or is it just a guide for judges? Therefore, the author intends to research the position of the Compilation of Islamic Law in family law politics in Indonesia using qualitative research methods in the form of literature studies sourced from books, laws, journal articles and other sources that are appropriate to the material studied. And the research results show that the position of this Compilation of Islamic Law in the Hierarchy of National Legislation until now is still in the form of Presidential Instruction Number 1 of 1991. Meanwhile, the Presidential Instruction is only limited to providing direction, guiding, mentoring, in terms of carrying out tasks and work. So if you look at article 7 of Law Number 12 of 2011, this Presidential Instruction does not include the Type, Hierarchy and Content of statutory regulations. Therefore, the position of the Compilation of Islamic Law in family law politics in Indonesia is still weak. However, what is meant by weak here is not weak in terms of the content of the Compilation of Islamic Law but only its position. However, this Compilation of Islamic Law is really needed and very important for the Muslim community, therefore the author hopes that its position can be improved so that it becomes a law that is not just a guideline for judges, but a law that Muslims can follow. in Indonesia.

ANALISIS PENDAPAT MUHYUDDIN AL NAWAWI YANG MENGANJURKAN MEMILIH JODOH BERAGAMA ISLAM SERTA DAPAT MENAMPAKKAN PERMAINAN MENARIK

Haddad Ulum Harahap — 2024-06-17

Mahyuddin Alnawawi has compiled the book Almajmu' fi Syarhi al Muhazdzdab in twenty volumes. Meanwhile, the book al Muhazdzdzab li Asysyafi'i consists of four volumes compiled by Ibrahim al Syirozy. Al Nawawi's greatness in compiling the book made it famous. However, after reading his opinion regarding men choosing their future wives, they only recommend women who are religious, intelligent and good at making them happy. There are too few criteria for women as potential wives. Even though there are still many shortcomings. In the discussion, the library-style muqaran tahlily method is used. After the changes were made, a conclusion was obtained that Mahyuddin al Nawawi stated that men are circumcised by marrying women who have religious knowledge and are good at following their husband's good tastes, Muslim men are obliged to marry Muslim women and Muslim women are obliged to marry men who are Muslim. Muslims too, it would be better to add criteria for men and women in choosing their soul mate by the Al-Qur'an and hadith

UṢUL FIQH ‘INDAL MAŻHAB AL-IMĀM AHMAD BIN HAMBAL WA AṠARUHU FĪ AL-QAḌĀYA AL-ŬMMAH AL-ISLĀMĪYAH

Dedisyah Putra — 2024-06-19

The views of some people who state that Imam Ahmad bin Hambal is not known as a fiqh expert. He was better known as a hadith expert in his time. Wrestle around the science of hadith and explore this field. In the science of hadith, there is no known qiyas and ijma 'as contained in the science of ushul fiqh. In the study of the science of hadith, the truth is very clear and vice versa. Consideration of benefits and harms tends to be more frightening when compared to a problem understood by the system that applies in the science of ushul fiqh. This research is a qualitative literature review that discusses the position of Imam Ahmad bin Hambal and his followers in the spread of the knowledge of ushul fiqh. As a result of this research, it can be concluded that Imam Ahmad bin Hambal has a real contribution to the spread of the science of ushul fiqh and its application in the lives of Muslims. This is at least marked by the number of Imam Ahmad bin Hambal's teachers who are experts in the science of ushul fiqh as well as his students who care and practice ushuliyah rules to answer religious problems that occur in the community. Their work has contributed to the life of Muslims as a rebuttal to the assumption by some people that Imam Ahmad bin Hambal or the Slavi school is very minimal in the study of ushul fiqh so that it tends to be more extreme compared to other schools of thought. In fact, if we are honest, then we will find that the Slavi school has a major contribution to the development of the science of ushul fiqh even though in legal fatwas it is still more likely to interpret an issue of Islamic law through the approach of hadith fiqh.

Keywords: Usul Fiqh, Imam Ahmad bin Hambal, Islamic Law

TINJAUAN MAQASHID SYARIAH TERHADAP KONSEP SAKINAH BAGI SUAMI PERANTAU DI DESA LOJI KECAMATAN SIMPENAN KABUPATEN SUKABUMI

Taufiq Ramadhan — 2024-06-29

The purpose of this study is to analyse the concept of sakinah for overseas husbands from the perspective of Maqashid Syariah. This research aims to find out the suitability of efforts to maintain household harmony by overseas husbands with the principles and objectives of sharia, as well as to understand the impact of overseas on communication and relationships in the family. The research method used is qualitative with the type of case study research (field research). The results of this study indicate that: The maqashid sharia review of the Sakinah family for the husband of migrants in loji village, simpenan sub-district, sukabumi has implemented their rights and obligations in the 5 elements, namely maintaining religion, soul, mind, offspring, and property. In addition, the concept of building a sakinah family in loji village, simpenan sub-district, sukabumi for migrating couples is that wives are willing to be left by their husbands to migrate out of town but communication must be maintained continuously, either by chatting whatapps, telephone or video call, and husband and wife can maintain trust. The impact of the husband's migration is positive and negative. The positive is that the family economy has improved, while the negative is the loss of the father's role in the family and the rights of children and other wives are also not fulfilled.

TEKNOLOGI AI DALAM MEMPERKAYA INTERPRETASI DAN PEMAHAMAN FIQH SEBAGAI REVOLUSI METODOLOGI

Amrar Mahfuzh Faza — 2024-06-29

The digital revolution in Islamic studies, especially Fiqh, marks a new era in understanding and interpreting Islamic law through Artificial Intelligence (AI) technology. In Islamic Family Law, the challenges of interpreting and applying law in a dynamic socio-cultural context require innovative research methodologies. This study fills the knowledge gap by integrating AI into Fiqh methodology, providing a new perspective in addressing contemporary issues in Islamic Family Law. Using qualitative and descriptive-analytical approaches, this study combines analysis of Islamic legal norms with empirical observations of AI applications, analyzing data from journal reviews, documentation, and literature. The results show that AI can identify patterns and themes in relevant Islamic legal texts, facilitating more dynamic and evidence-based interpretations, and paving the way for a broader understanding of legal principles in the context of modern life. The implications for theory and practice in Islamic Family Law are significant, encouraging integration between Islamic legal tradition and technological innovation, and offering more adaptive solutions to evolving issues in Islamic Family Law. This study suggests the development of AI algorithms that are more sensitive to socio-cultural contexts and expanding the database for analysis as future research directions.