Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.6095
Filda Rahma Saidah, Muhammad Zaki Fahmi
{"title":"Management of Long Distance Marriage for Overseas Female Worker Profession on Family Resilience in Kendal Regency","authors":"Filda Rahma Saidah, Muhammad Zaki Fahmi","doi":"10.23971/el-mashlahah.v13i1.6095","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.6095","url":null,"abstract":"","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131541593","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}
Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.5791
Kefi Miftachul Ulum, Mohammad Khoirul Ulum
The growth of single investor identification on September 29 2022 reached 9.76 million, dominated by millennials with a percentage of 59.43%, and when compared to the total population of Indonesia, the share of investor growth is around 3.6%. Calculation of growth recapitulation is based on account opening through Perantara Pedagang Efek (PPE) both conventionally and sharia. Investors who enter the stock exchange consist of various types who have their own goals, so they have the potential risk of codifying securities on ISSI and JII of the formation of maisir , garar , darar and causing mafsadat . This study aims to analyze the screening standards in the legal protection of Sharia capital market investors. This research is normative legal research with a breakdown of 536 sharia issuers and analyzed through industry sectoral typologies and regulations 15/POJK.04/2015 and 35/POJK.04/2017. The results of this study found 7 issuers in the technology and film sectors that passed the DES, so deficiencies in the standard screening procession need to be improved by sectoral-based screening methods in the Sharia issuer index procession to increase the application of Sharia principles.
{"title":"Screening Standards in Sharia Capital Market Investor Legal Protection","authors":"Kefi Miftachul Ulum, Mohammad Khoirul Ulum","doi":"10.23971/el-mashlahah.v13i1.5791","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.5791","url":null,"abstract":"The growth of single investor identification on September 29 2022 reached 9.76 million, dominated by millennials with a percentage of 59.43%, and when compared to the total population of Indonesia, the share of investor growth is around 3.6%. Calculation of growth recapitulation is based on account opening through Perantara Pedagang Efek (PPE) both conventionally and sharia. Investors who enter the stock exchange consist of various types who have their own goals, so they have the potential risk of codifying securities on ISSI and JII of the formation of maisir , garar , darar and causing mafsadat . This study aims to analyze the screening standards in the legal protection of Sharia capital market investors. This research is normative legal research with a breakdown of 536 sharia issuers and analyzed through industry sectoral typologies and regulations 15/POJK.04/2015 and 35/POJK.04/2017. The results of this study found 7 issuers in the technology and film sectors that passed the DES, so deficiencies in the standard screening procession need to be improved by sectoral-based screening methods in the Sharia issuer index procession to increase the application of Sharia principles.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126393936","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}
Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.5333
Risma Nur Arifah, A. Ahmad, Silvana Oktavia Rochmawati
Trademark cancellation can be done by registered trademark owners, such as PT. Pos Indonesia filed a trademark cancellation suit against the DIPOSIN mark because the mark has similarities in principle to the Pos Indonesia mark and its registration was carried out in bad faith. The judge granted the lawsuit for the cancellation of the DIPOSIN mark in part and the cancellation decision was not implemented. So, because of this, there is a legal inconsistency that results in the absence of legal certainty for brand owners who have good intentions. This study aims to discuss the judges' considerations in Decision number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby and the application of the principle of legal certainty according to Sudikno Mertokusumo. This research is normative legal research using statutory, conceptual, and case approaches. This research shows that based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications the judge's consideration in Decision Number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby is appropriate however, the implementation of the decision to cancel the trademark is not appropriate with what has been set. This decision gave rise to an inconsistency of norms which resulted in the absence of legal certainty for brand owners. According to Sudikno Mertokusumo, for the law to function in a real way, the law must be upheld, because then the law becomes a reality and the law must reflect legal certainty, benefit, and justice.
商标注销可以由注册商标所有人进行，例如PT. Pos Indonesia .由于该商标与Pos Indonesia商标在原则上具有相似性，并且其注册是恶意进行的，因此对DIPOSIN商标提起了商标注销诉讼。法官部分批准了撤销DIPOSIN商标的诉讼，撤销决定未得到执行。因此，正因为如此，法律上的不一致导致了对有良好意图的品牌所有者缺乏法律确定性。本研究旨在探讨第8号判决书/ pdt . su - hki /Merek/2020/PN.Niaga中法官的考量。根据Sudikno Mertokusumo的说法，法律确定性原则的适用。这项研究是规范性的法律研究，使用成文法、概念和案例方法。本研究表明，基于2016年第20号关于商标和地理标志的法律，法官在第8/ pdt . su - hki /Merek/2020/PN.Niaga号决定中考虑。但是，撤销决定的执行与已经确定的内容不相适应。这一决定引起了规范的不一致，导致品牌所有者缺乏法律确定性。Sudikno Mertokusumo认为，要使法律真正发挥作用，法律必须得到维护，因为这样法律才能成为现实，法律必须反映法律的确定性、利益和正义。
{"title":"Trademark Cancellation of The PT. DIPOSIN in The Principle of Legal Certainty by Sudikno Mertokusumo","authors":"Risma Nur Arifah, A. Ahmad, Silvana Oktavia Rochmawati","doi":"10.23971/el-mashlahah.v13i1.5333","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.5333","url":null,"abstract":"Trademark cancellation can be done by registered trademark owners, such as PT. Pos Indonesia filed a trademark cancellation suit against the DIPOSIN mark because the mark has similarities in principle to the Pos Indonesia mark and its registration was carried out in bad faith. The judge granted the lawsuit for the cancellation of the DIPOSIN mark in part and the cancellation decision was not implemented. So, because of this, there is a legal inconsistency that results in the absence of legal certainty for brand owners who have good intentions. This study aims to discuss the judges' considerations in Decision number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby and the application of the principle of legal certainty according to Sudikno Mertokusumo. This research is normative legal research using statutory, conceptual, and case approaches. This research shows that based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications the judge's consideration in Decision Number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby is appropriate however, the implementation of the decision to cancel the trademark is not appropriate with what has been set. This decision gave rise to an inconsistency of norms which resulted in the absence of legal certainty for brand owners. According to Sudikno Mertokusumo, for the law to function in a real way, the law must be upheld, because then the law becomes a reality and the law must reflect legal certainty, benefit, and justice.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129223449","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}
Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.5345
Evi Eka Elvia, Abdul Mujib, Azhar Nor, Muhammad Imanuddin Akbar
The practice of musyarakah financing in Islamic banking allows conflicts to occur between parties, the most dominating conflict in financing practices is the default. Arbitration is one of the non-litigation dispute resolution forums that can be used in resolving musyarakah financing disputes in Islamic banking. The purpose of this study was to analyze the settlement of default disputes on musyarakah financing practices which were resolved through the Badan Arbitrase Syariah Nasional (BASYARNAS). This research is normative legal research using a statutory approach. The results of the study show that financing disputes in Islamic banking occur because there are default factors behind them, namely intentional factors and negligence factors. Both of these factors can give a loss to the creditor (Bank) as the provider of funds. Musyarakah financing dispute settlement in Islamic banking is an agreement of the disputing parties. If it is contained in the agreement clause which states that dispute resolution is carried out through BASYARNAS, then BASYARNAS has the authority to resolve the dispute as stipulated in the law. In an era of disruption full of change and innovation, arbitration with the online system is an important matter in resolving disputes at BASYARNAS.
{"title":"BASYARNAS as a Place for Dispute Resolution of Musyarakah Financing in Sharia Banking in the Disruption Era","authors":"Evi Eka Elvia, Abdul Mujib, Azhar Nor, Muhammad Imanuddin Akbar","doi":"10.23971/el-mashlahah.v13i1.5345","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.5345","url":null,"abstract":"The practice of musyarakah financing in Islamic banking allows conflicts to occur between parties, the most dominating conflict in financing practices is the default. Arbitration is one of the non-litigation dispute resolution forums that can be used in resolving musyarakah financing disputes in Islamic banking. The purpose of this study was to analyze the settlement of default disputes on musyarakah financing practices which were resolved through the Badan Arbitrase Syariah Nasional (BASYARNAS). This research is normative legal research using a statutory approach. The results of the study show that financing disputes in Islamic banking occur because there are default factors behind them, namely intentional factors and negligence factors. Both of these factors can give a loss to the creditor (Bank) as the provider of funds. Musyarakah financing dispute settlement in Islamic banking is an agreement of the disputing parties. If it is contained in the agreement clause which states that dispute resolution is carried out through BASYARNAS, then BASYARNAS has the authority to resolve the dispute as stipulated in the law. In an era of disruption full of change and innovation, arbitration with the online system is an important matter in resolving disputes at BASYARNAS.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123916473","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}
Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.5623
Muhammad Aulia Rahman, Roibin Roibin, Nasrulloh Nasrulloh
Before the wedding, the prospective husband and wife in the Dayak Ngaju Palangka Raya community made a pre-marriage agreement in the presence of the Damang (Adat figure). One of the core points of the agreement is that there is a fine for whoever causes a divorce in the household. This is unique and different from marriage agreements in general and in Islam. This study aims to analyze Dayak Ngaju customary fines in pre-marriage agreements implemented by the Dayak Ngaju community to minimize divorce. This research is empirical legal research using a case approach. The primary sources of this research are interviews, documentation, observations, and secondary sources in the form of books, as well as the views of scholars who have discussed this issue. Then this problem is analyzed using the theory of Maslahah Mursalah Ramdhan Al-Buthi. The results of this study indicate that according to the perspective of Adat figure regarding customary fines in pre-marriage agreements carried out by the Dayak Ngaju community, it is a good thing, not only to maintain the customs of their ancestors but also to contain far more meaningful values, namely protecting the existence and maintaining commitments in the marriage. From the perspective of Maslahah Mursalah Ramadhan Al-Buthi, these customary fines are not contrary to Islamic law, if they do not exceed the specified corridors, do not conflict with the higher Al-Quran, Sunnah, Qiyas, and Maslahah, and customary fines may be carried out if the four conditions these limits are not violated.
{"title":"Dayak Ngaju Customary Fines in Pre-Marriage Agreement to Minimize Divorce in The Perspective of Maslahah Mursalah Ramadhan Al-Buthi","authors":"Muhammad Aulia Rahman, Roibin Roibin, Nasrulloh Nasrulloh","doi":"10.23971/el-mashlahah.v13i1.5623","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.5623","url":null,"abstract":"Before the wedding, the prospective husband and wife in the Dayak Ngaju Palangka Raya community made a pre-marriage agreement in the presence of the Damang (Adat figure). One of the core points of the agreement is that there is a fine for whoever causes a divorce in the household. This is unique and different from marriage agreements in general and in Islam. This study aims to analyze Dayak Ngaju customary fines in pre-marriage agreements implemented by the Dayak Ngaju community to minimize divorce. This research is empirical legal research using a case approach. The primary sources of this research are interviews, documentation, observations, and secondary sources in the form of books, as well as the views of scholars who have discussed this issue. Then this problem is analyzed using the theory of Maslahah Mursalah Ramdhan Al-Buthi. The results of this study indicate that according to the perspective of Adat figure regarding customary fines in pre-marriage agreements carried out by the Dayak Ngaju community, it is a good thing, not only to maintain the customs of their ancestors but also to contain far more meaningful values, namely protecting the existence and maintaining commitments in the marriage. From the perspective of Maslahah Mursalah Ramadhan Al-Buthi, these customary fines are not contrary to Islamic law, if they do not exceed the specified corridors, do not conflict with the higher Al-Quran, Sunnah, Qiyas, and Maslahah, and customary fines may be carried out if the four conditions these limits are not violated.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115116579","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}
Pub Date : 2023-06-30DOI: 10.23971/el-mashlahah.v13i1.4382
A. Asman, Resali bin Muda
This study discusses the controversy over the marriage agreement in the form of taklik talak contained in the marriage book. The purpose of this study was to analyze the pros and cons of the reading of taklik talak on the bride and groom after consent was granted in the Indonesia-Malaysia border community in Sambas Regency, West Kalimantan. The method in this study is to use empirical legal research with a sociological approach. Primary data was obtained using observation, interview, and documentation techniques. The results of this study indicate that of the ten respondents interviewed six couples did not know the existence of a marriage agreement (taklik talak) and did not pronounce it. while the other four couples did not know the taklik talak but recited it. The occurrence of pros and cons to the existence of taklik talak in the marriage book is due to the lack of information submitted by the BP4 during premarital guidance to the prospective bride and groom, besides that, some people do not know the use and purpose of taklik talak. Whereas the existence of taklik talak as a marriage agreement aims to protect the rights of the wife so that the husband does not arbitrarily fulfill his obligations. The marriage agreement contained in the taklik talak is in line with Islamic law.
{"title":"Controversy of Marriage Agreements in Indonesia-Malaysia Border Communitites in Sambas Regency","authors":"A. Asman, Resali bin Muda","doi":"10.23971/el-mashlahah.v13i1.4382","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v13i1.4382","url":null,"abstract":"This study discusses the controversy over the marriage agreement in the form of taklik talak contained in the marriage book. The purpose of this study was to analyze the pros and cons of the reading of taklik talak on the bride and groom after consent was granted in the Indonesia-Malaysia border community in Sambas Regency, West Kalimantan. The method in this study is to use empirical legal research with a sociological approach. Primary data was obtained using observation, interview, and documentation techniques. The results of this study indicate that of the ten respondents interviewed six couples did not know the existence of a marriage agreement (taklik talak) and did not pronounce it. while the other four couples did not know the taklik talak but recited it. The occurrence of pros and cons to the existence of taklik talak in the marriage book is due to the lack of information submitted by the BP4 during premarital guidance to the prospective bride and groom, besides that, some people do not know the use and purpose of taklik talak. Whereas the existence of taklik talak as a marriage agreement aims to protect the rights of the wife so that the husband does not arbitrarily fulfill his obligations. The marriage agreement contained in the taklik talak is in line with Islamic law.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115343273","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}
Pub Date : 2022-12-31DOI: 10.23971/el-mashlahah.v12i2.4397
A. Kamaludin, I. Iskandar
Acts of terrorism are often associated with Islamic teachings, which lead to a bad stigma against Islam. Cases of terrorism in Indonesia occur almost every year, which the shocking case of terrorism is the Bali bombing which killed 202 foreigners. The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law. The research used descriptive analysis, with the type of normative juridical research. The approach was historical and conceptual. The study showed that acts of terrorism defending Islam cannot be justified because terrorism has political intentions. Islam is a religion of raḥmatan lil ‘Ālamīn which loves good and hates evil. The government’s efforts to mitigate acts of terrorism in Indonesia are by making preventive efforts in the form of legal protection for someone suspected of adhering to terrorist radicalism. Prevention efforts are intended for, national preparedness, counter-radicalization, deradicalization, and fostering religious insight. In addition, the efforts made are by giving the role of society and mass organizations to perform moral movements.
恐怖主义行为通常与伊斯兰教义联系在一起，这导致了对伊斯兰教的不良污名。印度尼西亚几乎每年都会发生恐怖主义案件，其中令人震惊的恐怖主义案件是造成202名外国人死亡的巴厘岛爆炸事件。本研究旨在从伊斯兰刑法的角度分析印尼的伊斯兰教狂热和恐怖主义问题。本研究采用描述性分析，具有规范性的法学研究类型。这种方法是历史性的和概念性的。该研究表明，捍卫伊斯兰教的恐怖主义行为是不合理的，因为恐怖主义有政治意图。伊斯兰教是一种宗教of ra¥matan lil ~ Ä€lamÄ«nÂ它爱善恨恶。印尼政府为减轻恐怖主义行为所做的努力是采取预防性措施，为涉嫌参与恐怖主义激进主义的人提供法律保护。预防工作的目的是，国家准备，反激进化，去激进化，并促进宗教洞察力。此外，还通过赋予社会和群众组织进行道德运动的作用来作出努力。
{"title":"Islamic Fanatism and Terrorism Cases in Indonesia the Perspective of Islamic Criminal Law","authors":"A. Kamaludin, I. Iskandar","doi":"10.23971/el-mashlahah.v12i2.4397","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v12i2.4397","url":null,"abstract":"Acts of terrorism are often associated with Islamic teachings, which lead to a bad stigma against Islam. Cases of terrorism in Indonesia occur almost every year, which the shocking case of terrorism is the Bali bombing which killed 202 foreigners. The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law. The research used descriptive analysis, with the type of normative juridical research. The approach was historical and conceptual. The study showed that acts of terrorism defending Islam cannot be justified because terrorism has political intentions. Islam is a religion of raḥmatan lil ‘Ālamīn which loves good and hates evil. The government’s efforts to mitigate acts of terrorism in Indonesia are by making preventive efforts in the form of legal protection for someone suspected of adhering to terrorist radicalism. Prevention efforts are intended for, national preparedness, counter-radicalization, deradicalization, and fostering religious insight. In addition, the efforts made are by giving the role of society and mass organizations to perform moral movements.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114423013","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}
Facebook is one of the communication media that is widely used by the community, both urban and rural communities. Facebook not only has a negative impact on its users but also has a positive impact. Social media has a strong positive impact on the family's economy, that the family's needs are met and creating harmonious family relationships compared families that do not use social media as a marketing medium. The study aimed to analyze how to create a harmonious family through social media Facebook in West Lampung Regency. The particular research was empirical legal research. Data collection techniques were observation, interview
{"title":"Creating a Harmonious Family Through Social Media Facebook in West Lampung","authors":"Anang Sugeng Cahyo, Galuh Widity Qomaro, SL. Triyaningsih, Genuina Mahesti, Fortunata, Wichitra Yasya","doi":"10.23971/el-mashlahah.v12i2.3937","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v12i2.3937","url":null,"abstract":"Facebook is one of the communication media that is widely used by the community, both urban and rural communities. Facebook not only has a negative impact on its users but also has a positive impact. Social media has a strong positive impact on the family's economy, that the family's needs are met and creating harmonious family relationships compared families that do not use social media as a marketing medium. The study aimed to analyze how to create a harmonious family through social media Facebook in West Lampung Regency. The particular research was empirical legal research. Data collection techniques were observation, interview","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126257446","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}
Pub Date : 2022-12-31DOI: 10.23971/el-mashlahah.v12i2.4903
Khairul Hamim
The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.
{"title":"Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws","authors":"Khairul Hamim","doi":"10.23971/el-mashlahah.v12i2.4903","DOIUrl":"https://doi.org/10.23971/el-mashlahah.v12i2.4903","url":null,"abstract":"The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.","PeriodicalId":422421,"journal":{"name":"El-Mashlahah","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122239024","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}
Pub Date : 2022-11-24DOI: 10.23971/elma.v12i2.4712
Nur Avita, Ahmad Rusyaid Idris, Frina Oktalita
A Mahr (Dowry) and dui menre become interesting phenomenon that occurs in the marriage practice of the Bugis community in Bone Regency. The higher the social status of the prospective wife's family, the higher the dui menre. When an agreement has been reached on the amount of dui menre, then the husband will give a dowry in the marriage contract. Both of these things must be fulfilled as the requirement for marriage. When the husband does not fulfill the dui menre as previously agreed on the agreement, the marriage process might not occur. The study aimed to integrate tradition and sharia in the marriage of the Bugis community in Bone Regency. The research was empirical legal research with a socio-legal approach. The study indicated that the dowry and dui menre in Bugis traditional marriages are an inseparable. Here, the integration is dui menre as a pre-marital condition that must be fulfilled in the context of giving as a form of respect and assistance to the prospective wife’s family. There is no prohibition in Islam as long as there is an agreement between the two parties, and no violate the sharia principles. Meanwhile, the dowry is also obligatory and carried out in the marriages of the people of the Bone regency. Therefore, the dowry and dui menre in the marriage of the Bone community are following the tradition and sharia.
Mahr(嫁妆)and dui menreÂ是发生在Bone Regency的Bugis社区婚姻实践中的有趣现象。女方家庭的社会地位越高，theÂ陪嫁费用就越高。当双方就ofÂ嫁妆金额达成协议后，丈夫将在婚姻合同中提供嫁妆。这两点都是婚姻的必要条件。当丈夫不履行the dui menreÂ之前约定的协议，婚姻程序可能不会发生。这项研究旨在将传统和伊斯兰教法整合到Bone Regency的Bugis社区的婚姻中。本研究采用社会法学方法进行实证法学研究。研究表明，嫁妆andÂ对menreÂ在布吉族传统婚姻中是不可分割的。在这里，整合is dui menreÂ作为婚前条件，必须在给予未来妻子家庭一种尊重和帮助的背景下实现。只要双方达成协议，伊斯兰教中就没有禁止，也不违反伊斯兰教原则。与此同时，嫁妆也是强制性的，并在骨骼摄政的人的婚姻中执行。因此，嫁妆and dui menreÂ在婚姻的骨社区都遵循传统和伊斯兰教法。
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