Rokhmat2
INISNU Temanggung, Indonesia

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Review Of Islamic Law In The Shafi‘i School And The Hanafi School On The Marriage Contract Of Persons With Speech Impairment Rokhmat2; Eko Wahyu Susilo; EkoSariayekti
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.611

Abstract

This article examines the practice of marriage contracts for individuals with speech disabilities (tunawicara) from the perspective of Islamic Law, particularly according to the Shafi‘i and Hanafi schools of thought, as well as Indonesian legislation as outlined in the Compilation of Islamic Law (KHI). The focus of this study arises from the issue of ijab (offer) and qabul (acceptance), which must be performed consecutively without a long pause, as any interruption or inability to speak may affect the validity of the marriage contract. This study aims to analyze the legal status of marriage contracts involving speech-impaired individuals according to both schools of Islamic jurisprudence and to explore the basis of maslahah (public interest) in establishing the law. This research employs a qualitative method using a library research approach. Data were collected from books, journals, and other relevant literature, and then analyzed descriptively to explain legal concepts and draw conclusions. The results show that both the Shafi‘i and Hanafi schools permit the marriage contract of a speech-impaired individual through writing or gestures. However, the two differ in their legal approaches: the Shafi‘i school applies qiyas, equating spoken words, writing, and gestures, while the Hanafi school applies istihsan, considering gestures not fully equivalent to writing. Therefore, gestures are only permitted when the speech-impaired individual is unable to write.
Delay in the Distribution of Inheritance to Women in Temanggung Rokhmat2; Alvi Yaturohmaniyah
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.620

Abstract

This study examines the practice of delaying the distribution of inheritance to female heirs in Dusun Kauman, Kemiriombo Village, Temanggung District, from the perspective of Islamic inheritance law. In Islamic jurisprudence, inheritance is a mandatory right that must be fulfilled immediately after the death of the deceased, following the settlement of debts and wills, as stipulated in the Qur’an and the Sunnah. However, empirical evidence shows that inheritance distribution in rural communities is often postponed due to social, economic, and customary considerations. This research employs a qualitative field research approach. Primary data were collected through in-depth interviews, observation, and documentation involving female heirs, religious leaders, and village officials. Secondary data were obtained from the Qur’an, Hadith, classical Islamic legal texts, and relevant scholarly literature. Data analysis was conducted using the Miles and Huberman model, encompassing data reduction, data display, and conclusion drawing, with source triangulation applied to ensure the validity of the findings. The findings indicate that the delay in inheritance distribution is primarily influenced by social concerns for family harmony, economic dependence on inherited agricultural land, and patriarchal cultural norms that subordinate women’s inheritance rights. From the perspective of Islamic law, such delays are only permissible if they are genuinely based on collective agreement, do not eliminate or diminish women’s rights, and serve clear public benefit (maṣlaḥah). Otherwise, they constitute a violation of Islamic principles of justice and the objectives of Islamic law (maqāṣid al-sharīʿah), particularly the protection of property and lineage. This study highlights the tension between Islamic normative law and customary practices within a plural legal system and emphasizes the need for legal awareness, religious guidance, and institutional support to ensure gender justice and legal certainty for female heirs.