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Mawaddah, Lailatul
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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PERCOBAAN PEMBUNUHAN SEBAGAI MAWANI‘ AL-IRTH DALAM KHI PASAL 173 DILIHAT MENURUT PERSPEKTIF MAQASID Al-SYARI‘AH Mawaddah, Lailatul
Al-Madaris Jurnal Pendidikan dan Studi Keislaman Vol. 3 No. 1 (2022): Islamic Studies
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Sekolah Tinggi Agama Islam Jamiatut Tarbiyah Lhoksukon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47887/amd.v3i1.60

Abstract

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqasid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqasid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqasid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqasid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).
JAMINAN HAK NAFKAH ANAK PASCA PERCERAIAN PERSPEKTIF FIKIH SYAFI’IYAH DAN MAQAŞID AL-SYARI’AH Mawaddah, Lailatul; Zulfadli, Zulfadli
Al-Madaris Jurnal Pendidikan dan Studi Keislaman Vol. 4 No. 1 (2023): Islamic Studies
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Sekolah Tinggi Agama Islam Jamiatut Tarbiyah Lhoksukon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47887/amd.v4i1.109

Abstract

Children are a mandate and sustenance from God whose presence is expected by every couple. Children have certain rights, both rights that are material needs and the right to social interaction. One of the children’s rights that are very important to be fulfilled by their parents is the right to life. Imam Syafi’i limits the obligation to provide for children until the age of puberty, while in the KHI it states until the age of 21 years. Therefore, the author wants to take the middle line by looking at the benefits generated through the review of Maqaşid al-Syari’ah. The formulation of the problem from this research is how the guarantee of children’s livelihood rights after divorce from the perspektive of Syafi’iyyah Fiqh and Maqaşid al-Syari’ah? The purpose of this study is to try to explain the child’s right to support after divorce from the perspective of Syafi’iyah Fiqh and Maqaşid al-Syari'ah. The type of research used in this thesis is library research in the form of qualitative. Sources of data from this study came from the books of the Syafi’iyah scholars and books that discussed Maqaşid al-Syari'ah as well as books and journals related to the issue of children’s livelihood rights. The method of data collection was carried out by documentation and the method of data analysis was in the form of qualitative descriptive. The results showed that the Syafi’iyah Ulama stated that the age limit for providing maintenance by parents to children was up to puberty or the age of 15 (fifteen) years. Based on the considerations of Maqaşid al-Syari'ah, applying the age of 22-23 years within the age limit still being provided by parents is a logical provision according to the current situation and conditions.
Co-Authors Zulfadli Zulfadli