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PERSEPSI TOKOH ISLAM DI KOTA PADANG TENTANG POLIGAMI DALAM ASPEK MASLAHAH Hayattullah, Kumaini; Zulkarnaini, Zulkarnaini; Bahar, Muchlis
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1481

Polygamy is a man who has a wife more than one up to four people. In Islamic view, polygamy can be done if it meets the recuirements that are clearly mentioned in the Qur’an, that is being able to be fair. The fair referred includes several parts, namely: fair in the shared time, fair in living, fair in the place of recidence and fair in the cost of the child. Rasulullah’s polygamy is different from the polygamy phenomena that we face today. The practice of the prophet’s polygamy is not based on biological needs, but there are several considerations including wanting to honor the window, raising the degree of windows and women who offer herself to be married. In the present, polygamy is based solely on biological needs, and lose the element of justice in it.

TINJAUAN HUKUM ISLAM TERHADAP PENITIPAN ORANG TUA OLEH ANAK DI PANTI SOSIAL TRESNA WERDHA SABAI NAN ALUIH SICINCIN KABUPATEN PADANG PARIAMAN Abdi, Syafral; Bahar, Muchlis
Jurnal AL-AHKAM Vol 11, No 2 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i2.2172

This study aims to describe the care of parents by children at the Tresna Werdha Social Home (PSTW) Sabai Nan Aluih Sicincin and to review the care of parents by children in social institutions from the perspective of Islamic law. This study uses data collection by interview and observation, as well as supporting documents to be used as references in the preparation of this thesis. The type of research used in this writing is field research and the approach used in this research is normative, namely an approach to determine the status of Islamic law in parental care. The results of this study, there are two reasons why children entrust their parents to PSTW: First, due to the wishes of the parents themselves. Second, not because of the parents' own wishes, such as: not wanting to burden the family, looking for friends and wanting to be calm, less harmonious, losing roles, neglected at home and economic factors. The reality experienced by parents in the orphanage is divided into two situations. First, parents feel happy. Apart from being able to gather with peers, parents also receive special care with adequate facilities. Second, parents who do not get happiness, this is because parents do not fit into the environment of the orphanage, and the presence of parents in the orphanage is not of their own accord. Even so, when it is analyzed from a review of Islamic law, children who leave their parents at the Tresna Werdha Sabai Nan Aluih Sicincin, Social Home are three levels of law that discuss the law of child care for parents in PSTW. If the wishes of the parents themselves, then the law is makruh, whereas if forced by circumstances the law is permissible, but if children leave their parents because they do not want to take care of their parents, while they are self-sufficient, then the law is haram.Keywords: PSTW, Parents, Law, Islam

Divorce Lawsuit Due to Impotence Perspective Maslahat Theory: Case study of the Andoolo Religious Court Decision, Southeast Sulawesi Fitri, Atika; Bahar, Muchlis; Azwar, Zainal; Ediz, M. Hidayat; Yusrial, Yusrial
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.21860

This research aims to analyze the decision to sue for divorce because the husband is impotent from the perspective of maslahat theory. The main condition for building a harmonious family is the existence of mutual trust and understanding between husband and wife. However, in living a married life, problems sometimes arise, such as the husband suffering from impotence, which can disrupt the relationship between husband and wife. This type of research is normative legal research, the data source is secondary data in the form of the decision of the Andoolo Religious Court, Southeast Sulawesi, Number 0225/Pdt.G/2019/PA.Adl regarding divorce due to husband suffering from impotence. This research found that the judge's consideration in deciding case Number 0225/Pdt.G/2019/PA.Adl was that the judge granted the divorce suit on the grounds that there had been continuous disputes and quarrels between husband and wife, the factor causing the disputes and quarrels was that the defendant was unable to produce children. The defendant suffered from impotence which the plaintiff only discovered after marrying the defendant. The judge's considerations were in accordance with the provisions of Article 19 letter (f) Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage jo. Article 116 letter (f) KHI, so that the Plaintiff's divorce claim is granted. The judge's considerations in granting the divorce suit are also in accordance with the benefit theory, including benefits for the wife, benefits for the husband and benefits for society.

The Implementation of Ushul-Fiqh Learning in the School Environment to Form Moderate Studentsâ€™ Religious Character Bahar, Muchlis
Jurnal Basicedu Vol. 6 No. 3 (2022)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/basicedu.v6i3.2610

This study aimed to analyze the implementation of ushul-fiqh learning in the school environment to form the moderate religious character of students. This study uses a type of field research with descriptive qualitative methods. This research is located in Madrasa Aliyah Nagari Gantung Ciri with a case study research model. The data validity test carried out in this study included triangulation techniques, namely checking the validity of the data through other sources. Based on the research results, the learning of ushul fiqh at Madrasa Aliyah Nagari Gantung Ciri West Sumatra has implemented moderate Islamic education to students in four ways, namely through content, active learning methods, programmed habituation such as deliberation and evaluation.

TINJAUAN MAQASHID AL-SYARI’AH TERHADAP PERILAKU SODOMI SEBAGAI ALASAN PERCERAIAN (Studi Putusan Nomor 222/Pdt.G/2019/PA.Bgr) Alfin, Aidi; Bahar, Muchlis; Azwar, Zainal; Fathurohman, Muhammad Faozan
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 7, No 1 (2024)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v7i1.13274

Islam has taught married couples to get along well (mu'asyarah bil al-ma'ruf) including sexual relations. However, there are several cases of sexual deviation, including cases of sodomy. In the Bogor religious court, there was a case of sodomy as a reason for divorce. This research aims to analyze Maqashid al-Shariah's review of sodomy behavior as a reason for divorce. This type of research is normative qualitative using the statue appoarch or statutory approach and library study data collection techniques. The results of this research show that the judge's decision in decision number 222/Pdt.G/2019/PA.Bgr which granted the petition for divorce was in accordance with the concept of maqashid al-syari'ah because it had saved the wife from harm due to deviant behavior committed by her husband and the judge. assess that domestic happiness will not be realized if the marital relationship is maintained. In addition, sodomy behavior is contrary to the concept of maqashid al-syari'ah because it threatens the existence of religion (Hifzh al-Din), soul (Hifzh an-Nafs), and offspring (Hifzh an-Nasl).

Istihsan Qiyas Khafi Indication of Al-Bazdawi in Contemporary Fatwa in Indonesia Amir, Amri; Siraj, Firdaus; Bahar, Muchlis; Wiza, Rahmi; Salem Al-Saedy, Ibrahim bin
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.21162

This research aims to analyze Istihsan qiyas Khafi al-Bazdawi as indicated in contemporary fatwas in Indonesia. What is the concept of Istihsan qiyas khafi al-Bazdawi, and how is it relevant to contemporary fatwas in Indonesia? The research method used is descriptive analysis with a literature study approach sourced from journals, websites, books by al-Bazdawi and his lecturers. The results of the research show that Istihsan qiyas khafi al-Bazdawi is a process of intifa' (taking benefits) on a legal object by using qiyas/illat (legal reasons) khafi (hidden) by removing qiyas/illat jali (real reasons in law), and Istihsan Khafi al-Bazdawi's qiyas are considered relevant to a number of contemporary fatwas of the Indonesian Ulema Council (MUI), including: 1) the prosperity of cash waqf Sukuk, 2) the ease of Sukuk Mudharabah, Murabahah, Musyarakah, 3) the ease of Sweb when fasting, 4) the ease of Vaccine injection while fasting

The Implementation of Ushul-Fiqh Learning in the School Environment to Form Moderate Studentsâ€™ Religious Character Bahar, Muchlis
Jurnal Basicedu Vol. 6 No. 3 (2022)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/basicedu.v6i3.2610

This study aimed to analyze the implementation of ushul-fiqh learning in the school environment to form the moderate religious character of students. This study uses a type of field research with descriptive qualitative methods. This research is located in Madrasa Aliyah Nagari Gantung Ciri with a case study research model. The data validity test carried out in this study included triangulation techniques, namely checking the validity of the data through other sources. Based on the research results, the learning of ushul fiqh at Madrasa Aliyah Nagari Gantung Ciri West Sumatra has implemented moderate Islamic education to students in four ways, namely through content, active learning methods, programmed habituation such as deliberation and evaluation.

THE USE OF CRYPTOCURRENCY IN INDONESIA ACCORDING TO ISLAMIC LAW Bahar, Muchlis
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : STMIK Dharma Wacana

Cryptocurrencies have various functions in the form of tools for making payments, investing, or trading. There are many different types of cryptocurrencies, one of which is Bitcoin. Although it has many functions, its legality in Indonesia is still not legalized and has many pros and cons. The research then aims to analyze the view of Islamic law on the use of cryptocurrency. This research will use a qualitative approach with a library research method that uses data from various previous studies and studies still relevant to this research. This study found that there was still no agreement on the pros and cons of using cryptocurrencies in society. Meanwhile, in Islamic law, cryptocurrency is not issued by a legal/official financial authority, it has not been accepted by the wider community, if because it contains speculation, dharar, gambling, it is already in the abstract, only after that, because there is no physical form it is possible to have gharar and maysir elements. According to Islamic Law and the Indonesian Ulema Council opinion, both as a medium of exchange for payment and as an investment are both unlawful (haram).Â

BISEKSUAL SEBAGAI ALASAN PERCERAIAN PERSPEKTIF MAQASHID SYARI’AH (Studi Putusan Pengadilan Agama Balikpapan Nomor: 162/Pdt.G/2023/PA.Bpp) Fitri, Desi Widya; Azwar, Zainal; Bahar, Muchlis
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.6527

Bisexuals in Law no. 1974 concerning marriage and KHI cannot be used as the cause of marriage dissolution. However, the Balikpapan Religious Court Number: 162/Pdt.G/2023/PA.Bpp granted the Plaintiff's lawsuit stating that the reason for the lawsuit was sexual disorders. This research aims to analyze the considerations of the Balikpapan Religious Court judge in granting a divorce lawsuit due to sexual disorders and the maqashid sharia view of bisexuals. This research uses the library research method, which is a data collection technique by reviewing various scientific sources, such as: journals, laws and others. The results of this research are first, it is not correct if the main cause of divorce is sexual misconduct. Therefore, PA Balikpapan concluded that the case above which was the main factor in divorce was constant fighting. Although it cannot be denied that the cause of the quarrel is sexual disorders. Second, bisexuals have violated the concept of maqashid sharia in the hifzu al-din section, namely violating the provisions of the Qur'an and sunnah, then bisexuals also violate hifzu an-nafs, namely causing AIDS, and finally violating the concept of hifzu al-nasl. Key Word: bisexuals, religious courts

The Role of Female Farm Workers in the Economic Resilience of Families in Koto Balingka District, West Pasaman District Sahara, Elfi; Bahar, Muchlis; Duhriah, Duhriah
AL-FALAH : Journal of Islamic Economics Vol. 9 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v9i2.10896

Purpose:This research aims to explore the contribution of female agricultural workers in strengthening family economic resilience from a sharia economic perspective.Design/Method/Approach:This research is field research with a qualitative descriptive approach. The informants in this research were 10 female farm workers in Koto Balingka District. Data collection techniques include observation, interviews and documentation and data analysis techniques used are data reduction, data presentation and drawing conclusions.Findings: The research results highlight the significant role of female agricultural workers in three main aspects of agricultural activities, namely planting, weeding and harvesting.Among the three forms of agricultural labor, women tend to dominate the role in weeding and harvesting in the agricultural sector. Not only are there differences in the division of labor, but in terms of wages there are also differences where women's wages are IDR 80,000 per day, while men's wages are IDR 100,000.Factors that encourage women to work as agricultural laborers include difficult economic conditions, low levels of education, and limited employment opportunities. Their participation has a very important impact on the economic security of the family, because their contribution helps improve the economic stability of the household. However, we need to recognize that there are negative impacts, such as changes in traditional roles within the family. The role of female agricultural workers in increasing family economic resilience can also be understood from a sharia economic perspective. By paying attention to indicators of family economic resilience, their role can be considered to have made a significant contributionOriginality/Values: this research analyzes the economic contribution of female agricultural workers to the family's income and economic resilience from a sharia economic perspective. This research aims to evaluate the role of gender in agricultural activities and assess the economic welfare of the families of female agricultural workers within the framework of sharia economics.

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