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All Journal Hunafa: Jurnal Studia Islamika Journal of Family Law and Islamic Court
Yusuf, Andi Asdar
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Controversy of Islamic Law on The Distribution of Inheritance to the Heirs of Different Religion Yusuf, Andi Asdar
Hunafa: Jurnal Studia Islamika Vol 14 No 2 (2017): ISLAMIC LAW
Publisher : State Institute of Islamic Studies (IAIN) Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (302.813 KB) | DOI: 10.24239/jsi.v14i2.490.377-403

Abstract

The ability and willingness to have sufficient property is always desired by people because the generations that have enough supply of life is better than the begging ones. However, the ownership or transfer of property rights in Islam is clearly regulated through inheritance, sale, gifts, grants, endowments, alms, and other lawful means, such as loans and mortgages. The ownership or transfer of property through inheritance is an important part of Islam. Inheritance relationship between offspring was not easily done, both based on the particular culture and religion. Among the Hindus, especially in Bali, girls do not receive inheritance. The same also applies to Western society in England some time ago. In Padang-Muslim society, men do not receive it. In Javanese society, inheritance is divided equally, without differentiating boys and girls. Such inheritance is based on the cultural standards and anthropocentric paradigm (man as the center of everything). Interesting to be studied is the case in which Muslim whose parents or relatives are still non Muslims or live in a non Muslim state, when they died, the children are legally entitled to the inheritance of their parents or relatives, while in the hadith narrated in Bukhari and Muslim explicitly stated the prohibition of inheritance of different religion.
The Law Issues Zakat With The Value Of Silver Nisab When There Is A Large Difference In Value Between Gold And Silver Nisab Mananu, Rizal; Bakri, Mukhlis; Rahmat, Fajar; Hijaz, Chiar; Yusuf, Andi Asdar
Journal of Family Law and Islamic Court Vol 2, No 1 (2023): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i1.14262

Abstract

The determination of nisab zakat is an important discussion in Islam, especially in the context of the vast difference in value between nisab gold and silver. Three opinions arise in determining the nisab zakat when there is a large difference in value between the gold and silver nisab, namely obligatory with gold nisab, obligatory with silver nisab, and using the lowest nisab of the two. This study aims to analyze these three opinions using analytical descriptive methods. Data are obtained from Islamic literature and compiled to understand the legal basis as well as the social and religious implications of each opinion. The analysis shows that all three opinions have a strong legal basis, but using the value of silver nisab as the nisab with the lowest value as the standard nisab zakat of treasure is more appropriate in the context of the difference in value between gold and silver nisab. Thus, the conclusion of this study is that the use of silver nisab value is a more appropriate approach in determining zakat obligations because it is safer for muzakki and more beneficial for the poor.
The Law Issues Zakat With The Value Of Silver Nisab When There Is A Large Difference In Value Between Gold And Silver Nisab Mananu, Rizal; Bakri, Mukhlis; Rahmat, Fajar; Hijaz, Chiar; Yusuf, Andi Asdar
Journal of Family Law and Islamic Court Vol. 2 No. 1 (2023): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v2i1.14262

Abstract

The determination of nisab zakat is an important discussion in Islam, especially in the context of the vast difference in value between nisab gold and silver. Three opinions arise in determining the nisab zakat when there is a large difference in value between the gold and silver nisab, namely obligatory with gold nisab, obligatory with silver nisab, and using the lowest nisab of the two. This study aims to analyze these three opinions using analytical descriptive methods. Data are obtained from Islamic literature and compiled to understand the legal basis as well as the social and religious implications of each opinion. The analysis shows that all three opinions have a strong legal basis, but using the value of silver nisab as the nisab with the lowest value as the standard nisab zakat of treasure is more appropriate in the context of the difference in value between gold and silver nisab. Thus, the conclusion of this study is that the use of silver nisab value is a more appropriate approach in determining zakat obligations because it is safer for muzakki and more beneficial for the poor.
Co-Authors Bakri, Mukhlis hijaz, chiar Mananu, Rizal Rahmat, Fajar