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The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni, Azni; Rifqi, Muhammad Akhyar; Saifunnajar, Saifunnajar; Syu'aib, Kholil; Mohd. Zin, Najibah Bt
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective. The research employed qualitative research method, namely library legal research. The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.

Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Sallom, Dea Salma; Syu'aib, Kholil
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.

Analysis of Pampeh Law in Sarolangun Customary Documents from the Perspective of Maqashid Sharia Husairi, Ahmad; Syu'aib, Kholil; Kheiralla, Mashair Idris
Madania: Jurnal Kajian Keislaman Vol 28, No 2 (2024): DECEMBER
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v28i2.5325

This research aims to analyze the application of pampeh law in the Sarolangun traditional community, especially in handling cases of negligence that result in death, through the perspective of maqashid sharia. The pampeh law implemented by the Batin tribe in Sarolangun Regency uses criminal sanctions that have been classified proportionally as a form of apology from the perpetrator to the victim's family. This research used a normative juridical method with an analysis approach to traditional documents and maqashid sharia theory in Islamic law. The research results showed that Pampeh law is in line with the principles of diyat in Islam, where the main goal is to protect religion, soul, mind, property, and descendants through social reconciliation. However, the effectiveness of fines in creating a deterrent effect and sanctions for intentional and unintentional offenses still needs to be reviewed further, especially for perpetrators with higher economic capabilities. The application of pampeh law makes a significant contribution in maintaining social harmonization, providing a sense of certainty, justice, and legal benefits for the Sarolangun indigenous community. Peneitian ini bertujuan untuk menganalisis penerapan hukum pampeh dalam masyarakat adat Sarolangun, khususnya dalam menangani kasus kealaian yang mengakibatkan kematian, mealui perspektif maqashid sharia. Hukum pampeh yang diterapkan oleh suku Batin di Kabupaten Sarolangun menggunakan sanksi pidana yang teah diklasifikasi secara proporsional sebagai bentuk permohonan maaf dari peaku kepada keuarga korban. Peneitian ini menggunakan metode yuridis normatif dengan pendekatan analisis dokumen adat dan teori maqashid sharia dalam hukum Islam. Hasil peneitian menunjukkan bahwa hukum pampeh sejalan dengan prinsip diyat dalam Islam, di mana tujuan utamanya adalah menjaga agama, jiwa, akal, harta, dan keturunan mealui rekonsiliasi sosial. Namun, efektivitas sanksi denda dalam menciptakan efek jera dan sanksi dari deik sengaja dan tidak sengaja masih perlu ditinjau lebih lanjut, terutama bagi pelaku dengan kemampuan ekonomi yang lebih tinggi. Penerapan hukum pampeh memberikan kontribusi signifikan dalam menjaga harmonisasi sosial, memberikan rasa kepastian, keadilan, serta kemanfaatan hukum bagi masyarakat adat Sarolangun.

Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Sallom, Dea Salma; Syu'aib, Kholil
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i1.1073

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.

The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni, Azni; Rifqi, Muhammad Akhyar; Saifunnajar, Saifunnajar; Syu'aib, Kholil; Mohd. Zin, Najibah Bt
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective.Â The research employed qualitative research method, namely library legal research.Â The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.

Denda Adat Mengkhitan Anak Perspektif Hukum Islam (Studi di Desa Rambah Kecamatan Tanah Tumbuh Kabupaten Bungo) Hariyadi, Riski; Syu'aib, Kholil; RH, Mustiah
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1273

This study aims to find out specifically the phenomenon of customary fines for children circumcising in Rambah Village, Tanah Tumbuh District, Bungo Regency and review the perspective of Islamic law on this phenomenon. This research is library research and field research, data collection method using interview, observation, and documentation. Data analysis went through three stages, namely data reduction, data presentation, conclusion drawing and verification. This study found that the customary fine practice of circumcising children in Rambah Village occurred because in the process of children circumcising it was considered to have violated twenty laws. Therefore, children circumcision in Rambah Village is subject to sanctions in the form of paying customary fines, the fines are in accordance with applicable customs. In Islam, circumcision is a matter of fitrah, whether male circumcision or female circumcision, there is no argument regarding fines when children circumcising. However, holding walimah circumcision in any form, it is permissible.

Qiwamah's Reconception of Muhammad Shahrur's Thoughts and Their Implications for the Feminist Movement in the World Nelli, Jumni; Harmanto, Adi; Hardani, Sofia; Syu'aib, Kholil; Megawati, Devi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9797

This research aims to reconceptualize Muhammad Syahrur's views on the meaning of qiwamah. Muhammad Syahrur stated that the person most worthy of being qiwamah in the household is a woman. This view is different from the Jumhur Ulama which states that the leader in the household is a man. Does Shahrur's thoughts support the world feminist movement? This library research was carried out by examining books related to the research problem. Primary data sources are the books Al Kitab Wa Al Qur'an and Nahwa Ushul Jadidah Li Al-Fiqh Al-Islami by Muhammad Syahrur. Secondary data sources were obtained from other fiqh books and journals related to the problems in this paper. Descriptive analysis uses the content analysis method. The results of the research found that Syahrur is of the view that qiwamah can be played by husband or wife, as long as it has stability in the economic sector and the characteristics of qiwamah, namely shalihat, qanitat and hafizat; because these qiwamah qualities were firmly instilled by Allah, as qualities possessed by women, the ones most worthy of being appointed as qiwamah are women; Even though Syahrur only relies on linguistic analysis, and ignores the study of the context of the Asbab al Nuzul verse, resulting in inconsistencies and meanings that seem forced, Shahrur's thoughts seem to have given encouragement to the feminist movement in the world. Muhammad Shahrur's breakthrough feminist thought influenced the thinking of Muslim women in the world. This can be seen from the change in their mindset, who no longer want to simply follow or be controlled by men. Contemporary Islamic thinkers agree to provide leadership to men and women with conditions, but they do not say that women are the main leaders.

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