Claim Missing Document
Check
Articles

Found 22 Documents
Search

Maslahah and Justice in Islamic Inheritance: A Normative and Jurisprudential Inquiry Munawaroh, Hifdhotul; Akmal, Haerul; Diana, Rashda; Kurniawan, Cecep Soleh
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol. 24 No. 2 (2025): DESEMBER
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v24i2.9990

Abstract

Provisions in the transfer of property from people who died to those who were left behind, by the Fuqaha' are named as al-faraid, and or in Indonesia it is better known as Islamic inheritance law. The concept of justice in the distribution of inheritance is still a topic of discussion among the public. The zahir provisions of the Koranic texts that give men a larger share of inheritance than women and ignore equality pose a complicated problem faced by Muslims in various countries. This is because of the invisible Maslahah that is obtained by each heir. This study aims to analyze the concept of benefit in justice contained in Islamic inheritance law to answer contradictory arguments in determining benefit in the form of justice in Islamic inheritance law. This research is a literature review/research with documentation as a data collection method. Philosophical and normative approaches are being used in analyzing data, especially Islamic legal norms which are sourced from the Koran and Hadith. The results of this study indicate that in the distribution of inheritance, Islam is very concerned and even prioritizes the principles of Maslahah and justice for each heir. There is no assumption that Islamic inheritance law does not apply fairly and leads to discrimination against women, because justice has been proven on the side of benefit in the practice of dividing Islamic inheritance.
Reinforcing Elderly Management in Brunei Darussalam: an Islamic Approach to Aging Firdaus, Muhammad Furqan; Kurniawan, Cecep Soleh
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 27 No 2 (2024): Al-Qanun, Vol. 27, No. 2, Desember 2024
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2024.27.2.141-156

Abstract

Despite the existence of regulations and policies for the elderly in Brunei Darussalam, the creation of guidelines and frameworks for the management of the elderly based on Islamic views in Brunei Darussalam is still not available. Thus, this study examines (i) Islamic and western views on the aging phase and the age of the elderly, (ii) The constraints faced by the elderly when leading the aging phase, (iii) Mechanisms of effort and dynamism of the government of Brunei Darussalam in preserving the welfare of elderly Brunei Darussalam and (iv) Develop a comprehensive framework for the management of the elderly in Brunei Darussalam based on Islamic guidance. This study is based on qualitative methods through a library approach, document analysis, interviews, and observations. The data analysis is carried out using a descriptive method through the programming software NVivo Version 14. The results of the study prove that the management of the elderly through Islamic perspectives can deal with the issues of aging in Brunei Darussalam and minimize the risk of aging.