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All Journal Ahkam: Jurnal Ilmu Syariah Humanika : Kajian Ilmiah Mata Kuliah Umum Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Jurnal Ilmiah Pesantren TSAQAFAH Al Ahkam Jurnal Al-Dustur Maliyah : Jurnal Hukum Bisnis Islam Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Jurnal Hukum Islam
Auliya Ghazna Nizami
UIN Sunan Ampel Surabaya
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Ilmiah Pesantren

 1 
CHILD CUSTODY RIGHTS IN QUR’AN AND HADITS PERSPECTIVES Auliya Ghazna Nizami
Jurnal Ilmiah Pesantren Vol 4 No 1 (2018): Jurnal Ilmiah Pesantren
Publisher : Pondok Pesantren Modern Islam Assalaam

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Abstract

Custody of the child (hadhanah) became the dispute between the two parties as a result of a divorce. Child custody dispute cases in Indonesia are handled by the Religious Courts, based on source material and formal laws and regulations. The Qur’an does not mention publicly about hadhanah in a separate verse, verse on breastfeeding (radha’ah) and the obligation of a father to support is the nearest verse regarding child custody. Although the obligation to feed and custody are two different things, both of them become the same this when they come to child benefciaries. Disputes over child custody already happened at shahabah’s era, which is when the parties to the dispute are Umar and his wife, and that mediates is Abu Bakr, who was then serving as the Caliph once qadhi-l- qudhat whose capacity is to mediate a dispute.rights
WAQF RIGHT OF FETUS (JANIN) IN THE CONTEXT OF ISLAMIC LAW Auliya Ghazna Nizami
Jurnal Ilmiah Pesantren Vol 7 No 2 (2021): Jurnal Ilmiah Pesantren
Publisher : Pondok Pesantren Modern Islam Assalaam

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Abstract

This study discusses the waqf right of the fetus (janīn) in the context of Islamic law. Islamic law in this regard is the opinion of the most powerful jurists in the four best known sects (mażhab). Being something that is worth mentioning is due to the lack of human attention and the legality that surrounds it to the rights of janīn. This study aims to find out how Islamic law protects the rights of children in the content with the strongest opinions available. This research is a literature study by collecting data in classic jurisprudence (fiqh) books to find out the opinions and opinions of past jurists and other supporting articles, normative jurisprudence that seeks to extract values and norms from the opinions of classical jurists. or any of the arguments contained in the law, and uses a descriptive approach intended to illustrate in general the scope of Islamic law in relation to the rights of the janīn. This study of Islamic law produces the strongest opinions of any internal debate in a sect, and the most salient opiniono f all mażhab on a waqf right of the janīn.
Co-Authors Andini Rahma Hidayah Hidayatulloh Imam Syafi'i Jawahirul Maknun, Ahmad M. Sulthon, M. Muhammad Haidar Mutmainnah, Hayyun Ulfah Risa Umami Syafi'i, Imam