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All Journal Maslahah : Jurnal Hukum Islam dan Perbankan Syariah Jurnal Bakti Bagi Bangsa Jurnal Hukum Islam dan Hukum Keluarga
Amin Ash Shabah, Musyaffa
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Journal : Maslahah : Jurnal Hukum Islam dan Perbankan Syariah

 1 
Perkawinan Sebagai HAM Amin Ash Shabah, Musyaffa
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 11 No 2 (2020): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v11i2.2623

Abstract

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.
ANALISIS PERLINDUNGAN HUKUM ISLAM TERHADAP PEMBERIAN MAHAR PERNIKAHAN BERUPA SAHAM Fadlillah, Ihsan; Amin Ash Shabah, Musyaffa; Wastoni, Oni
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 15 No 1 (2024): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v15i1.9753

Abstract

Dowry is an essential aspect of marriage. Scholars agree that while there is no fixed amount for a dowry, it must be beneficial and valuable, reflecting sincerity and affection. This study is normative research using descriptive-analytical data analysis. It explains that dowry in the form of shares is permissible in Islam as long as it does not harm anyone, is agreed upon by both parties and benefits the wife. The shares given must have clear contracts and be within the realm of Sharia-compliant business, even though they cannot be physically displayed, and there must be original proof of ownership of the shares. Legal protection regarding shares is based on the DSN MUI fatwa No. 40 of 2003 article 2, which states: Article 2 (a) The capital market and all its mechanisms, particularly concerning issuers, types of securities traded, and trading mechanisms, are considered compliant with Sharia principles if they fulfil Sharia principles. (b) All securities comply with Sharia principles if they have obtained a Sharia compliance statement.
Co-Authors Agus Supriyanto Alivia, Siti Fadlillah, Ihsan Rafika Rahmawati Rahman, Daffi Ramadhan, Dickyansyah Suprihatin Suprihatin Wastoni, Oni