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All Journal Maslahah : Jurnal Hukum Islam dan Perbankan Syariah Sakina: Journal of Family Studies Jurnal Bakti Bagi Bangsa Al-ihsan : Journal of Community Development in Islamic Studies
Ash Shabah, Musyaffa Amin
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Journal : Maslahah : Jurnal Hukum Islam dan Perbankan Syariah

 1 
Kedudukan Transgender Dalam Sistem Kewarisan Islam dan Adat Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 12 No 1 (2021): 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.v12i1.2628

Abstract

This study analyzes the position of transgender people in the distribution of inheritance from theperspective of Islamic law and customary law. This research is library research using the juridicalnormativeapproach and descriptive analysis data. The results of the study explain that there arethree elements of Islamic inheritance law, namely the heir, the heir, and the inheritance. The portionof the heirs has been determined in the Koran. The gender of the heir determines the amount of theshare of the inheritance to be received. In Islamic law, the position of inheritance for people who aretransgender is seen from their first gender at birth, and not determined after being transgender. Thisis because Islam forbids sex reassignment surgery because it has changed God’s creation. whereas inBalinese Customary Law, transgender actors are never recognized for their new status, before theyperform a religious ceremony. If this religious customary ceremony has been carried out and approvedby the traditional village leaders, then the applicant’s status is legal and customary.
Analisis Tentang Penolakan Nasab Anak Dalam Perkawinan Yang Sah Dengan Sumpah Li’an Pada Putusan MA No.163K/AG/2011 Putra Pratama, Rian Rizqi; Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 10 No 1 (2019): 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.v10i1.2744

Abstract

This study aims to analyze the result of Supreme Court ruling Number 163 K/AG/2011 AboutNasab’s Refusal Of a Legitimate Son By The Oat Of Li’an and how Islamic law and legislationgoverned it. And to explain what the status of the denied children’s passages is. This study usesinductive research methods and this type of research is a research library and the research approachemploys both qualitative and descriptive approaches. The results of the study show that the use ofother oaths to refuse the children's text in the Supreme Court Decision No. 163 K / AG / 2011 is inaccordance with the rules of Islamic law and statutory regulations, even though the wife is not willingto take the li'an oath, it still falls under the law. In accordance with the opinion of Imam Syafii that ifthe husband has completed his part, even though the wife does not do li'an. As well as changing thechild's nasab status which is denied by the father and only has a civil relationship with the mother andthe mother's family, while the father is free from the right to provide a living, this is in accordance withArticle 162 of the KHI.
KOHERENSI ANTARA HUKUM JINAYAT DAN HAK ASASI MANUSIA DALAM KASUS KHAMAR DI ACEH Maha, Esa; Alief, Vania; Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 14 No 2 (2023): 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.v14i2.9980

Abstract

Public flogging is required by this jinayat law, which has existed since 2014. It is thought to be a severe and effective method of law enforcement. But there have also been a lot of complaints and criticisms of this jinayat law, particularly from the standpoint of human rights. The local community's justice, welfare, and peace are the main goals of Aceh's implementation of jinayat law. In the paper utilized for this study, the author employs normative juridical research, which is legal research done by looking through books and relevant statutes and regulations from libraries. This research employs a qualitative approach using a library research method by the study's characteristics. This research also employs a comparative methodology; specifically, the author compares Islamic law, human rights, and the Aceh Qanun Jinayat. As per the Aceh Qanun Jinayat and Islamic law, there is a whipping law for anyone who consumes alcohol. This is evident from the punishment meted out to the alcohol user, who is flogged 40 (forty) times as Uqubat Hudud. Acehnese people have lived under Islamic law for a long time, earning them the moniker "land of the porch of Makkah." When non-Muslim suspects of violating the qanun voluntarily turn themselves in for punishment, it is evident that Islamic Sharia's conceptions of justice align with the fundamental principles of legal justice and human rights. The courts denied every request for voluntary surrender made by non-Muslim defendants, although they did acknowledge the primary motivators behind their surrender.
Co-Authors Alief, Vania Ema Damayanti Hamid, Nor 'Adha Ab Khafid, Muhamad Khoiriyah, Ummi Kurniawan, Tri Bagus Maha, Esa Nuraini, Ade Indah Putra Pratama, Rian Rizqi Rafika Rahmawati Suprihatin Suprihatin