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Aminudin, Sugeng
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Tasyri'

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Pengaruh Motif Khulu’ Terhadap ’Iwadh Perspektif Kompilasi Hukum Islam (KHI) dan Fikih Madzhab Aminudin, Sugeng
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.137

Abstract

This study discusses the influence of the khulu' motif on 'Iwadh in the perspective of the Compilation of Islamic Law (KHI) and madzhab fiqh. This study uses a literature method with a descriptive-historical approach, this study makes a comparison between the two perspectives. The findings show that the KHI does not distinguish between ordinary divorce and khulu' as applicable in Islamic law. KHI only regulates the khulu' ordinance without considering motives as the basis for determining 'Iwadh. On the other hand, madzhab fiqh expressly links the khulu' motive with ransom, such as khulu' without cause, because of the husband's tyranny, or because the husband troubles his wife. This affects the validity or not of khulu' and the halal or haram of 'Iwadh. From a legal point of view, Article 124 of the KHI states that khulu' must be based on the grounds of divorce according to Article 116, which can cause injustice to the wife if she still has to pay 'Iwadh to the husband who wronged her. In addition, Article 148 paragraph 6 of the KHI allows religious courts to decide the amount of the ransom if there is no agreement between the husband and wife, which can lead to injustice, especially if the husband is innocent.
Pengaruh Motif Khulu’ Terhadap ’Iwadh Perspektif Kompilasi Hukum Islam (KHI) dan Fikih Madzhab Aminudin, Sugeng
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.137

Abstract

This study discusses the influence of the khulu' motif on 'Iwadh in the perspective of the Compilation of Islamic Law (KHI) and madzhab fiqh. This study uses a literature method with a descriptive-historical approach, this study makes a comparison between the two perspectives. The findings show that the KHI does not distinguish between ordinary divorce and khulu' as applicable in Islamic law. KHI only regulates the khulu' ordinance without considering motives as the basis for determining 'Iwadh. On the other hand, madzhab fiqh expressly links the khulu' motive with ransom, such as khulu' without cause, because of the husband's tyranny, or because the husband troubles his wife. This affects the validity or not of khulu' and the halal or haram of 'Iwadh. From a legal point of view, Article 124 of the KHI states that khulu' must be based on the grounds of divorce according to Article 116, which can cause injustice to the wife if she still has to pay 'Iwadh to the husband who wronged her. In addition, Article 148 paragraph 6 of the KHI allows religious courts to decide the amount of the ransom if there is no agreement between the husband and wife, which can lead to injustice, especially if the husband is innocent.
Kontestasi Hukum Islam dan Negara dalam Perda Bernuansa Syariah di Kota Tasikmalaya Aziz, Abdul; Mutakin, Ali; Nugraha, Iqbal Subhan; Maksum , Ghufron; Aminudin, Sugeng
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.375

Abstract

The implementation of the Regional Regulation with sharia nuances in the city of Tasikmalaya often causes polemics related to the relationship between religious norms and the principle of the state of law that upholds diversity. This study aims to analyze the form, motive, and impact of the Sharia Nuanced Regional Regulation in Tasikmalaya City in the framework of the contestation between Islamic law and the state. The method used is qualitative with a socio-legal approach, through field studies and document analysis, as well as interviews with key legislative actors and religious organizations. The results of the study show that the Regional Regulation reflects more transactional political strategies between local elites and religious groups, rather than purely the normative aspirations of the community. Its application tends to be symbolic and does not have a significant impact on improving the quality of life of the community at large. The implications of these findings underscore the importance of evaluating local legislation to be in line with the principles of non-discrimination, substantive democracy, and the protection of the civil rights of all citizens without exception.
Co-Authors Abdul Aziz Lukman Hakim Maksum , Ghufron Mutakin, Ali Nugraha, Iqbal Subhan Subhan Nugraha, Iqbal