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The Construction of Islamic Law on Marriage: A Normative Study of Rights, Harmony, and Its Limits Abdulah Pakarti, Muhammad Husni; Wahyudi, Wahyudi; Ah. Fathonih; Rasyid, Fauzan Ali; Husain, Husain; Diana Farid
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.172

Abstract

Marriage in Islam is a social and spiritual institution that has a strong legal dimension. Islamic law regulates marriage comprehensively, starting from the pillars and conditions, objectives, to the annulment of marriage. Understanding the concept of Islamic marriage law is very important to ensure the continuity of family life in accordance with Islamic law and moral values. This research uses a qualitative-descriptive approach with a library research method. Data were collected through a review of primary and secondary sources, such as the Qur'an, hadith, classical and contemporary fiqh books, as well as Islamic legal literature and relevant legislation, including the Compilation of Islamic Law (KHI). It was found that the law of marriage in Islam includes five kinds of laws based on individual conditions: obligatory, sunnah, permissible, makruh, and haram. A valid marriage according to Islam must fulfill five main pillars, namely the prospective husband, prospective wife, guardian, two witnesses, and ijab qabul. The rights and obligations of husband and wife are regulated proportionally to maintain family harmony. Islam also establishes prohibitions on marriage in order to maintain the sanctity of the relationship and accommodate the resolution of household conflicts through divorce, khulu', and fasakh. The concept of marriage law in Islam emphasizes the importance of justice, responsibility, and protection of the human rights of each partner. These values have high relevance in the dynamics of modern life and become a strong normative foundation in the formation of a sakinah, mawaddah, wa rahmah Muslim family. In addition, the flexibility of Islamic law in responding to social situations makes it relevant to be applied in pluralistic national and international legal systems.
Conventional Banking, Sharia Banking, and Financial Justice Depid Ismail; Muhammad Noor Sayuti; Diana Farid
Journal of Economicate Studies Vol. 4 No. 2 (2020): Journal of Economicate Studies
Publisher : Islamicate Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32506/joes.v4i2.640

Abstract

This article discusses the substantive differences, theoretically, between conventional banking and Islamic banking, which are associated with the formation of financial justice that occurs in the two institutions operating in the two banking systems. This article is written using a qualitative method. The data source is in the form of publication results. This type of data is in narrative empirical documentation, including the narrative of theoretical opinions of previous researchers or reviewers. The data collection technique is done by tracing sources, both print, and online publication sources. The data analysis technique was carried out in a descriptive, interpretive manner and, to some extent, comparative. The results obtained indicate that the financial justice formed in Islamic banking is closer to economic goals.
Peran Hukum Keluarga dalam Menghadapi Tantangan Poligami dalam Masyarakat Kontemporer Muhammad Husni Abdulah Pakarti; Sofyan Mei Utama; Diana Farid; Hendriana
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.303

Abstract

Backgound. Polygamy has long been a matter of debate in society, especially in the increasingly complex and globalized contemporary society. In this context, the role of family law becomes very important to face the challenges of polygamy and maintain a balance between traditional values and broader social developments. Aim. The purpose of this study is to determine the extent of the Role of Family Law in Facing the Challenges of Polygamy in Contemporary Society. Methods. The research method used is library research or literature review, this research uses data such as books, journals and other literature obtained from previous studies. after the data is obtained, descriptive analysis is carried out to describe the findings clearly. Results. The results show that the role of family law is very important in facing the challenges of polygamy in contemporary society. The law, MUI fatwa, religious views, women's human rights, and multiculturalism approaches can be a reference in minimizing the negative impact of polygamy practices and maintaining justice and equality between husband and wife.
Protection of the Rights of Adultery Children in Indonesia: A Perspective of Positive and Islamic Law Iffah Fathiah; Sofyan Mei Utama; Diana Farid; Husni Abdulah Pakarti, Muhammad; Al Kautsar Mabruri, Kemal; Hendriana, Hendriana
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7068

Abstract

The phenomenon of parents abandoning their children due to adultery is quite common these days. In the marriage legal system in Indonesia, children born outside a legal marriage cannot be recognized as legitimate children, so their civil aspects follow those of their mother. Children resulting from adultery lose some of their rights as children of a father, and this has the potential to disrupt their future. This research aims to analyze the rights of children resulting from adultery and whether there are solutions that can be taken so that children resulting from adultery still receive their rights even without a cross-breed relationship with their biological father. The research method used is a library research with a sociological-legal approach. Data sources were obtained from the law and several important articles related to this research problem. Apart from that, this article also uses the results of empirical research to strengthen the arguments in this research. Based on the research results, it was found that, from various studies, there is often a neglect of children's rights as a result of adulterous relationships. Men tend to leave their partners, and in the end, women often become single parents to meet the child's needs. Legally, the state can punish the adulterer (biological father) for being responsible for the needs of the child resulting from his adultery.
Internal Control and Financial Reporting Quality: A Sharia Accountability Perspective at BAZNAS Garut Regency Ujang Burhanudin; Diana Farid; Sofyan Mei Utama
Journal of Islamic Economics and Business Vol. 5 No. 1 (2025): Journal of Islamic Economics and Business
Publisher : Fakultas Ekonomi dan Bisnis Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the influence of internal control on the quality of financial statements at BAZNAS Garut Regency by emphasizing the perspective of sharia accountability. Zakat institutions are required to implement transparent and accountable governance, but previous research has shown mixed results regarding the relationship between internal control and the quality of financial statements. Therefore, this study provides a contextual study of zakat institutions that have special characteristics in the management of people's funds.This study uses a descriptive quantitative approach by distributing questionnaires to Amil and staff who are directly involved in financial management at BAZNAS Garut. Data were analyzed descriptively to measure respondents' perception of the implementation of the five components of internal control (control environment, risk assessment, control activities, information and communication, and monitoring) and the quality of financial statements based on the characteristics of relevance, reliability, comparability, and comprehension. The results of the study show that internal control at BAZNAS Garut has been running well, especially in the aspects of the control environment and control activities. However, there are still weaknesses in the aspects of monitoring and accounting information systems. Financial statements are considered relevant and reliable, although some respondents consider the use of sharia accounting terms still difficult for the general public to understand. This research emphasizes the importance of internal control in producing quality financial reports, in line with Sharia Enterprise Theory and stewardship theory which emphasizes vertical accountability to Allah SWT and horizontal to society.