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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.