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Muchtar, Ayi Ishak Sholih
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Religion Humanities Education Environmental Science Social Sciences

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Perbandingan Hukum Kewarisan Mawâni’ Irtsi dan Dzaw Al-Arham dalam Kompilasi Hukum Islam dan Undang-Undang Waris Mesir Bisri, Hasan; Muchtar, Ayi Ishak Sholih
TAJDID Vol 28 No 1 (2021): Islamic Studies
Publisher : Research and Development Institution, Darussalam Institute for Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/tajdid.v28i1.424

Abstract

This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.
Human Rights and The New Normal Challenges: A Sharia Perspective Muchtar, Ayi Ishak Sholih
TAJDID Vol 29 No 2 (2022): Islamic Studies
Publisher : Research and Development Institution, Darussalam Institute for Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/tajdid.v29i2.793

Abstract

This study aims to elaborate ideas and debates on human rights in the era of the Covid-19 pandemic. The point of view of this study is Islamic Sharia. This study uses a literature review method complemented by personal reflection to connect Islamic sharia ideas with social dynamics during the pandemic. Several relevant pieces of literature are reviewed and analyzed to find the suitable core of sharia ideas. By exploring some basic principles of human rights, this study concludes that in this era of the Covid-19 pandemic, some people view government policies as contrary to human rights because they have to experience many restrictions and pressures, such as the obligation to wear masks, vaccinations, social distancing, restrictions on worship activities, isolation. They also feel that their human rights have been violated by regulations requiring them to wear masks, feeling insecure by the threat of contracting the virus, losing their jobs, threats of death, and so on. On the other hand, some other humans support regulations and legal rules based on health protocols. The support of this second group is also for the sake of protecting human rights. They support the government’s policy of enforcing health protocols solely to avoid the danger of contagion of Covid-19 which can lead to severity and even death. In the perspective of Islamic Sharia, human rights which are based on freedom are actually limited by the rights of others. Freedom as one of the core of human rights is also balanced with obligations and responsibilities.
The Rights of Non-Muslims in an Islamic State: A Literature Review Muchtar, Ayi Ishak Sholih
TAJDID Vol 29 No 1 (2022): Islamic Studies
Publisher : Research and Development Institution, Darussalam Institute for Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/tajdid.v29i1.1156

Abstract

This study aims to elaborate on the concept of Islamic teachings on the rights of non-Muslims in an Islamic country. This study uses the literature study method, which is a data collection method directed at searching for data and information through scientific articles and scientific books, both in scientific journals, scientific forum proceedings, and scientific research reports. The results of the study show that non-Muslims who live among Muslims (ahlu al-dzimmah) receive protection, have equal rights and obligations, and obtain an equal position with Muslims. Muslims, especially Muslim leaders, have an obligation to provide protection to non-Muslims. Islamic leaders have an obligation to provide legal instruments and legislation, which guarantee the basic rights of non-Muslims, and obtain equality before the law.
Co-Authors Aziz, Daffa Abdul Fitria, Ai Wina Hasan Bisri