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Journal : JAWI : Journal of Ahkam Wa Iqtishad

Studi Komparasi Penyelesaian Wasiat Wajibah di Indonesia dan Malaysia Susanti, Neneng Desi; Akbarizan, Akbarizan
JAWI : Journal of Ahkam Wa Iqtishad Vol. 1 No. 4 (2023): JAWI - DESEMBER
Publisher : MUI Kota Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10478816

Abstract

A will is a legal document that outlines how a person's assets will be distributed after their death.   In some countries, the distribution of assets is regulated by law and not solely based on the wishes of the deceased. This is known as a mandatory will, which limits the amount that can be given to certain parties to no more than one-third of the total assets. Indonesia and Malaysia are countries that regulate the matter of mandatory wills. The purpose of this journal is to identify the similarities and differences in the provisions of mandatory wills in Indonesia and Malaysia, to determine the Islamic legal basis for mandatory wills, and to examine the development of mandatory wills in both countries.
Hak Anak Angkat Dalam Hukum Keluarga Islam di Indonesia Syaf, Alzekrillah; Akbarizan, Akbarizan
JAWI : Journal of Ahkam Wa Iqtishad Vol. 1 No. 4 (2023): JAWI - DESEMBER
Publisher : MUI Kota Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10477361

Abstract

This research states that in Islamic law adopting a child is a good act, which helps adopted children get a proper education. The right to a proper education for adopted children is one of the main goals of adoption, this welfare is one of the rights that must be provided by adoptive parents. In general, implementing the above rights of children is an obligation and joint responsibility of the government and society. The phenomenon that occurs in Indonesia is that the educational rights of adopted children have shifted to utilization, due to several factors, one of which is economic. The aim of this research is to strengthen previous research, and examine further the shift in the educational rights of adopted children and look at the factors that result in non-fulfillment of adopted children's rights in Indonesia. This research uses an approachsociological normative  with the nature of the researchanalytical descriptive. The results of this research found several factors that resulted in a shift, even not being given the rights of adopted children, such as: f In fact, in Islam, adopting a child is a good act but over time it becomes exploitative.
Kontekstualisasi Konsep Keluarga Sakinah pada Keluarga Muslim Palestina di Camp Pengungsian Yordania Rosadi, Imron; Akbarizan, Akbarizan
JAWI : Journal of Ahkam Wa Iqtishad Vol. 2 No. 2 (2024): JAWI - JUNI
Publisher : MUI Kota Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12761438

Abstract

The sakinah family is the ideal marriage destination according to the Koran. Various ways were taken to achieve this goal. However, people understand the concept of the Sakinah family differently. Differences in views on the concept of the sakinah family are also found in the thoughts of experts in the commentator of the Koran. This article is the result of doctrinal law research with historical approach and conceptual approach. The results of this study indicate that the meaning of the sakinah concept cannot be separated from the socio-cultural background of the interpreters. Imam Qurtuby and Ibn Kathir represent the context of fiqh in interpreting the sakinah family. The concept of the sakinah family tends to be interpreted as a process of realizing the biological function of the family. Imam Thabaryy became a specific commentator adding social functions in realizing the Sakinah family not only a biological functio
Marriage Dispensation in Modern Muslim Societies: A Study of Family Law in Indonesia and Morocco Rachmat Ali Hasan Rifaie, Devie; Akbarizan, Akbarizan
JAWI : Journal of Ahkam Wa Iqtishad Vol. 2 No. 3 (2024): JAWI - SEPTEMBER
Publisher : MUI Kota Pekanbaru

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

Abstract

The Islamic law in Indonesia and Morocco is based on different schools of thought, with Indonesia predominantly following the Shafi'i school, while Morocco adheres to the Maliki school. The differences in the schools of thought adopted by these two countries have implications for the age limits for marriage as stipulated in their respective Family Law. However, the disparity is not significantly vast, with only about one or two years of difference. Morocco, in determining the minimum age for marriage, closely aligns with Indonesia by referencing the Shafi'i and Hanbali schools. Morocco also requires the permission of a guardian if both prospective spouses are under 18 years old. This is somewhat similar to the practice in Indonesia, where marriages involving individuals below the legal age require a marriage dispensation granted by the court, obtained upon the request of the parents/guardians of the underage individuals, supported by compelling reasons and sufficient evidence.