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All Journal RISDA: Jurnal Pemikiran dan Pendidikan Islam Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah)
Moh. Subhan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Validity of Biological Father Marrying Daughter Resulting from Adultery: Perspective of Nahdlatul Ulama and Muhammadiyah Moh. Subhan
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.511

Abstract

This study explores the validity of marriage between a biological father and his illegitimate daughter according to the two largest Islamic organizations in Indonesia: Nahdlatul Ulama (NU) and Muhammadiyah. NU’s marriage opinion uses Shafi’i jurisprudence that a biological father has no blood relationship with a child from an extramarital affair, so marriage is permissible. However, they withdrew this practice in the bahtsul masail decision because it is contrary to the public interest, and the principle of harm related to children. On the other hand, Muhammadiyah firmly rejects the validity of marriage on the grounds that there is a biological kinship relationship. This gives rise to a mahram relationship. Muhammadiyah also base their opinion on the maqasid sharia and legal recognition in the Constitutional Court Decision No. 46/PUU-VIII/2010. This study uses a normative juridical method with a conceptual and descriptive-analytical approach. The findings of this study indicate a lack of specific and fair regulations aimed at fulfilling the rights of illegitimate children within the framework of family law in Indonesian Islamic law.
Pengajaran Moderasi Beragama di Pesantren dalam Menghadapi Era Society 5.0. Vita Fitriatul Ulya; Moh. Subhan
Risda: Jurnal Pemikiran dan Pendidikan Islam Vol. 10 No. 2 (2024): Artikel Vol.10 Tahun 2024
Publisher : LP2M Sekolah Tinggi Agama Islam Ar-Rosyid Surabaya

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Abstract

This research is done because the increasing cases of intolerance in Indonesia. As a diverse country where Islam is the largest religion, Islamic educational institutions play a crucial role in maintaining diversity to foster harmony and peace. Pesantren, as one of the Islamic educational institutions, contributes to teaching a moderate religious attitude. The aim of this research is to understand and explore the teaching of religious moderation in pesantren in relation to the challenges faced by students in the era of society 5.0. This study adopts a qualitative descriptive approach with literature research as the research type. Data were collected through academic journal articles published in the last 5 years and online news related to religious moderation, pesantren, and the era of society 5.0. The results indicate that the advancements and technological sophistication in the era of society 5.0 have both positive and negative impacts on human life. The negative effects include changes in human thought and lifestyle in social and religious aspects. As a pluralistic nation, Indonesia needs to maintain the unity of its religious communities in accordance with the principles of Pancasila. Furthermore, pesantren, as one of the Islamic educational institutions, plays a vital role in teaching a moderate religious attitude in the era of society 5.0. One of the forms of teaching is through the internalization of values such as justice, harmony, and unity in the learning of the Quran and traditional Islamic texts in pesantren.
Co-Authors Vita Fitriatul Ulya