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All Journal JURNAL MAHKAMAH AL QUDS : Jurnal Studi Alquran dan Hadis Al Hurriyah : Jurnal Hukum Islam ISLAM TRANSFORMATIF : Journal of Islamic Studies Jurnal Ulunnuha Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Islam Transformatif : Journal of Islamic Studies Al Hurriyah : Jurnal Hukum Islam Jurnal Dedikasia : Jurnal Pengabdian Masyarakat Innovative: Journal Of Social Science Research International Journal of Social and Education (INJOSEDU)
Arsal Arsal
Universitas Islam Negeri (UIN) Sjech M. Djamil Djambek Bukittinggi
Religion Humanities Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Itsbat Nikah Terhadap Pernikahan Dibawah Umur Perspektif Mashlahah Mursalah (Studi Analisis Penetapan Nomor 4/Pdt.P/2022/PA.PP) Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman
Innovative: Journal Of Social Science Research Vol. 3 No. 3 (2023): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v3i3.1756

Abstract

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.
THE VIEWS OF THE BOOK AL-MAJMU' SYARH AL-MUHADZDZAB, IMAM AL-NAWAWI ON THE LAW OF BANK INTEREST M. Doni; Arsal Arsal
INJOSEDU: International Journal of Social and Education Vol. 2 No. 10 (2026): International Journal of Social and Education (INJOSEDU)
Publisher : Adisam Publisher

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Abstract

The issue of bank interest is still an important debate in the study of Islamic economics, especially related to its legal status which is associated with the prohibition of usury in the Qur'an and Sunnah. This study aims to analyze the law of bank interest based on the perspective of classical fiqh by focusing on the views of Imam al-Nawawi in the book Al-Majmu' Syarḥ al-Muhadzdzab. This study uses a qualitative method with a normative approach through literature studies. The main source of data is the book Al-Majmu' by Imam al-Nawawi, which is supported by classical and contemporary fiqh literature, scientific journals, and fatwas of relevant Islamic institutions. The data was analyzed using a descriptive-analytical method by examining additional concepts (ziyādah) in loan contracts (al-qardh) and the classification of usury, especially riba nasi'ah, then relating them to bank interest practices in the modern banking system. The results of the study show that Imam al-Nawawi expressly stated that any addition required in the debt-receivables contract is forbidden riba and causes the contract to become a façade. In addition, additions that are based solely on the delay of time are included in the category  of riba nasi'ah whose haram has been agreed upon by the scholars. Based on this framework, bank interest which is certain, determined from the beginning of the contract, and based on time substantially meets the criteria of riba according to the view of Imam al-Nawawi. Thus, from the perspective of the Shafi'i school, bank interest is included in riba and the law is haram, so that the development of the Islamic financial system is an urgent need to realize justice and economic benefits.
LEGAL ANALYSIS OF MEN LOOKING AT WOMEN IN THE BOOK KIFAYATU AL-AKHYAR BY IMAM TAQIYUDDIN AL HUSAINI Embrizal Embrizal; Arsal Arsal
INJOSEDU: International Journal of Social and Education Vol. 2 No. 10 (2026): International Journal of Social and Education (INJOSEDU)
Publisher : Adisam Publisher

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Abstract

This study discusses the law of men looking at women in the perspective  of the Kitab Kifayatu al-Akhyar by Imam Taqiyuddin al-Husaini, one of the great scholars of the Shafi'i school whose works are often used as references in the study of fiqh. This problem has a high urgency given that interaction between men and women in social life is inevitable, while Islamic sharia sets certain limits to maintain honor and prevent slander. This research aims to analyze the concepts, legal classifications, and basics of istinbath used by Imam Taqiyuddin al-Husaini in establishing the law of seeing women. This research is a library research with a normative-juridical approach. The main source of data is Kitab Kifayatu al-Akhyar fi Halli Ghayati al-Ikhtishar, while the supporting data sources come from the fiqh books of the Shafi'i school and relevant scientific literature. The data collection technique was carried out through documentation studies, while the data analysis used a descriptive-analytical method. The results of the study show that Imam Taqiyuddin al-Husaini divides men's views of women into several categories of law based on the existence or absence of the need and the potential for slander. Basically, seeing ajnabiyah women without a need that is justified by sharia is haram. However, in certain conditions such as the purpose of marriage and other shari'i needs, viewing is allowed with strict restrictions. This provision reflects the balance between legal strictness and benefit, and is relevant as a guideline for social ethics in the life of the Muslim community.
Co-Authors Beni Firdaus Busyro, Busyro Edi Rosman Edi Rosman Edi Rosman elfiani, elfiani Embrizal Embrizal Gusril Basir Hanif Aidhil Alwana M. Doni Maizul Imran Mohd Nasran Mohamad Muhammad Zubir Pendi Hasibuan Ranti Rafika Dewi Saiful Amin Shafra Shafra Siti Hafshah Syahanti Syamsul Arifin