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Journal : Jurnal Akta

Fiqh Munakahat Review on Divorce Caused by Parental Interference in Padang Lawas District Pahrur Rozi Hasibuan; Sahmiar Pulungan; Fatimah Zahara
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33382

Abstract

Marriage is an act ordered by Allah and also recommended by the Prophet. Household stability and continuity of life between husband and wife are the main goals of marriage and this is very much taken into account by Islamic law. Carrying out married life does not require the possibility of divisions and disputes that cause the condition of the household to experience disharmony. It is phenomenal that more involvement by parents in the household will lead to dependency problems which always involve the parents and are not discussed beforehand between husband and wife, the existence of the family can sometimes be a problem in the household. So the relationship between in-laws and daughters-in-law often becomes a thorny relationship. This case will be studied from the Fiqh Munakahat legal review. Divorce based on the wishes of parents that occurs in the Padang Lawas community is not valid, because there are conditions and harmony that are not fulfilled. The will and willingness to carry out an action are the basis for taklif.
The Concept of Justice in the Distribution of Inheritance from the Perspective of Islamic Legal Philosophy Fatimah Zahara; Syahrini Harahap
JURNAL AKTA Vol 10, No 1 (2023): March 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i1.34012

Abstract

This paper aims to explain the concept of justice in inheritance law from an Islamic perspective. The first knowledge that was lost among Muslims was the knowledge of inheritance, as conveyed by the Prophet Muhammad PBUH. Not only that, there is an attempt to undermine the order of inheritance law in Islam. In the Quran, it is explained that the distribution of inheritance property has 2 provisions, namely mitslu hadzl al-untsayain (two to one) and furudhul al-muqaddarah with numbers 1/2, 1/3, 1/4, 1/6, 1/8, 2/3, this provision is part of the principle of justice. In Islamic legal philosophy, the concept of justice is formulated in maqashid al-syari'ah formulated by al-Syatibi, that the law based on justice is determined by maslahat which is divided into three, namely dharuriyyat, hajiyyat, and tahsiniyyat. This indicates that Islam is very concerned with the issue of justice. The conception of justice will continue to develop in line with social development.  This type of research is library research, which is a research that focuses on literature by analyzing the content of some literature related to research from both primary and secondary sources. Then analyze how the concept of justice in the distribution of inheritance from the perspective of Islamic legal philosophy. The result of the discussion is that the meaning of justice in Islamic inheritance law must follow the provisions of Allah swt. not equal distribution. Behind the distribution of inheritance in Islam contains justice that is universal in terms of theology, economics, social, and economic.