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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam
Zakiyatus Soimah
IAIN Kediri
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Impact of Unauthorized Guardian Divorce on Shared Property from A Juridical And Sociological Perspective Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 1 (2021): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v7i1.290

Abstract

This study aims to see the extent of the impact of the breakup of marriage due to unauthorized guardianship on shared property. Using qualitative research and normative juridical approach, this study concluded that as long as the property is obtained during the marriage period, by Law of the Republic of Indonesia Number 1/1974 on Marriage, then automatically the property obtained is joint and divided in two between husband and wife.
Pemikiran Imam al-Ghazali Tentang Hukum Islam Zakiyatus Soimah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 7 No 2 (2021): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/faqih.v7i2.435

Abstract

The study aims to find out the extent of Imam al-Ghazali's legal thinking. Using qualitative approaches and literature studies, the study resulted in the conclusion that Imam al-Ghazali's method of legal excavation consisted of semantic, contextual, and textual approaches. The contextual approach of delving into the problem of iqtida, isharoh, lafad, understanding the law of its illat, understanding the meaning behind the spoken word and mafhum. A textual approach that addresses qiyas. The concept of ijtihad Imam al-Ghazali provides opportunities for Muslims who have the ability to arrive at the mujtahid position to preach. The concept of mujtahid not only stops at absolute mujtahid, but also includes mujtahid muqayyad which requires only some capacity on certain things
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