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All Journal Istinbath: Jurnal Penelitian Hukum Islam
Ayi Ishak Sholih Muchtar
Institut Agama Islam Darussalam (IAID) Ciamis, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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TALAK MELALUI SHORT MESSAGE SERVICE Dede Anwar Musadad; Hasan Bisri; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 1 (2019): Istinbath, Mei 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

This research is supported by the very rapid development of science and information technology at this time bringing a new paradigm in understanding the various problems that arise among Muslims. One type that may be affected by technological advances itself is the problem of divorce lafadz via Short Message Service (SMS). Where the issue of divorce via SMS is prevalent in several Islamic countries such as Malaysia, Saudi Arabia, including Indonesia and many other Islamic countries that have begun to raise the discourse about divorce via SMS. Of course the events of this new discourse have reaped many pro and contra polemics among the ulama. The method used in this research is library research method. The determination is in accordance with the characteristics of the problem under study. The determination of the use of this method is based on the opinion of Winarno Surakmad (1992: 139) which states that this method is intended for deepening and deeper study aimed at solving problems that exist in the present. Then this research method uses qualitative research methods, namely: analyzing data from specific data to be drawn to a general conclusion. After doing the research, the conclusion is: Talaki law via SMS is valid, it is applied to divorce by writing. The implication is that both are messages of divorce through non-verbal (spoken) text. The reason for the fall of divorce by sending an SMS is because writing (kitabah) is one way of providing an understanding of the intended purpose of the person writing it, which is why in this case writing is punished the same as direct speech if it is done simultaneously with the intention.
Pendapat Syaikh Nizhamuddin Al-Balkhi dalam Kitab Fatawa Al-Hindiyyah tentang Ittishal antara Ijab dan Kabul Akad Nikah Asep Koswara; Hasan Bisri; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.479

Abstract

Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the research are, (1) knowing and analyzing the opinion of Shaykh Nizhamuddin Al-Balkhi about ittishal between consent and kabul in the marriage contract, (2) knowing the basis of the legal arguments used by Shaykh Nizhamuddin Al-Balkhi regarding ittishal between consent and kabul in the marriage contract, and (3) knowing the ijtihad method used in his istimbath al-hukminya. In this thesis research the writer uses qualitative research methods, namely research methods that produce descriptive data in the form of words or written utterances from people or observed behavior. This type of research is a research library. The results showed, 1) The law of ittishal between consent and the marriage of marriage according to Shaykh Nizhamuddin Al-Balkhi in the fatawa al-hindiyyah book that ittishal between ijab and kabul nikah is only fi majlisin wahidin. The ittishal of the marriage contract that is valid in Indonesia is regulated in the Islamic Law Compilation (KHI) in article 27: consent and kabul between the guardian and the prospective groom must be clear in sequence and not intermittent. 2) The legal basis used by Shaykh Nizhamuddin Al-Balkhi in the matter of ittishal between consent and kabul akad nikah, namely the hadith of the Prophet narrated by Abu Dawud. 3) The ijtihad method used by Shaykh Nizhamuddin Al-Balkhi is qiyas. Shaykh Nizhamuddin al-Balkhi confirmed that the marriage contract was one majlis but did not work with the marriage contract that was represented and in a different place with the condition that there must still be witnesses.
SEBAB-SEBAB CERAI GUGAT DI PENGADILAN AGAMA CIAMIS TAHUN 2017 Yahya Yahya; Ahmad Nabil Atoillah; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 1 (2019): Istinbath, Mei 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

Divorce is the last solution that can be taken by a husband and wife in ending a marriage bond after holding peace or mediation to the maximum can be done at the wishes of the husband or the wife's request. Divorce made at the request of the wife is called a divorce. The purpose of divorce is the request of the wife to her husband to divorce (release) her from a marriage bond accompanied by iwadh in the form of money or goods to the husband in return for the imposition of divorce divorce. The imposition of divorce is as giving equal rights for women to break away from marital ties which are considered to have no benefit, and realize that wives also have the same rights to end marriages. This means that in certain situations a wife who is very tormented due to her husband has the right to sue for divorce with iwadh. In domestic life, even though at first husband and wife are full of affection as if it will not fade, it can even disappear with hatred. If hatred has come and husband and wife do not sincerely seek a way out and restore their love, it will negatively affect their offspring. Therefore, efforts to restore love are something that needs to be done. It is true that love is turned into hatred, but it also needs to be remembered that hatred can then return to love. The case of divorce in the Ciamis Religious Court in 2017 is very high according to information from the court
Kebolehan Pernikahan Beda Agama menurut Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam Aik Fauzan Fikri; Pepe Iswanto; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.481

Abstract

This study aims to determine the legal provisions of interfaith marriage, both according to Law Number 1 of 1974 concerning Marriage and according to the Islamic Law Compilation. The study used a content analysis method by comparing the legal provisions of interfaith marriage according to the two legal sources. The results showed that interfaith marriage according to Law Number 1 of 1974 concerning Marriage was actually prohibited, in accordance with Article 2 paragraph (1) and Article 8 letter (f) of Law No.1 of 1974. Interfaith marriage is also prohibited according to the Legal Compilation Islam according to articles 40 to 44 and article 61 that marriage is prohibited
Co-Authors Ahmad Nabil Atoillah Aik Fauzan Fikri Asep Koswara Dede Anwar Musadad Hasan Bisri Pepe Iswanto Yahya Yahya