Claim Missing Document
Check
Articles

Found 2 Documents
Search

DETERMINATION OF MARRIED DISPENSATION NUMBER: 008/Pdt.P/2018/Tgm AND 0012/Pdt.P/2019/Tgm IN MASLAHAH PERSPECTIVE Tiswarni Tiswarni; Jayusman Jayusman; Aimas Soleha Rohilati
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3556

Abstract

This paper aims to analyze the judges’ considerations of the Class I B Tanggamus Religious Court in the case of the determination of the Marriage Dispensation Number 008/Pdt.P/2018/PA. Tgm and 0012/ Pdt.P/2019/PA.Tgm, and the reasons put forward by the petitioners, as well as reviewing them from the maslahahah side. This research method is descriptive qualitative, with the Ushul Fiqh approach. Collecting data through documentation and library research, using sources related to the main research problem, both primary and secondary sources with philosophical, juridical, and logical approaches, and content analysis techniques. As a result, the panel of judges gave its decision based on the fact that their marriage could be carried out immediately because the applicants were consensual and always together, and there was a concern that unwanted things would happen in religion or the law. The reasons for parents to marry off their children at a young age (under 19 years) are due to cultural factors, releasing the burden on parents, and because they are pregnant outside of marriage. From the view of maslahah, this dispensation of marriage does not bring benefit, but rather brings harm. Because the impact after marriage, it turns out that one of them always quarrels in his household so he doesn’t live together anymore. And one other even though they still live together, but their lives are very deprived and unworthy.
Istibdal Wakaf Sebagai Solusi Pendayagunaan Benda Wakaf Masa Post Covid-19: Analisis Pendapat Ulama Mazhab Tiswarni Tiswarni
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.18315

Abstract

This paper explaines the necessity to maintain the sustainability of the benefits of waqf objects, especially waqf for health facilities through istibdal waqf after the Covid-19 pandemic. When the pandemic hit the country, many people were infected by the corona virus outbreak, thus inspiring several Islamic philanthropic institutions to participate in easing the burden on the society and government by raising waqf funds directed at the procurement of medical devices. After Covid-19 hit, even in some regions, there were calls to lift the "pandemic" condition to endemic, then medical devices derived from waqf became no longer used. This makes several institutions, namely Dompet Dhuafa and the Qur'an Waqf Board, think hard about how to utilize the waqf of health facilities so that they continue to benefit the community. The research problem in this paper is how istibdal waqf is a solution to maintain the sustainability of the utilization of waqf objects in the post-COVID-19 period. This type of research is Islamic legal research with qualitative methods. Data were obtained through interviews and documentation and analyzed inductively. The results showed that Dompet Dhuafa and the Qur'an Waqf Board in maintaining the sustainability of the benefits of waqf objects donated several waqf medical devices to several health facilities. Even though giving waqf objects is not allowed by scholars. The solution that DD and BWA can do is to conduct istibdal waqf, so that waqf objects can still be used mauquf 'alaih and are in line with the opinion of the sunny mazhab scholars and positive law in Indonesia.