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Fakultas Syariah dan Hukum UIN Raden Fatah Palembang
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MENGAQIQAHKAN ORANG YANG SUDAH MENINGGAL MENURUT MADZHAB SYAFI’I DAN MADZHAB HANBALI Fauri Gunawan; Bitoh Purnomo
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.523 KB) | DOI: 10.19109/muqaranah.v5i2.10538

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Abstract The Law of Imparting People Who Have Died According to the Syafi'I School and the Hanbali School. According to the Shafi'i Madhhab, it is permissible to certify a person who has died, if there is a baby, it is sunnah to be aqiqah. If a parent dies, it is permissible if there is a will from the deceased person. Meanwhile, according to the Hanbali Madzhab, it is permissible to aqiqah a person who has died, be it a baby or an elderly person, as long as the aqiqah is performed in multiples of 7 (a week). And the similarities and differences between the Aqiqah of the Dead According to the Shafi'i and Hanbali schools, the similarities between the two are that they are both an expression of gratitude for the blessings that Allah has given in the form of the birth of a child. When a baby is born, Satan immediately meets him, embraces him, puts him in his hands and tries his best to make him his follower, while the difference between the two is in terms of the law. Meanwhile, in the Hanbali school of law, it is the sunnah of mu'akkad to aqiqah a person who has died. This research is a type of descriptive qualitative research, the method used in this thesis is library research Keywords: Aqiqah, Madzhab Syafi‟i, Mazhab Hanbali
Penetapan Konsep Adil Dalam Berpoligami Menurut Hukum Islam dan Hukum Adat Nur Ainah; Legawan Isa; Bitoh Purnomo
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.12257

Abstract

Abstract: This article aims to understand the concept of fairness in polygamy in terms of customary law in Bangun Sari Village, Tanjung Lago District and in terms of Islamic law. This research was motivated by a controversial issue whose debate gave birth to various opinions, especially on the concept of justice as the main requirement in polygamy. In Islamic law and positive law there is no prohibition against polygamy. However, it must go through rules or procedures and applicable legal rules as well as with reasons that can be used as arguments for polygamy. The approach method in this writing is to use a comparative approach. Data was collected by means of interviews and documentation. Data were analyzed descriptively qualitatively. The results of this study state that the application of the concept of fairness in polygamy according to customary law in Bangun Sari Village, Tanjung Lago District is different from Islamic law, namely that polygamy is allowed by traditional leaders who do not have male offspring. The practice of polygamy in Bangun Sari Village, Tanjung Lago District was concluded not to be in accordance with Islamic law.
Co-Authors Fauri Gunawan Legawan Isa Nur Ainah