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Journal : Samara: Journal of Islamic Law and Family Studies

Phenomenology of Buying and Selling Practices in Islamic Societies: How is it Implemented Mulyani, Ridha; Sulastri, Widia; Nailurrahmi, Nailurrahmi; Pratiwi, Nila; Rahmita, Rahmita; Habib, Abdul; Sihombing, Yusuf
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Buying and selling is exchanging something you want for something equivalent through certain useful methods. The exchange must be beneficial for humans so that carcasses, liquor and blood are not included in things that may be traded or exchanged, because these objects are not useful for Muslims. According to Article 20 paragraph 2 of the Compilation of Sharia Economic Law, this research uses library research, collecting books and writings that are directly or directly related to the issues above. After the data is collected, classification analysis is then carried out using deductive methods to reach conclusions. Ba'i is buying and selling between objects and objects, or the exchange of objects for money. Primitive society when money was not used as a means of exchanging goods, namely with a barter system. Even though buying and selling using the barter system has been abandoned, and replaced by a currency system, sometimes the essence of such buying and selling still applies, even if it is to determine the amount of goods exchanged but is calculated using a certain currency value, for example, Indonesia buys vehicle spare parts to Japan, then the imported goods are paid for.
Dilemma of Unregistered Marriage for Establishing Children's Lineage Aples, Aples; Mardianton, Mardianton; Rahmita, Rahmita; Kapitri, Neneng; Nurlaila, Nurlaila; Yusrizal, Syamsi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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The petitioner filed a request for the determination of lineage to ensure the child's rights are fulfilled. Based on legal considerations, the Judge granted the request by considering the evidence presented, such as letters and witness testimonies. Legal facts indicate that the children were born from the lawful marriage of Petitioner I and II, thus they are eligible to be recognized as legitimate children. This chapter discusses the research findings and discussion regarding the background of the implementation of marriage reformation/tajdid nikah and the submission of requests for the determination of child's lineage in case No. 115/Pdt.P/2023/PA.PN at the Religious Court of Painan. The research method used by the researcher is a legal approach (state approach) with descriptive-analytical specifications in the case decision: 115/Pdt.P/2023/PA.PN. Results. Firstly, the reformation of marriage in Case 115/Pdt.P/2023/PA.PN is based on reasons that align with religious and governmental regulations, such as the previous marriage being terminated due to the waiting period (iddah), for administrative validity, and the marriage being conducted solely for the official record from the Office of Religious Affairs (KUA). Secondly, the background of the submission of the request for the determination of child's lineage is because Petitioner I and II had a secret marriage in 2015, were blessed with 2 children, their effort for formalizing the marriage was rejected, then they officially registered their marriage in 2023. The aim is to ensure the fulfillment of the children's rights such as birth certificates and education. Thirdly, in deciding the case of the child's lineage, the judge's consideration is based on juridical, philosophical, and sociological aspects, taking into account the fulfillment of the rights and welfare of the child.
Prohibition of Marrying Maternal Cousins from the Perspective of Islamic Law Gunawan, Hendra; Rahmita, Rahmita; Nafian, Zidni Ilman
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 2 (2025): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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The prohibition of marriage between first cousins by the community in the village does not include women who are forbidden to marry. However, there are strong customary laws that have been passed down from generation to generation by ancestors that prohibit marriage between first cousins. This is due to strong family ties and concerns that the offspring will suffer from severe physical and mental disabilities. Using a descriptive qualitative research method with an empirical legal approach, the data analysis used empirical methods such as interviews, field notes, and other personal documents. The primary data sources were ninik mamak, buya/ustadz, and wali nagari. Meanwhile, the secondary data sources were theses, journals, books, and other materials related to the discussion. The Rumbai River community's understanding of the prohibition against marrying cousins from the same mother is due to several reasons, namely: because it has become a rule or custom in the area; to avoid conflict between communities within the clan; and to avoid unwanted genetic similarities. The prohibition against marrying first cousins is a deeply ingrained custom or culture. If someone is found to have married a first cousin, they will be expelled from the community. From an Islamic legal perspective, marrying a cousin is not prohibited, as they are not considered mahram or people who are forbidden to marry. However, it is also important to note that the Prophet Muhammad (peace be upon him) recommended that Muslims marry people who are not too closely related. This recommendation may be intended to expand family ties and avoid the possibility of breastfeeding.