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All Journal Nizham Journal of Islamic Studies
Khoirul Ahyar
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Religion Education

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PERWALIAN ANAK BIL MA’I SUBHAH;KAJIAN TERHADAP PUTUSAN PENOLAKAN ISBAT NIKAH Khoirul Ahyar
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3410

Abstract

Controversy over marital status failed in marriage is common in society. Does not cover the possibility of the validity of the marriage is null and void, and the father may lose custody. So how about the guardianship of marriage from the parents whose marriage is denied by the religious court While they are actually married couples. As an effort to break it down, it is by detailing the condition of the child out of wedlock from the marriage that is rejected by the marriage contract as well as the integration of the applicable laws and regulations. And it is also known that the Penghulu who set the guardian of the marriage has the flexibility to testify based on Islamic law and population data as stated in PMA number 20 of 2019. So this research is conducted to obtain data that has been tested its scientific truth, find the source of the problem of failure in marriage. The conclusion of this study is that the couple whose marriage was rejected by the religious court is included in the category of subhah marriage which according to fuqoha does not cause the annulment of the previous marriage. Therefore, one should be careful not to think that the accusation of adultery for a person whose marriage is rejected is rejected by the religious court as the views of fuqoha and scholarly agreement.
QAUL QODIM WA QAUL JADID IMAM SYAFI’I (KEMUNCULAN & REFLEKSINYA DI INDONESIA) Khoirul Ahyar
Nizham Jurnal Studi Keislaman Vol 3 No 1 (2015): Islam dan Konflik Sosial
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (529.686 KB)

Abstract

In this paper contains background of qaul qodim and qaul jadid. Where qaul qodim appeared in Iraq and qaul jadid in Egypt.Both qaul the results of thought of Imam Syafi'i. In his time, thought Syafi’i has evolved along with various backgrounds around. Initially, opinions or thoughts Syafi’i experience different impacts on the surrounding of social environment. But gradually, Imam Syafi'i thought it could be based on the usul fiqh. Even the book ar-treatise written by the Imam Syafi'i fiqh is considered as the basic premise of the law.Syafi’i great services for today can be felt, especially in Indonesia. Where there are many fatwas are set by the mufti and judge thanks to Imam Shafi'i contribute ideas. Qaul results of qaul jadid think do Syafi’i in egypt is the result of a refinement of thinking done in a long time. Egypt condition brought the contribution of his edea in the repertoire of new knowledge in an environment in various schools of thought. This is what makes that particular context will bring new experiences and views.
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