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The Rule Minimum Age of Marriage in Islamic Family Law in the Muslim World Mega Puspita; Nindya Octariza
International Journal of Social Science and Religion (IJSSR) 2022: Volume 3 Issue 2
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v3i3.71

Abstract

Questioning the issue of the minimum rules for marriage in Islam itself is not explained in detail about the minimum age for marriage. In jurisprudence, scholars of different schools of thought have different opinions regarding the minimum age limit for marriage, which in essence, someone who has reached the age of puberty can already get married. This article aims to discuss the minimum rules for marriage that are applied in every Muslim country in the world. The minimum marriage rules discussed are in Indonesia, Algeria, Bangladesh, Egypt, Iraq, Jordan, Lebanon, Libya, Malaysia, Morocco, Yaman, Pakistan, Somalia, Syria, Tunisia, Turkey, Afghanistan. The minimum age difference in some Muslim countries including Indonesia stems from the way each country determines the direction of their legislation, especially in marriage laws. Because in some countries it refers to the school of jurisprudence that it uses. Then, the purpose of the minimum age in marriage is to minimize the risks that will occur in marriage such as: Divorce caused by the immaturity of the child's mentality, difficulties in fulfilling family livelihoods, the potential for the birth of an unhealthy child caused by the biological immaturity of the child, and potential for maternal death due to pregnancy at an early age.
Historicity of Islamic Inheritance Law in Indonesia and Turkey Mega Puspita; Ahmad Rezy Meidina
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.189 KB) | DOI: 10.24090/el-aqwal.v2i1.7648

Abstract

This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.
Kontestasi Keberagamaan di Media Sosial: Kontra Interpretasi ‎Radikalisme di Platform Youtube Elis Mila Rosa; Mega Puspita; Rizal Samsul Mutaqin; Zezen Zainul Ali
Jurnal Penelitian Agama Vol. 23 No. 2 (2022)
Publisher : LPPM UIN Saizu Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jpa.v23i2.2022.pp175-196

Abstract

Religious practices and understandings are not only expressed in the real world but also in cyberspace through several platforms. Social media is an alternative nowadays to spread religious ideas, one of which is through Youtube. Youtube as a platform that has several features and a wide reach is a medium used by ustadz to preach and spread religious ideas. However, the different scientific backgrounds possessed by each Ustadz and jama'ah who listened to lectures gives birth to an understanding that tends to truth claims and results in religious contestation. This paper wants to photograph the form of religious contestation on social media and the application of religious moderation for social media users. To analyze it, this study uses qualitative methods, in the process, the author uses a type of ethnographic research (ethnography) as an intermediary in finding available data on digital traces as well as literature (library research). This study focuses on some of the content in the Youtube account of Al-Bahjah and Khalid Basalamah Official as a data source, and the data obtained will be narrated descriptively. This research departs from the argument that in practice or understanding, it does not just appear out of nowhere. The phenomenon of religious contestation has internal and external factors that shape religious life and religious moderation as a solution to the existing phenomenon.
STRATEGI PENYIARAN ISLAM ADAT BASANDI SYARAK, SYARAK BASANDI KITABULLAH Mega Puspita; Khairul Umami
Jurnal Akademika Kajian Ilmu-Ilmu Sosial, Humaniora Dan Agama Vol 4 No 1 (2023): Jurnal Akademika: Kajian Ilmu-Ilmu Sosial, Humaniora dan Agama
Publisher : Wahdatul Ulum Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3122/jak.v4i1.54

Abstract

This article is about the Minangkabau Muslim community who use the syarak basandi custom. Syarak basandi Kitabullah is a traditional philosophy. This philosophy is a philosophy of life that is held by the Minangkabau people, they make Islam a basis/guideline for behavior in social life. Recently, a new law was issued which explains customary philosophy in Article 5 Letter c, namely Law Number 17 of 2022 concerning the Province of West Sumatra. The method in this research is juridical-normative. The findings in the study of the West Sumatra Law have many interpretations, firstly, adat basandi syarak, syara' with the joint of the Kitabullah which is intended for all communities of Mutuka Nagari in West Sumatra Province. Second, the custom of basandi syara', syara' based on the book of Allah is intended for the Minangkabau community. Third, this law has an impact on the Mentawai people who do not accept this provision, because they feel they have a different culture and characteristics from Minangkabau. This West Sumatra Law is not a sharia regional regulation like Aceh but only limited to customs that are strengthened and recognized by the country of existence and are still based on the Unitary State of the Republic of Indonesia.