Ahmad Rezy Meidina
Faculty of Sharia and Law UIN Sunan Kalijaga Yogyakarta

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Granting of License Polygamy PerspectiveMaqasid: Analysis of Article 4 of Law Number 1 of 1974 and Article 57 of the Compilation of Islamic Law Ahmad Rezy Meidina
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.v3i3.73

Abstract

This article I focus on the reasons for granting polygamy permission for a man as contained in the provisions of Article 4 of Law No. 1 of 1974 and Article 57 Compilation of Islamic Law using the approach of ushul fiqh. Polygamy is an issue in Islamic family law both in classical jurisprudence and in contemporary jurisprudence. Islamic marriage law allows husbands to commit polygamy with a maximum of four as in the QS. An-Nisa verse (3) among scholars have different opinions about the provisions of polygamy, there are those who allow it with loose requirements and there are also some scholars who require it strictly. The granting of polygamy permission is very relevant to the concept of sharia maqasid in the aspect of daruriyat, which is to protect the offspring (children) in article 4 of Law No. 1 of 1974 and article 57 KHI if a wife is unable to give birth or give offspring then the husband has the right to propose to marry more than one wife.
The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law Eka Permata Sari; Ahmad Rezy Meidina
International Journal of Social Science and Religion (IJSSR) 2022: Volume 3 Issue 3
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v3i3.98

Abstract

This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receives the pawn should not take advantage of the pawned goods. This matter is based on the fact that the main pawning contract is debt, and the principle that applies is to help (ta’awun), not to seek a profit (without any strings attached). However, the existing practice in society is the opposite. The pawn contains an element of usury by using the pawned goods in rice fields or coconut plantations to take advantage instead of helping. The author offers the concept of bai'ul uhdah that can be used as a solution for usury in goods pawns. The pawnbroker and the pawnee can replace the usual pawn transactions carried out with a baiul 'uhdah contract. Therefore, the use of pawned goods by the parties pawnbrokers is no longer considered a form of taking advantage of receivables. In conclusion, this paper uses a normative approach to uncover valid values in the practice of pawning in society that could be actualized in the future.