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All Journal Tafkir: Interdisciplinary Journal of Islamic Education JURIS (Jurnal Ilmiah Syariah)
JM. Muslimin
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought Suci Ramadhan; JM. Muslimin
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (623.109 KB) | DOI: 10.31958/juris.v21i1.5723

Abstract

Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in the meaning of justice for child custody. This study aims to analyze the positivistic and progressive Islamic legal thought in judges' decisions of child custody cases. This is normative legal research with statutory and case approaches. The legal material is six judges' decisions and is supported by books, scientific article, statutes, and interview. Then, it is analyzed by content analysis. The result states that judges who use textual reasoning tend to decide that child custody is the mothers right, referring textually to an article 105 of the Islamic Law Compilation. Meanwhile, the other judges who prefer to contextual reasoning, decide that child custody is the fathers right. The textual reasoning is steered by legal-positivism: logical coherence of the text is the main method in concluding decision. The contextual reasoning is driven by sociological as well as critical-progressive thought: deconstruction of legal text, contra legem approach by qiyâs (analogy) and istiḥsân (legal teleology), to produce the justice values based on child interests and parents conditions.
The Concept of Holistic Hygiene In Islam: The Integration of Taharah And Nazafah Yono Yono; JM. Muslimin; Ibnu Rusydi
Tafkir: Interdisciplinary Journal of Islamic Education Vol. 6 No. 2 (2025): Integrative Islamic Education
Publisher : Pascasarjana Pendidikan Agama Islam Institut KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/tijie.v6i2.1601

Abstract

The concept of cleanliness in Islam covers physical and spiritual aspects, with the integration of taharah (purity) and nazafah (cleanliness). This article explores the holistic hygiene approach in Islamic teachings, emphasizing the importance of maintaining overall cleanliness in everyday life. This study aims to analyze and formulate the concept of holistic hygiene in Islam. This study uses empirical normative legal research methods. Secondary sources used are the Qur'an, hadith books (al-kutub al-tis'ah), fiqh books written by scholars whose credibility is recognized, such as the Hashiyah book I'anat al- Talibin 'ala Hill Alfaz Fath al- Mu'in by Abu Bakr Ibn Muhammad Shata al-Dimyati, al-Tawjih al -Tashri'i al-Islamiy fi Nazafat al-Biah wa Sihhatiha by Abdullah Qasim al-Washli, Ri'ayat al-Biah fi Shari' at al-Islam by Yusuf al-Qardawi and Fiqh al-Bi'ah fil Islam by Mustafa Abu Sway. Data collection techniques are carried out by literature review. The findings of this study indicate that the integration of taharah and nazafah has a holistic hygiene concept in Islam includes cleanliness of faith, personal and environmental cleanliness and moral-spiritual cleanliness. Regarding environmental cleanliness, the paradigm that must be used is the anthroposophic paradigm by adhering to the 4 K principles, namely the principle of safety, the principle of cleanliness, the principle of purity and the principle of beauty. This study confirms that cleanliness carried out according to Islamic teachings directly impacts the community's physical health.
Co-Authors Ibnu Rusydi Suci Ramadhan Yono Yono