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KONSTRIBUSI PEMIKIRAN MUHAMMAD IQBAL DALAM PEMBAHARUAN HUKUM ISLAM Darmawan Tia Indrajaya
Hukum Islam Vol 13, No 1 (2013): Juni 2013
Publisher : Fakultas Syariah dan hukum Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v13i1.962

Abstract

Controversy of Adopted Children Status and Foster Father in the Marriage Process Based on Islamic Law Perspective Fauzi, Ahmad; Indrajaya, Darmawan Tia; Zikri, Ahmad; Zulfahmi, Zulfahmi; K, Hendri
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.100

Abstract

This paper seeks to explain the controversy regarding the status of adopted children and adoptive fathers in a marriage procession by using a normative juridical approach, it is concluded that the status and position of adopted children in the Islamic legal system does not break the kinship relationship between the adopted child and his biological parents so that the adoptive father does not become the guardian of his adopted child except through the mandate given by the child's biological parents. This study uses a normative approach and method, conducted by examining theoretical matters concerning Islamic legal norms and positive law. Primary sources are the Koran, hadith, Compilation of Islamic Law, and Marriage Laws. Secondary sources refer to the opinions of experts, as well as references related to the issues raised. The results of this study explain that the validity of the marriage guardian for adopted children is to remain with the lineage guardian if his whereabouts are still known and cannot be replaced by anyone except the lineage guardian is unknown, then the marriage guardian can be replaced by a judge's guardian. However, if in practice the adopted child is not known who the biological parents are, then the adopted daughter's marriage guardian is the adoptive father, or if the adoptive father receives a mandate from the child's biological father, then the marriage is valid as stated by al-Bahuti
JOINT PROPERTY OWNERSHIP OF SPOUSES ACCORDING TO SHARIAH TRADITIONS AND PRINCIPLES IN MALAY REGION Nurafni; Aslati; Darmawan Tia Indrajaya
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 5 No. 1 (2025): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v5i1.1535

Abstract

This study examines the interaction between the concept of shared property in Malay custom and the principle of "dhimmah maliyah" in sharia, aiming to analyze differences and similarities in the practice of joint property ownership. With the framework of legal pluralism and a socio-legal qualitative approach, the study found the formation of a hybrid system. The fundamental difference lies in the communal principle of customary versus individual sharia. The similarities are found in syncretic practices where customary principles dominate acquired property during marriage, while sharia principles are applied selectively to inherited property and inheritance, suggesting the existence of creative negotiations.