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Pandangan Imam Syarfi'i dan Hanafi Dalam Kasus Pernikahan Wanita Hamil Karena Zina Diana, Rashda
IJTIHAD Vol 8, No 2 (2014)
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1896.984 KB) | DOI: 10.21111/ijtihad.v8i2.2524

Abstract

Allah menciptakan laki-laki dan perempuan dan dianjurkan mencari pasangan sesuai syariat dan dalam ikatan tali perkawinan agar dapat memelihara seseorang dari perbuatan-perbuatan yang tercela, seperti perzinahan. Perzinahan adalah perbuatan yang tercela dan tergolomg kejahatan, karena dapat merusak hubungan, tercampurnya keturunan dan hilangnya rasa malu.Kasus perzinahan yang berdampak pada hamilnya pelaku wanita mengakibatkan munculnya masalah-masalah yang berkaitan dengan pernikahannya, baik dengan lelaki pasangan zinanya atau dengan lelaki lainnya.Menurut Imam Syafi’i menikahkan wanita hamil karena dengan laki-laki yang menzinahinya ataupun laki-laki yang bukan menzinainya dibolehkan dan akad nikahnya sah tanpa ada persyaratan taubat dan melahirkan sebelum menikah, akan tetapi apabila yang menikahinya bukan yang menghamilinya dilarang untuk berhubungan badan sampai melahirkan.Adapun menurut Imam Ahmad bin Hanbal tidak sah nikahnya kecuali bertaubat dan melahirkan sebelum melakukan pernikahan. Apabila keduanya melangsungkan pernikahan tanpa bertaubat maka nikahnya tidak sah dan dibatalkan, sampai dua syarat di atas terpenuhi maka pernikahan dapat dilangsungkan kembali.Perbedaan pendapat Imam Madzhab ini dipicu oleh pemahaman yang berbeda pada ayat ketiga dari surat An-Nur, sedangkan keduanya bertemu pada satu titik temu yaitu, tentang nasab, harta warisan, dan wali nikah. Sedangkan dalam Kompilasi Hukum Islam membolehkan untuk menikahi wanita hamil karena zina tanpa harus menunggu kelahiran anak tersebut. 
Grand Design of Halal Supply Chain on Pesantren Business: Study on AMIDAS Manufacturer's Company Retnowati, May Shinta; Arjuna, Agma; Al Faruqi, Musta’an; Hidayat, Iman Nur; Diana, Rashda
AL- IKTISAB Journal of Islamic Economic Law Vol 7 No 2 (2023)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v7i2.11455

Abstract

Indonesia is still far behind the western countries that have started a lot of studies on the halal business sector. Whereas on the one hand Indonesia is a country with a majority of Muslims, thus obliging most of them to meet their needs with the halal sector. Besides, Indonesia also has many pesantren that become a halal ecosystem indirectly. Many pesantren to meet their needs through various business units that indirectly support and improve the market sector halal in Indonesia. One of the business unit to be studied is a mineral water production business unit named AMIDAS. This research method uses qualitative research. Data collection techniques through observation, interviews, and documentation, with inductive descriptive analysis model to put forward the design form of halal supply chain implemented in AMIDAS manufacturer company. The results, as a manufacturer, AMIDAS goes through the whole supply chain procedure. AMIDAS receives plastic bottles, gallons, cartons, and cups from material suppliers from different regions for which they have also had security licenses on the products they produce. Products are received from suppliers by manufacturing, which then stores them in warehouses before producing bottled water for the corporation. AMIDAS distributes the goods to retailer, sub-retailer, and so on after it is completed and ready for marketing. The product  is stored in a clean warehouse and is protected from unclean or unwanted goods, as well as transportation used as well customers purchase goods from retailers after they are resold to sub-retailers dispersed throughout the Ponorogo region and surrounding Javan cities.
Ihdad for Career Women in the Perspective of Maslahah mursalah (Study of the Fatwa of the Indonesian Ulema Council Number 11 of 1981) Nasution, Saipul; Kanggas, Fazari Zul Hasmi; Rachmawati, Andini; Diana, Rashda; Hasanah, Nur
Ijtihad Vol. 18 No. 2 (2024): Ijtihad: Jurnal Hukum dan Ekonomi Islam
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/ijtihad.v18i2.12984

Abstract

**English**There are some restrictions for a woman who is in iddah, these restrictions are known as ihdad. Ihdad can be in the form of: not allowed to adorn and leave the house. In the Indonesian context, the provisions of ihdad are regulated in MUI Fatwa No.11 of 1981 concerning the iddah of death, which basically states that, firstly, whether or not it is permissible for a woman who is in iddah to leave the house is a matter of khilafiyyah, secondly, the opinion of the majority of scholars is that it is not permissible for a woman in iddah to leave the house at night, even if it is to perform the pilgrimage. In this case, the fatwa needs to be reviewed, especially its relevance for career women who are experiencing the iddah period. Because according to the author, the provisions in the fatwa have been considered long enough and are not in accordance with the increasingly advanced situation as it is now. And the method of legal istinbath Maslahah mursalah in this study is used as a review tool in the Fatwa, whether the fatwa is in accordance with the provisions set forth in Maslahah mursalah.   The result of this research is that the concept of ihdad described by the decree of Fatwa of the Indonesian Ulema Council No.11 of 1981 is by not being allowed to leave the house during the day and night, even though it is to perform the pilgrimage. However, if there is an urgent need then it is allowed to leave the house. With the analysis of Maslahah mursalah, MUI's fatwa on iddah of death which is intended for ihdad of career women is in accordance with Maslahah mursalah, because the fatwa has fulfilled the criteria or conditions described by Maslahah mursalah.                                                                                **Indonesia**There are some restrictions for a woman who is in iddah, these restrictions are known as ihdad. Ihdad can be in the form of: not allowed to adorn and leave the house. In the Indonesian context, the provisions of ihdad are regulated in MUI Fatwa No.11 of 1981 concerning the iddah of death, which basically states that, firstly, whether or not it is permissible for a woman who is in iddah to leave the house is a matter of khilafiyyah, secondly, the opinion of the majority of scholars is that it is not permissible for a woman in iddah to leave the house at night, even if it is to perform the pilgrimage. In this case, the fatwa needs to be reviewed, especially its relevance for career women who are experiencing the iddah period. Because according to the author, the provisions in the fatwa have been considered long enough and are not in accordance with the increasingly advanced situation as it is now. And the method of legal istinbath Maslahah mursalah in this study is used as a review tool in the Fatwa, whether the fatwa is in accordance with the provisions set forth in Maslahah mursalah.   The result of this research is that the concept of ihdad described by the decree of Fatwa of the Indonesian Ulema Council No.11 of 1981 is by not being allowed to leave the house during the day and night, even though it is to perform the pilgrimage. However, if there is an urgent need then it is allowed to leave the house. With the analysis of Maslahah mursalah, MUI's fatwa on iddah of death which is intended for ihdad of career women is in accordance with Maslahah mursalah, because the fatwa has fulfilled the criteria or conditions described by Maslahah mursalah.
Democracy In Islamic Politics (Historical Review of the Election of the Head of State in Islam) Munawaroh, Hifdhotul; Nurjanah, Nurjanah; Diana, Rashda
Jurnal Kawakib Vol 5 No 02 (2024): Studi Keislaman
Publisher : Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v5i02.226

Abstract

Muslim scholars are still debating democracy in Islam. Some of them reject democracy because the essence of democracy is the sovereignty of the people. At the same time, siyasah syar'iyyah (Islamic politics) is the sovereignty of Allah with its various provisions. Others argue that some of the substances of democracy are the same as the essence of Islamic politics, which have existed before democracy itself began to be hot in the discussions of political experts today. One form of democracy is the election of leaders. In the history of Islam, the appointment of leaders can be made in several ways, namely through nash (holy books), deliberation of ahlul halli wal 'aqd, wilayah al 'ahd, and coercion. The method of selecting leaders was implemented in the election and appointment of Khulafa ar Rasyidun as Caliph.
Maslahah and Justice in Islamic Inheritance: A Normative and Jurisprudential Inquiry Munawaroh, Hifdhotul; Akmal, Haerul; Diana, Rashda; Kurniawan, Cecep Soleh
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol. 24 No. 2 (2025): DESEMBER
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v24i2.9990

Abstract

Provisions in the transfer of property from people who died to those who were left behind, by the Fuqaha' are named as al-faraid, and or in Indonesia it is better known as Islamic inheritance law. The concept of justice in the distribution of inheritance is still a topic of discussion among the public. The zahir provisions of the Koranic texts that give men a larger share of inheritance than women and ignore equality pose a complicated problem faced by Muslims in various countries. This is because of the invisible Maslahah that is obtained by each heir. This study aims to analyze the concept of benefit in justice contained in Islamic inheritance law to answer contradictory arguments in determining benefit in the form of justice in Islamic inheritance law. This research is a literature review/research with documentation as a data collection method. Philosophical and normative approaches are being used in analyzing data, especially Islamic legal norms which are sourced from the Koran and Hadith. The results of this study indicate that in the distribution of inheritance, Islam is very concerned and even prioritizes the principles of Maslahah and justice for each heir. There is no assumption that Islamic inheritance law does not apply fairly and leads to discrimination against women, because justice has been proven on the side of benefit in the practice of dividing Islamic inheritance.