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All Journal Jurna Ilmiah Hukum Keluarga Islam
Abd Wafi
Universitas Islam Malang
Religion Law, Crime, Criminology & Criminal Justice

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BATAS PELAKSANAAN MASA IDDAH BAGI PEREMPUAN PERSPEKTIF EMPAT IMAM MADZHAB Zakiyah Nur Aini; Ach. Faisol; Abd Wafi
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The dissolution of marriage between husband and wife makes it obligatory for Muslim women to perform iddah. However, not a few Muslim women in Indonesia do not understand the implementation due to lack of knowledge about religion. The need to re-examine the limits of the implementation of iddah in order to help Muslim women understand about iddah and to add references to fiqh activists in understanding iddah. Many fiqh scholars provide arguments related to iddah such as Hanafi priests, Maliki priests, Shafi'i priests, and Hanbali priests. This study discusses the arguments of the madhhab imam in determining the limits of the implementation of the iddah period and the legal istinbath method used in its determination. This study uses a library method that takes library sources, namely fiqh books, books, and articles that discuss iddah. The results of the study concluded that the four priests agreed to use the legal istinbath method which was sourced from the Qur'an because the explanation was clear regarding the implementation of iddah. Then the arguments of the four madhhab priests are also not much different regarding the implementation of different iddah only in the minimum and maximum limits of its implementation set by each madhhab scholar.
KONTRIBUSI HUKUM ISLAM TERHADAP KOMPILASI HUKUM POSITIF DI INDONESIA Rifki Kader; Nur Hasan; Abd Wafi
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Compilation of Islamic Law, is discuss aspects of Islamic law in Indonesia. This discussion complex matter even though occupies an important position in life of the nation today. Formulation of the problem is how to regulate Islamic Law in the Compilation of Islamic Law in Indonesia and how the position of the Compilation of Islamic Law in Positive Law in Indonesia. The position of the research is to determine the arrangement of Islamic Law in the Compilation of Islamic Law and to determine the position of the Compilation of Islamic Law in Positive Law in Indonesia. This type of research is normative, using descriptive analysis of library reasearch, primary legal materials, secondary legal materials and tertiary legal materials. The legal analysis method is normative juridical. The result was success in compiling the book Compilation of Islamic Law as a guide for the Muslim community in Indonesia and a reference for judges in the Religious Courts. Islamic law is regulated in three books Compilation of Islamic Law which contains Marriage Law, Inheritance Law and Endowment Law. The position of the Compilation of Islamic Law is recognized as one of the Positive Laws applicable in Indonesia based on Presidential Instruction No. 1 of 1991.
Co-Authors Ach. Faisol Nur Hasan Rifki Kader Zakiyah Nur Aini