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TINJAUAN HUKUM ISLAM TERHADAP PENGGUNAAN UANG YANG DIBENTUK DALAM HIASAN SEBAGAI MAHAR PERNIKAHAN M Alwi Ath Thariq; M Zuhdi Imron; Zuraidah Azkia
Usroh: Jurnal Hukum Keluarga Islam Vol 6 No 1 (2022): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.557 KB)

Abstract

This research is motivated by the use of money formed in decoration as a wedding dowry. The purpose of this study is to determine the factors that cause people to use money made as decorations as a marriage dowry and to find out how Islamic law reviews the use of money formed by hisan as a marriage dowry. The method used in this research is a qualitative descriptive method with the type of field research. Based on the results of the study, it can be concluded that first, the factors that cause people to use decorative money as a wedding dowry, among others, because it has unique elements, follows trends, the number of craftsmen for decorative dowry money, can be used as decoration and can be used as a keepsake. Second, a review of Islamic law on the use of money made as decorations as a dowry, among others, based on the hadith of the prophet from Sahal bin Sa'ad al Sa'adiy in the form of muttafaq 'alaih, that the dowry is an obligatory thing in a marriage and does not burden the husband in marriage. giving a dowry to his wife, even from an iron ring and memorizing the Qur'an is allowed as a dowry. Furthermore, based on the rules of fiqhiyyah, the law of origin of something is permissible, until there is a proof that shows its prohibition. In addition, the dowry of money can also be useful at a time when a husband and wife need funds so that they can take the money from within the frame to meet their needs. Keywords: Islamic Law; Dowry; Money
PEMBEBANAN NAFKAH IDDAH DAN MUT’AH DALAM PERKARA CERAI GUGAT DALAM TINJAUAN HUKUM ISLAM DI INDONESIA DAN MALAYSIA Rizki Putra Pratama; Zuraidah Azkia; A'dawiyah Bt Ismail
Usroh: Jurnal Hukum Keluarga Islam Vol 7 No 1 (2023): Usroh
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ujhki.v7i1.17738

Abstract

Abstract Divorce lawsuits filed by wives are often not accompanied by additional demands on the husband to provide Iddah and mutah. Because many cases that occur in a divorce lawsuit, a wife does not get the right to provide iddah and mut'ah. Even though the application for a living right can be submitted at the time of filing a divorce suit as in the Decision of the Pangkalan Balai Religious Court No.727/Pdt.G/2021/Pa.Pkb. The purpose of this paper is to find out the legal basis that the judge considers regarding the imposition of iddah and mut'ah maintenance in divorce cases and to understand the review of Islamic law in Indonesia and Malaysia on the imposition of iddah and mut'ah maintenance in divorce cases. This research uses a type of field research or what is called (field research). From the results of the study it was found that the judge made a decision based on the consideration of the party's evidence presented at trial, where evidence was found that the plaintiff was not nusyuz so that based on the theory of justice and the protection of women's rights, the judge could make a decision in accordance with the ijtihad that was carried out. In addition, according to Islamic law in Indonesia it is in line with Article 41 of Law No. 1 of 1974. Meanwhile, according to Islamic law in Malaysia it is in line with the Anakmen Islamic Family Law Number 17 of 2003. Keywords.: Divorce; Iddah income; Mut'ah