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PENGHALANG KEWARISAN DALAM PASAL 173 HURUF (a) KOMPILASI HUKUM ISLAM Fithriani, Ahda
Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (476.236 KB) | DOI: 10.18592/syariah.v15i2.547

Abstract

The presence of Article 173 (a) Compilation of Islamic Law brought changes in Indonesia because Islamic inheritance particularly attempted murder and persecution to enter weight as a barrier inheritance. Previously, jurists agreed only three things that make an unobstructed heir to inherit that slavery, religious differences, and murder. Through the viewpoint of Islamic law, attempted murder and persecution weight of a renewal in Islamic law which is supported by one of the methods of ijtihad is sadd al-zariat. Methods sadd al-zariat closed the road for someone to expedite the distribution of the estate with attempted murder and severe persecution against muwarris. Through this method, the inheritance rights of the offender will be hindered because of his actions.
PENGHALANG KEWARISAN DALAM PASAL 173 HURUF (A) KOMPILASI HUKUM ISLAM Fithriani, Ahda
Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (476.236 KB) | DOI: 10.18592/syariah.v15i2.547

Abstract

The presence of Article 173 (a) Compilation of Islamic Law brought changes in Indonesia because Islamic inheritance particularly attempted murder and persecution to enter weight as a barrier inheritance. Previously, jurists agreed only three things that make an unobstructed heir to inherit that slavery, religious differences, and murder. Through the viewpoint of Islamic law, attempted murder and persecution weight of a renewal in Islamic law which is supported by one of the methods of ijtihad is sadd al-zari'at. Methods sadd al-zari'at closed the road for someone to expedite the distribution of the estate with attempted murder and severe persecution against muwarris. Through this method, the inheritance rights of the offender will be hindered because of his actions.
Pamali and Multiculturalism: Islamic Thought in Preserving the Rights of Cultural Customs in Banjar Society Fithriani, Ahda; Faridah, Faridah; Syarqawi, Fitriana; Jahra, Pati Matu
Kawanua International Journal of Multicultural Studies Vol 5 No 1 (2024)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v5i1.1087

Abstract

The research titled "Pamali and Multiculturalism: Islamic Thought in Preserving the Rights of Cultural Customs in Banjar Society" focuses on the role of the Pamali tradition in maintaining cultural diversity and local identity within the Banjar society of South Kalimantan, all within the framework of Islamic thought. The study aims to explore how Pamali can serve as a tool for preserving minority rights and promoting multiculturalism in an Islamic context. Additionally, it seeks to analyze the relevance and effectiveness of the Pamali tradition in addressing the challenges posed by modernization. This research employs a qualitative approach, specifically a case study of the Banjar community. Data were collected through participatory observation, in-depth interviews with community leaders, and analysis of literature related to Pamali and multiculturalism in Islam. The findings reveal that Pamali plays a significant role in preserving local culture and supporting the integration of Islamic values with local traditions. The study confirms that Pamali not only helps maintain the cultural identity of the Banjar people but also promotes inclusive multiculturalism within an Islamic framework. However, the effectiveness of Pamali in preserving multiculturalism faces challenges from the pressures of modernization, which require more structured adaptation and institutional support. This research contributes to a deeper understanding of the role of local traditions in Islamic multiculturalism and offers insights for developing cultural preservation policies in Indonesia.