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Journal : El 'Aailah

MAHAR PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS: PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS Nurdiansyah, Enur; Wasman, Wasman; Rarawahyuni, Ika
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.279

Abstract

Dowry is a form of protection from Allah SWT towards the purity of human nature, as well as recognition of gender equality in Islamic law. Giving a dowry is a form of a man's sincerity in building a household together with a woman, and is an acknowledgment of the wife's rights in owning and managing property, as the husband has those rights. This research aims to determine the provisions at dowry levels according to the hadith of the Prophet Muhammad SAW. The research method used is qualitative library research. The dowry in Islamic law is not the price paid by the husband in a sale and purchase transaction. It is more about glorifying a man to the woman he marries. Therefore, a man who wants to get married should prepare an appropriate dowry to honor his future wife, and a woman should not make things difficult for her future husband by asking for an excessive dowry. Islam does not strictly limit the amount of dowry. The price of the dowry, whether in the form of goods or services, is up to the agreement between the prospective husband and the prospective wife. When the dowry is not mentioned or has not been agreed upon at the time of the marriage ceremony, a mitsil dowry can be determined whose amount is equal to the general one in the community where the bride lives.
Perlindungan Anak Angkat dalam Undang-Undang Nomor 23 Tahun 2002 dalam Perspektif Hifdz Al-Nasl Al-Ghazali Nasruddin, Nasruddin; Wasman, Wasman; Rofii, Ahmad; Setyawan, Edy; Fansuri, Hamzah
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.303

Abstract

This study aims to analyze and explore legal protection for adopted children in the perspective of Law Number 23 of 2002 concerning Child Protection, by linking it to the hifdz al-nasl thinking according to Imam Al-Ghazali. Adoption in Indonesia is regulated by law to ensure the protection of the rights of adopted children, including the right to education, health, and inheritance. However, there are still various challenges in the implementation of adoption, such as the lack of public understanding of legitimate procedures and the existence of illegal adoption. In the context of Islamic family law, Imam Al-Ghazali's thinking on the protection of adopted children emphasizes the importance of maintaining the honor and welfare of children, although it does not change the status of their descendants. Protection of adopted children according to Al-Ghazali includes physical, social, and emotional aspects, and prioritizes the principle of hifdz al-nasl or protection of descendants. This study suggests the need for increased legal counseling and wider access to justice to improve the practice of adoption in Indonesia, as well as optimizing protection for adopted children so that they can grow up with their rights guaranteed. This study integrates the positive law approach and Islamic thought to provide a comprehensive picture of the protection of adopted children in Indonesia.
MAHAR PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS: PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS Nurdiansyah, Enur; Wasman, Wasman; Rarawahyuni, Ika
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.279

Abstract

Dowry is a form of protection from Allah SWT towards the purity of human nature, as well as recognition of gender equality in Islamic law. Giving a dowry is a form of a man's sincerity in building a household together with a woman, and is an acknowledgment of the wife's rights in owning and managing property, as the husband has those rights. This research aims to determine the provisions at dowry levels according to the hadith of the Prophet Muhammad SAW. The research method used is qualitative library research. The dowry in Islamic law is not the price paid by the husband in a sale and purchase transaction. It is more about glorifying a man to the woman he marries. Therefore, a man who wants to get married should prepare an appropriate dowry to honor his future wife, and a woman should not make things difficult for her future husband by asking for an excessive dowry. Islam does not strictly limit the amount of dowry. The price of the dowry, whether in the form of goods or services, is up to the agreement between the prospective husband and the prospective wife. When the dowry is not mentioned or has not been agreed upon at the time of the marriage ceremony, a mitsil dowry can be determined whose amount is equal to the general one in the community where the bride lives.
Perlindungan Anak Angkat dalam Undang-Undang Nomor 23 Tahun 2002 dalam Perspektif Hifdz Al-Nasl Al-Ghazali Nasruddin, Nasruddin; Wasman, Wasman; Rofii, Ahmad; Setyawan, Edy; Fansuri, Hamzah
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.303

Abstract

This study aims to analyze and explore legal protection for adopted children in the perspective of Law Number 23 of 2002 concerning Child Protection, by linking it to the hifdz al-nasl thinking according to Imam Al-Ghazali. Adoption in Indonesia is regulated by law to ensure the protection of the rights of adopted children, including the right to education, health, and inheritance. However, there are still various challenges in the implementation of adoption, such as the lack of public understanding of legitimate procedures and the existence of illegal adoption. In the context of Islamic family law, Imam Al-Ghazali's thinking on the protection of adopted children emphasizes the importance of maintaining the honor and welfare of children, although it does not change the status of their descendants. Protection of adopted children according to Al-Ghazali includes physical, social, and emotional aspects, and prioritizes the principle of hifdz al-nasl or protection of descendants. This study suggests the need for increased legal counseling and wider access to justice to improve the practice of adoption in Indonesia, as well as optimizing protection for adopted children so that they can grow up with their rights guaranteed. This study integrates the positive law approach and Islamic thought to provide a comprehensive picture of the protection of adopted children in Indonesia.