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All Journal Kalam: Jurnal Agama dan Sosial Humaniora Al-Manahij : Jurnal Kajian Hukum Islam
Asy'ari Asy'ari
STAIN Teungku Dirundeng Meulaboh
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Interfaith Marriage in Perspectives of Classical and Modern Scholars Asy'ari Asy'ari; Triansyah Fisa
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6772

Abstract

Interfaith marriage has been a polemic in Islam since the Quran and hadith do not clearly explain the marriage that is allowed to ahl al-kitab and how to distinguish between Ahl al-Kitab and polytheistic. Also, it differs infidel, polytheistic, Ahl al-Kitab, Majusi, Sabi’i and others. The debate over this term among scholars continues until they agree to categorize those people into Ahl al-Kitab, polytheistic, majusi and others. This research uses a qualitative method with a normative approach in which the researchers use books, journals and other scientific manuscripts as the main resources. In addition, the researchers did a survey and found several things: First, the paradigm differences of scholars regarding interfaith marriage are based on differences understanding in Quran and hadith, socio-cultural influences and methods used. Secondly, the clerics agreed to forbid a Muslim to marry a disbeliever and polytheistic, but allowed to marry women Ahl al-Kitab. Third, Scholars differ in classifying ahl al-kitab women infidel, polytheistic, ṣabi’i and Ahl al-Kitab.
TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP DALAM PERSPEKTIF HUKUM ISLAM Asy'ari Asy'ari; Edwar Ibrahim; Aris Nandar
Kalam: Jurnal Agama dan Sosial Humaniora Vol. 11 No. 2 (2023): Agama dan Sosial Humaniora
Publisher : Lembaga Studi Agama dan Masyarakat Aceh (LSAMA)

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Abstract

The environment functions as a dynamic living system replete with diverse natural resources essential for sustaining all forms of life. The collective obligation to safeguard this environment stems from the anticipation of enduring advantages. Environmental degradation, conversely, represents a condemnable transgression, inflicting severe detriment upon the vitality of organisms inhabiting our planet's surface. This research endeavors to elucidate the ramifications of environmental degradation while considering Islamic legal viewpoints on the matter. Employing qualitative research techniques within a normative framework, this study references various scholarly works, encompassing books, journals, and scientific manuscripts. The study's findings can be summarized as follows: firstly, environmental degradation yields consequences such as soil infertility, dwindling water reservoirs, loss of biodiversity, and the resultant occurrences of floods, landslides, and global warming. Secondly, from an Islamic jurisprudential perspective, environmental degradation qualifies as a criminal act. Within Islamic law, wrongdoing, or "jarimah," pertains to actions, either active or passive, capable of undermining societal order, personal beliefs, individual livelihoods, property rights, and honor. Environmental degradation contravenes the law, leading to punitive measures aimed at deterrence. It is worth noting that environmental destruction lacks explicit legal provisions (nash) but falls into the category of "jarimah ta’zir," allowing discretionary penalties to be imposed.
Co-Authors Aris Nandar Edwar Ibrahim Fisa, Triansyah