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All Journal Madania: Jurnal Ilmu-Ilmu Keislaman
Darmawan Tia Indrajaya
Universitas Islam Negeri Sultan Syarif Kasim Riau
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Problema Harta (MAAL) Keluarga Yang Disebabkan Perceraian Hidup dan Mati Dalam Pemahaman Fiqh Ulama Syafi’iyah dan Hanabilah Ahmad Fauzi; Darmawan Tia Indrajaya; Kemas Muhammad Gemilang
Madania: Jurnal Ilmu-Ilmu Keislaman Vol 12, No 1 (2022): Madania
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/jiik.v12i1.16458

Abstract

Family property in marriage is a necessity, so it must be clearly identified. Joint assets according to Law Number 1 of 1974 concerning marriage are limited to assets acquired during the marriage, while assets brought before the marriage takes place are called innate assets. In addition, family assets are also contained in the Compilation of Islamic Law in articles 85-97. As for knowing how to regulate family property in Islam, it is necessary to discuss the understanding of fiqh scholars from the Shafi'yah and Hanabila schools. As for the methodology of this research, it is included in the library research which is categorized as descriptive analytic with the method of analysis being qualitative. The data collection techniques are carried out in the library, such as reviewing books, journals and the like. The results of this study indicate that the scholars of fiqh have different opinions about the distribution of the various types of syirkah in the discussion of permissible and non-allowable partnerships (syirkah). Broadly speaking, the Egyptian Fuqaha (the majority are Shafi'i and Maliki schools), divide syirkah into four types, namely: syirkah 'Inan, syirkah Abdan, syirkah Mufawwadhah and syirkah Wujuh.
Analisis Nikah Beda Agama dalam Perspektif Maqashid Syari’ah Ahmad Fauzi; Kemas Muhammad Gemilang; Darmawan Tia Indrajaya
Madania: Jurnal Ilmu-Ilmu Keislaman Vol 13, No 1 (2023): Madania
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/jiik.v13i1.21663

Abstract

The marriage performed by the president's Special Staff is a marriage between a non-Muslim man and a Muslim woman. According to the scholars of the four madhhabs, this type of marriage is absolutely prohibited. Even though the majority of Indonesian people are Muslim. So this research was conducted in order to find out the reasons for the prohibition through the maqasid sharia approach. So that the reasons for the prohibition and the law of performing interfaith marriages can be known. This research is categorized as library research with qualitative analysis. The data collection technique is by analyzing references related to interfaith marriage and maqasid sharia. The data obtained through the publish or Perish application were 112 documents, but 12 articles were used. The results of this study are that interfaith marriage is not justified in Islam because it contradicts the five concepts of maqasid sharia; (1) maintenance of religion, namely religion which is a guide to human life, so what is more recommended in religion, it must be better for future life. (2) maintenance of the soul, because in principle they have different teachings and in the end the differences will produce conflicts in it. (3) maintenance of the intellect, namely the intellect that has been contaminated by the doctrines of lust (love), it will not be able to use its intellect properly. It will be easily seduced into misguidance (apostasy) because it does not use its mind and mind properly. (4) maintaining offspring, namely the offspring as the successor of the married couple. But how can the offspring be better who can carry out the mandate as the khalifah of Allah SWT if the marriage has religious differences. (5) maintenance of property, namely someone who marries a different religion then between them can not inherit each other.
Co-Authors Ahmad Fauzi Kemas Muhammad Gemilang