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Legawan Isa
Fakultas Syari’ah dan Hukum Universitas Islam Negeri Raden Fatah Palembang

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Praktek Cerai Rujuk di Desa Pedamaran Menurut Hukum Islam dan Hukum Positif Lestari Lestari; Siti Zailia; Legawan Isa
Muqaranah Vol 6 No 2 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i2.14545

Abstract

Referral divorce practices must be carried out in the Religious Courts. However, there are still many people who divorce and reconcile without involving the Religious Courts, as is often done by people in Pedamaran Village, Pedamaran District, Ogan Komering Ilir Regency, South Sumatra. Therefore, this research wants to know about the implementation of the divorce practice in Pedamaran Village which will be studied in terms of Islamic law and applicable legislation. The aim of the research is to find out how the study of Islamic law and legislation regarding the practice of divorce is referred to in Pedamaran Village. This type of research is field research, meaning that this research is carried out directly on the research object to obtain complete data. The data collection techniques in this study were carried out using observation, interview and documentation techniques. The approach method uses the comparative method. The results of the study show that the practice of referral divorce carried out by the Pedamaran village community is in accordance with Islamic law, so that the practice of referral divorce is legal. However, according to Law Number 16 of 2019, the practice of divorce and reconciliation in Pedamaran Village is illegal, because the divorce was not carried out at the Religious Court and reconciliation was not carried out in front of the marriage registrar. This shows that there are still many people who have not complied with the applicable laws and regulations, so it is necessary to hold socialization so that people are aware of the law.
Studi Komparatif Terhadap Hukum Penyucian Kulit Bangkai Dengan Cara Disamak Menurut Ibnu Qudamah Al-Maqdisi dan Imam Asy-Syaukani Siti Nuryana; Legawan Isa; Ikhwan Fikri
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.17199

Abstract

This article discusses the law on the utilization of animal carcass skins after going through the tanning process. The main issues to be analyzed are: the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani regarding the law of purifying carcass skins by tanning; the similarities and differences of opinions regarding purifying carcass skins by tanning according to Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani. The purpose of this study is to find out the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani and the similarities and differences regarding the law of purifying animal carcasses by tanning them. This research uses the type of research Library Research, with qualitative research methods. In data collection techniques, the author uses secondary data, namely the book Al-Mughni Volume 1 by Ibnu Qudamah Al-Maqdisi and the book Nailul Authar Volume 1 by Imam Asy-Syaukani then these data will be compared descriptively comparatively. After going through a comparative analysis process, that the views of Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani have different views regarding the purity of animal carcass skins after being tanned, according to Ibn Qudamah Al-Maqdisi, animal carcass skins both after and before being tanned cannot become holy so they cannot be the skin is used, while Imam Asy-Syaukani believes that after going through the tanning process, the carcass skin can become holy and its uses can be utilized.