Articles
<![CDATA[Historicity of Islamic Inheritance Law in Indonesia and Turkey ]]>
<![CDATA[Mega Puspita]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto ]]>
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DOI: 10.24090/el-aqwal.v2i1.7648
<![CDATA[This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.]]>
<![CDATA[Shifting Meaning: Islamic Philanthropy According to the View of Muhammadiyah ]]>
<![CDATA[Ahmad Rezy Meidina]]>;
<![CDATA[Zaimudin Al-Mahdi Mokan]]>
<![CDATA[ Journal of Islamic Economics and Philanthropy Vol. 5 No. 3 (2023): February ]]>
Publisher : <![CDATA[Universitas Darussalam Gontor ]]>
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DOI: 10.21111/jiep.v6i1.9283
<![CDATA[This paper discusses Islamic philanthropy from the view of Muhammadiyah, this was obtained because there was a shift in the meaning of philanthropy in the past. Experts _ stated that philanthropy is an important element in Islam. Among the forms of philanthropy in Islam is zakat, one of Islam’s five pillars. Among other forms of Islamic philanthropy are infaq, alms, and waqf. Therefore philanthropy has a major position in the life of Muslims. The meaning above is different from philanthropy which is known in today's society but does not reduce the substance of philanthropy itself. Islam has an important role in terms of spreading religion and knowledge, establishing educational institutions, and even in the field of welfare. One important vehicle for the spread of Islam is the mosque, which was built on philanthropy. The Prophet Muhammad set an example of philanthropic behavior by establishing a mosque. Apart from establishing mosques, educational institutions which are places to gain knowledge were also established on the basis of philanthropy. It is through these educational institutions that the dissemination of knowledge develops. This paper aims to provide an understanding to the general public regarding the shift in the meaning of Islamic philanthropy, through the view of Muhammadiyah as the primary data source. The conclusion in this paper uses the theory of changes in Islamic law and uses a normative approach, of course with the aim of trying to reveal the values of truth in Islamic philanthropic practices in society so that they should be actualized in the future.Keywords: Islamic Philanthropy, Muhammadiyah, Theory of change in Islamic law]]>
<![CDATA[Tradisi Penentuan Hari Baik Dalam Pernikahan Perspektif ‘Urf: ]]>
<![CDATA[Mohamad Falih]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.3565
<![CDATA[This research will examine one of the traditions that prevail in the Lebaksiu sub-district community, Tegal district, namely the tradition of calculating and determining auspicious days at marriage. This research is a field research (Field Research), while data collection techniques using observation, interviews, and documentation. The type of approach used in this study is a sociological approach, this approach is used to find out how the process of determining a wedding day in Javanese primbon and how the Urf perspective relates to determining a good day in marriage carried out by the Lebaksiu community, Tegal district. The results of this research show that the tradition of determining a good day in marriage that occurs in the Lebaksiu sub-district based on Javanese Primbon is considered valid or permissible if only as a form of endeavor to reject mafshadatan and for stability of the heart without cultizing the day, date, month or the embodiment of the Primbon. however, if there is a cult towards him then this is tahayur, where the action is contrary to Islamic law and makes it 'urf fasid. Keywords: determination of auspicious days, wedding, urf]]>
<![CDATA[Kodifikasi dan Reformasi Hukum Keluarga di Maroko ]]>
<![CDATA[Ade Risfal Huda]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.3799
<![CDATA[The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religious State, but guarantees freedom of thought, opinion and belief as a fundamental feature of Sunni Maliki Muslims. Morocco is a country in Africa where the majority of the population is Muslim. Family law in Morocco established a new legal codification in 2004, which became known as Mudawwwanah al-Ahwal al-Sykahsiyyah al-Jadidah. This law is a revision of the existing law. The law consists of 400 articles, there is an additional 100 articles. Morocco is a country that has taken opinions from various schools of thought to determine the laws contained in Morocco which were then codified and developed according to the circumstances and conditions at that time so that a new law was born called Mudawwahan al-Usrah. Keywords: codification and reform, family law, Morocco]]>
<![CDATA[Konsep Amar Ma’ruf Nahi Munkar Dalam Tafsir Al-Munir Karya Wahbah Al-Zuhaili: ]]>
<![CDATA[Idlofi Idlofi]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ Jurnal Dirosah Islamiyah Vol 5 No 3 (2023): Jurnal Dirosah Islamiyah ]]>
Publisher : <![CDATA[Sekolah Pascasarjana Institut Agama Islam Nasional Laa Roiba Bogor ]]>
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DOI: 10.47467/jdi.v5i3.3219
<![CDATA[This article attempts to examine the concept of amar ma'ruf nahi munkar initiated by Wahbah al-Zuhaili in his commentary book al-Munir. The behavior of amar ma'ruf nahi munkar which has been misunderstood because there is no standard concept offered by the Qur'an has become an interesting discourse. The development of the times has contributed to influencing the concept of amar ma'ruf nahi munkar, in which each era has its own moral values and ideas adapted to the context of its society. This article is intended to provide understanding to the public regarding amar ma'ruf nahi munkar. The conclusion in this paper uses a normative approach, with the aim of trying to reveal the values of truth in society so that it should be actualized in the future. As for the findings that Wahbah al-Zuhaili said: that before doing amar ma'ruf nahi munkar one must have knowledge, both religious sciences and social sciences. Keywords: Wahbah Al-Zuhaili, Tafsir Al-Munir, Amar Ma'ruf, Nahi Munkar]]>
<![CDATA[Giving Grants from Parents to Their Children According to the Compilation of Islamic Law and the Civil Code ]]>
<![CDATA[Borkat Halomoan Siregar]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.3192
<![CDATA[This article examines the gifts that parents give to their children. Grants in the perspective of classical fiqh are giving an object voluntarily and without reward from someone to another who is still alive to own it. The concept of grants is currently changing, in practice, many grants that are given are then canceled by the grantor for various reasons, for example, the recipient of the grant has bad behavior or has a spendthrift spirit. This was known after the grant was given. Even though the person previously displayed good behavior but then changed with the changing times. Fundamentally, the author is interested in this research, using a statute approach by examining the Civil Code and the Compilation of Islamic Law as well as Government Regulation Number 37 of 1998 concerning regulations for the position of Land Deed Making Officer. The research method used is Normative juridical with the aim that writers and readers can find out about the arrangements for granting and the legal consequences of canceling a grant according to the Compilation of Islamic Law and the Civil Code and provide several benefits, namely for scientific development in the field of law in general, as well as contributing thoughts and understanding of grantmaking.]]>
<![CDATA[Islam Masa Periode Khalifah Rasyidah Masa Usman bin Affan dan Ali bin Abi Thalib ]]>
<![CDATA[Nafidatul Nafidatul Fadilah]]>;
<![CDATA[Kholid Mawardi]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ Transformasi Manageria: Journal of Islamic Education Management Vol 4 No 1 (2024): Transformasi Manageria: Journal of Islamic Education Management (inPress) ]]>
Publisher : <![CDATA[PKP Fakultas Syariah LPPM IAI Nasional Laa Roiba ]]>
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DOI: 10.47467/manageria.v4i1.3666
<![CDATA[After the death of the Prophet Muhammad SAW. Islam needs a replacement for him to lead the Muslims. While the Prophet Muhammad SAW. did not leave a will regarding who would replace him after he died. Islamic leaders at that time knew very well that Islam needed a leader, namely a caliph who was chosen through deliberation. Finally, the Prophet's companions were elected as caliphs in the order of Abu Bakr ash-Shiddiq, Umar bin Khattab, Uthman bin Affan, and Ali bin Abi Talib. The determination of the Ottoman manuscripts to exist during the time of Uthman bin Affan and the existence of total unity that exists in the text of the Koran throughout the world with various sects in the world is one form of the success of the caliph Uthman bin Affan which cannot be rivaled by anyone in uniting Muslims. . Political problems during the time of Ali bin Abi Talib eventually brought Islam to the struggle for theology or theology which led to the emergence of three schools of thought. Key Words : Head of State, Caliph Period, Ottoman Manuscripts]]>
<![CDATA[Penolakan Umat terhadap Risalah Kenabian dan Relevansinya dengan Penolakan Reformasi Hukum Keluarga di Mesir ]]>
<![CDATA[Muhammad Hadyan Wicaksana]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v6i1.3415
<![CDATA[This paper discusses the prophetic treatises carried out by the people in relation to changes in family law reform in Egypt. The culture that has been passed down from generation to generation since the time of the ancestors will take root in the heart, so that the embedded doctrine is difficult to remove, so it takes a harder effort to accept the changing times. This research includes a literature study (Library Research), which is descriptive-analytical, using a historical-sociological approach. The rejection that occurs in the prophetic treatise is the same as the legal changes made by the Egyptian government, the similarities between the two are that they do not want to accept changes that occur in society, still hold on to the old culture adopted by their ancestors and still hold onto the animation culture. The basic reason for not accepting the change is because of the lack of understanding of what it will bring and the absence of an open mind (open thinking) by accepting input which is then discussed. Keywords: Prophetic Tracts, Reform of Family Law, Egypt]]>
<![CDATA[Pembagian Harta Waris terhadap Anak Angkat Perspektif Maqāşid Syarī’ah ]]>
<![CDATA[Nabilah Falah Falah]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v6i1.3416
<![CDATA[Adopted children cannot return the assets of their adoptive parents and only have rights through a mandatory will, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency from the perspective of Maqāşid Syarī'ah. This type of research is field research using an empirical juridical approach. The data source used is from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in qualitative analysis, namely describing, interpreting and hiding research data. Based on the results of the study, it can be interpreted that the division of inheritance that occurs is the need for Ḍaruriyat adopted children who live dependently living in their parents' house and continue the business of their adoptive parents. So that the family and the surrounding community consider the adopted child to be the full successor of the assets and efforts of the adoptive parents in order to prioritize the benefit of the adopted child. Keywords: Inheritance, Adopted Children]]>
<![CDATA[Regulasi Poligami Dalam Pendekatan Maqashid As-Syari’ah ]]>
<![CDATA[Ach Syaifur Rizal]]>;
<![CDATA[Samsul Arifin]]>;
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v6i1.3426
<![CDATA[Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga syaifurrizal926@gmail.com , ABSTRACT Islamic Islamic law aims to organize human life better so that every law that is prescribed must have a purpose. Therefore, the existence of marriage law must have a purpose. From several meanings of marriage, marriage has a very noble purpose, namely to form a sakinah mawaddah warahmah family. However, this noble purpose of marriage is widely misunderstood for those who want to practice polygamy. Polygamy is interpreted only as a biological distribution of sex, meaning that it only fulfills sexual needs. Whereas the purpose of polygamy is to maintain and elevate the status of a woman by looking at the large number of women who are not comparable to men. From some people who abuse polygamy, whether they understand the concept of polygamy or not, we are still trying to give them an understanding of the good concept of polygamy so that women are not used as a layer for their desires to channel their biology. We are here to focus on how the concept of polygamy according to classical and contemporary ulama', where the results of their thoughts are implied in the form of a law known as the marriage law in Indonesia. And to increase the data, we use quantitative data here by comparing the thoughts between classical scholars and contemporary scholars about the concept of polygamy. in the concept of polygamy which delivers to families who are sakinah mawaddah warhamah. Keywords : Marriage, Polygamy and Maqashid As-Shari'ah]]>
