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All Journal Al-Adillah : Jurnal Hukum Islam Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam
Faiz Zainuddin
Universitas Ibrahimy
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perspektif Hukum Islam terhadap Tanggungjawab (Hadhanah) kepada Anak ketika Orang Tua Bercerai Faiz Zainuddin; Ali Burhan
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.488

Abstract

There are many things that a husband and wife should ask when deciding to divorce. Apart from arbitrary assets, another thing that must be considered is the distribution of child custody in a divorce. by both parents may not harm the fulfillment of children's rights which are also regulated by the state through the child custody law through Law Number 23 of 2002 concerning Child Protection. In the General Provisions Article 1 point 11 it is explained that parenting is the power of parents to raise, educate, nurture, care for, protect and develop children according to religion and their abilities, talents and interests. According to Article 41 of Law Number 1 of 1974 concerning Marriage, a husband and wife are still obliged to look after and educate their children for the benefit of the child itself. Divorce also does not eliminate the father's obligation to be responsible for all the upbringing and education that children need. However, the court may decide that the mother also demands it under certain conditions. The court also has the right to determine which child custody rights should be given to the mother or father, especially if there are household rights.
TELAAH TENTANG HAK WARIS KERABAT NON-MUSLIM PERSPEKTIF MAQASHID SYARIAH AHMAD AR-RAISUNI R. Fakhrurrazi; Faiz Zainuddin; Alicia Safira Azzuri
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 3 No. 1 (2022): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.29 KB) | DOI: 10.35316/alhukmi.v3i1.2201

Abstract

One of the discussions in inheritance law is about the causes of inheritance and its barriers. Things that can hinder inheritance include religious differences between heirs and heirs. The underlying proposition is the hadith of Osama ibn Zaid according to the narration of Bukhari Muslim. In this case there must be a fairly sharp analysis of the hadith because it cannot be denied that there are many kinship relationships that have different beliefs and there will be many benefits. Thus the formulation of the problem was born as follows: (1) What is the view of Islamic law regarding the giving and receiving of inheritance from non-Muslim relatives? and (2) What is the perspective of Ahmad ar-Raisuni's maqasid sharia regarding the giving and receiving of inheritance from non-Muslim relatives?. The purpose of this study is to describe the views of Islamic law regarding the giving and receiving of inheritance from non-Muslim relatives and to describe Ahmad ar-Raisuni's maqasid sharia perspective on the giving and receiving of inheritances from non-Muslim relatives. To answer the formulation of the problem, this study uses a type of library research (library research). The object of this research is Ahmad ar-Raisuni's maqasid sharia perspective on the giving and receiving of inheritance from non-Muslim relatives. Analysis of the data in this study used a descriptive method, namely describing and then analyzing the giving and receiving of inheritance from non-Muslim relatives from the perspective of Ahmad ar-Raisuni's sharia maqasid. The results of this study are: (1) The views of scholars regarding the giving and receiving of inheritance from non-Muslim relatives are divided into two. First, they only allow Muslims to receive inheritance from non-Muslim relatives. Second, they completely forbid either giving or receiving inheritance to non-Muslim relatives. (2) The issue of giving and receiving inheritance from non-Muslim relatives when it is associated with Ahmad ar-Raisuni's maqasid shari'a, will result in a law being allowed, taking into account the illat, arguments and benefits contained in the inheritance.
Co-Authors Ali Burhan Alicia Safira Azzuri R. Fakhrurrazi