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Lukman Hakim
Institut Agama Islam Abdullah Said Batam
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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PERKAWINAN BEDA AGAMA DALAM PRESPEKTIF HADITS Lukman Hakim; Irwansyah; Wahyu Safitri
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

The phenomenon of interfaith marriage in Indonesia today is increasingly difficult to contain. Because the District Court in Surabaya has given its blessing and legalized interfaith marriages. Indeed, this phenomenon occurs, but until now interfaith marriages continue to occur. Although previously the legislation regarding marriage already existed. Only the prohibition of interfaith marriage has not been determined explicitly. The prohibition of interfaith marriages is only contained in the Compilation of Islamic Law (KHI) articles 40 and 44. Unfortunately, these two articles were weakened by the government by giving legal legitimacy through the Supreme Court Decree Number: 1400 k/Pdt/1986. Apart from that, Islamic law also has a big role to play in examining interfaith marriage laws, because marriage cannot be separated from religious rules. Based on these problems. So the focus of this research is how interfaith marriages in the perspective of Hadith. This study uses library research methods (library research). If examined in the hadith, there is no textual hadith that prohibits interfaith marriages. It's just that there is one piece of hadith that substantially instructs the Ummah of the Prophet Muhammad to pay attention to the quality of prospective husbands and prospective wives. This proposition is correlated with the concept of sadd dzariah and fiqh rules which sound dar'ul mafasid maqoddamun alajalbil masolih. So interfaith marriage in the perspective of hadith, the law is haram.
TINJAUAN PRINSIP-PRINSIP DEMOKRASI DALAM HUKUM ISLAM Lukman Hakim
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

Islamic relations with democracy to this day are still a topic often discussed by Islamic scholars. Some consider that democracy cannot be united with Islam, because democracy is not part of the product of Islam, but rather the product of the West. Others accept and argue that democracy is in line with Islam. Because democratic principles are also found in the teachings of Islam. Nevertheless, the debate is still frequent and the ikhtilaf among Islamic figures cannot be united. It attempts to explain the concept of piqih's proposal as a means of bridging or seeing how the correlation and relationship between democracy and piqih thinking and comprehensive Islamic law are. Because when a normative law is not found in the Qur'an and hadith, then the ijtih space and the rule of piqih are allowed to give the answer to the problems faced by Muslims. And the idea of a democratic relationship with Islam will be answered using the piqih proposal approach. As long as democracy does not conflict with Islam then democracy does not conflict with Islam
Co-Authors Irwansyah Wahyu Safitri