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All Journal AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Abdul Munawir
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA), Makassar, Indonesia
Religion

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Pencabutan Hak Memilih pada Penyelesaian Kasus Waris bagi Umat Islam dalam UU No. 3 Tahun 2006 Perspektif Sadd al-Zari'ah Muh. Hidayat; Hendra Wijaya; Abdul Munawir
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 3 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v2i3.991

Abstract

This study aims to determine the background of the emergence of Law No. 3 of 2006 and the settlement of Islamic inheritance cases before and after the emergence of Law No. 3 of 2006, as well as the application of the concept of sadd al-zari'ah on the revocation of the right to vote on the settlement of Muslim inheritance cases in Law No. 3 of 2006. The type of research used is descriptive qualitative research, which focuses on manuscript and text studies using a normative juridical approach method and is supported by historical and conceptual approach methods. From the results of this study it was found that the revocation of the right to choose in the settlement of inheritance cases for Muslims in Law No. 3 of 2006 is in accordance with the concept of sadd al-zari'ah. The revocation prevents dualism in Islamic inheritance law and the emergence of various mafsadat.
Kedudukan Anak Hasil Waṭ‘u al-Syubhat dan Implikasinya dalam Hukum Islam Muhammad Yusram; Abdul Munawir; Afandi Winata K. Dayani
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 3 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i3.1631

Abstract

This research aims to find out the position and implications of children resulting from waṭ’u al-syubhat in Islam. This research is library research with a qualitative type of research and uses a normative and normative juridical approach. The results of the research obtained are as follows: first, marriage is a contract that makes it halal for men and women to perform jimak, with certain harmony and conditions that are taught in the Al-Qur'an and hadith. Second, waṭ’u al-syubhat is jimak which is haram but is carried out because of one or several mistakes due to ignorance or unawareness, so that the perpetrator is not punished as for zina. There is a type of waṭ’u al-syubhat which occurs because the marriage contract is fa>sid (broken), there is also a type of waṭ’u al-syubhat which occurs due to ignorance or unconsciousness so that he has sexual intercourse with a woman who is haram for him to have sexual intercourse with. Third, children resulting from waṭ’u al-syubhat still have their rights as children like children born in a legal marriage, including birth rights, livelihood, guardianship and inheritance. If this waṭ’u al-syubhat occurs in a marriage whose contract is fa>sid (broken), then the child born still gets his rights from his two syubhat parents. If this waṭ’u al-syubhat occurs during sexual intercourse caused by unconsciousness or ignorance, then the child born from waṭ’u al-syubhat will get all his rights from his parents. both and it could also be one of them.
Co-Authors Afandi Winata K. Dayani Hendra Wijaya Muh. Hidayat Muhammad Yusram