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Diyan Putri Ayu
Institute Agama Islam Sunan Giri Ponororgo
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum Nafkah Anak Hasil Sewa Rahim Menurut Ulama Mazhab Bunga Annisa; Ahmad Syafi'i SJ; Diyan Putri Ayu
Social Science Academic Vol 1 No 1 (2023)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ssa.v1i1.2630

Abstract

In medicine, technological development is an advantage to create a novel way that makes easier for couples to have children, its surrogate mother. That is conception outside the womb and baby’s seed planted in the womb of another woman who has been hired so the wife will not pregnant. Surrogate mother is a matter of debate for clerics because nasab mixed between a married couple and a surrogate mother that will sever the child’s nasab with the father. In addition, nasab’s decision resulted in a loss of the obligation of the father to provide his child’s rights as well as the living rights. The study was researched with two formula problems: 1) what was the status of the child of surrogate mother according to clerics of mazhab?, 2) how does the law of child’s living rights of surrogate mother according to cleircs of mazhab?. The study uses library research study methods through data sources of books, journals, and literature. Based on research, it can be summed up: 1) the status of the child of surrogate mother in Ali Akbar and Husein Yusuf’s view is viewed as an illegitimate child and is condemned as a adultery child in Islam; 2) the law of child’ living of surrogate mother according to mazhab Hanafi and Syafi’i was deemed unobligatory to the father because of failure of nasab, but in the maslahah mursalah theories if illegitimate child’s living was compulsory for the child’s welfare to adulthood.
Urf Terhadap Tradisi Ganti Kemul di Desa Kebondalem Kec. Bangorejo Kab. Banyuwangi, Institut Sunan Giri Ponorogo. Lia Duwi Azizah; Kadenun Kadenun; Diyan Putri Ayu
Social Science Academic Vol 1 No 1 (2023)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ssa.v1i1.2633

Abstract

Abstract; There is in Kebondalem Village a tradition of Changing Kemul which is stiil being carried out by the people in the area there until now. The tradition of changing kemul is one of the traditions which is carried out after or at the thusandth day of the person who died, which is intended for. The deceased in the tradition of changing kemul there are several rituals that are carried out, namely in the form of offerings and sanding, and there are several other requirements. Therefore, the researcher will describe how the tradition of changing kemul is practiced in Kebondalem village? And how is ‘urfs review of the tradition of changing kemul? In order to provide additional insight regarding the legal basis as a reason for the survival of a tradition, which is not only due to following what is already in effect in society. In this study, the researcher used a gualitative descrptive research type which had primary and secondary data sources, with the existence of techniques in extracting data by way of direct and indirect interviews, as well as documentation. The results of this study revealed to the researcher that, regarding the practice of the chang kemul tradition in Kebondalem village, it belongs to the urf al-Am group in terms of urf al-Khas, in terms of its validity it belongs to the type of urf which is Sahih. Because in the sense that urf, which belongs to the tradition of changing kemul, does not conflict with texts or hadiths, and also does not bring harm to the people of that area.
Co-Authors Ahmad Syafi'i SJ Bunga Annisa Kadenun Kadenun Lia Duwi Azizah