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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Istinbath: Jurnal Hukum dan Ekonomi Islam KRTHA BHAYANGKARA Al Itmamiy : Jurnal Hukum Ekonomi Syariah Muwafaqat: Journal of Islamic Law
Musyaffa Amin Ash Shabah
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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PROBLEMATICS OF LGBT ACCORDING TO MAQASID AL-SYARIAH WITH HIFDZ NASHL Indah; Nafiah; Almas Syafa; Siti Fatmala; Musyaffa Amin Ash Shabah
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.632

Abstract

This research reviews LGBT issues which are increasingly being discussed because everything seems to be something normal. This is due to the increasing access to globalization, reaching 8,013 cases in Bogor district where LGBT marriages are taking place. Thus this study analyzes the problems related to LGBT marriage to hifdz nashl. This research also uses qualitative methods with literature review, is library research which is literature review research by collecting various sources from both primary and secondary sources and uses library research methodology in analyzing secondary legal materials in the form of reading, analyzing, and collecting data from library research The results of the research are related to Islamic views which include the Qur'an and hadith as well as the consensus of the scholars who say that marriage is an act that is unlawful because of the impact of the LGBT community. In this case, the problems of LGBT marriages can have a major impact on hifdz nashl, as well as discussing how marriage in Islam should be carried out by a man and a woman and perform consent qobul between the man and the marriage guardian with two witnesses. So, when a man marries a man or vice versa it will be equated with adultery which is unlawful.
Systematic Literature Review (SLR): The Tradition of Dowry in Marriage in Southeast Asia Musyaffa Amin Ash Shabah
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3057

Abstract

This research aims to explore literature that examines the tradition of wedding dowries in Southeast Asia. The method used in this research is a Systematic Literature Review (SLR). Data sampling used Harzing's Publish or Perish and Watase UAKE applications starting from 2013-2023. The selected articles have passed several specified criteria, resulting in a total of 46 articles. The results of this research show that the country that discusses the topic of marriage dowry significantly in Southeast Asia is Indonesia, with a percentage of 70%, followed by Malaysia at 17%, Thailand at 7%, Vietnam at 4%, and the Philippines at 2%. In terms of research themes around wedding dowries, the topic of wedding dowry traditions is the highest topic category in research in Southeast Asia, with a total of 28 studies and a percentage of 60.87%. Likewise, the contextual approach, with a percentage of 21.74% and Fiqh Theory and Islamic Family Law, with a percentage of 10.87%, are the highest categories of research approaches and analytical theories in research on marriage dowries in Southeast Asia.
Perspektif Hukum Islam tentang Akad Qardh dalam Pembayaran (Paylater) Jual-beli Online Aplikasi Marketplace Shopee Muflihatul Isnaeni; Intan Cahnia; Indah Nurazizah; Musyaffa Amin Ash Shabah
Al Itmamiy Jurnal Hukum Ekonomi Syariah (Muamalah) Vol. 5 No. 1 (2023): Al Itmamiy : Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1123.22 KB) | DOI: 10.55606/ai.v5i1.401

Abstract

Paylater in e-commerce creates a contemporary business style not directly, so there is no need to bring in real buying and selling actors and without wearing an original signature. The paylater payment method is a method that can be paid in installments, where buyers can get orders before paying, because paylater is a financial tool from Shopee. This research is to describe the perspective of Islamic law regarding qardh contracts in payments paylater for online buying and selling of the Shopee marketplace application and the benefits for its users. This type of research is directed and focused on discussing library materials, both books, web and journals. Using a qualitative approach which is carried out through online research to look for theories and concepts of Islamic law qardh contract, especially in payments (paylater) on the Shopee marketplace application according to the DSN-MUI Fatwa No.19/DSN-MUI/IV/2001 concerning qardh. Analyzed using the Descriptic-Analytic method to describe the thoughts of these scholars. The results of this study, according to DSN-MUI Fatwa No.19/DSN-MUI/IV/2001 regarding qardh, that in its provisions, qardh customers are required to return the principal amount received at the agreed time. So this is legally permissible because there is a clear agreement.
Contestation and Actualization of Ijma’ in the Formation of Law in Indonesia Madnur; Musyaffa Amin Ash Shabah; Sofyan Munawar; Imam Addaruqutni
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.2.307-333

Abstract

The contestation of ijma' issues among conventional and contemporary scholars has generated pros and cons among academics and legal practitioners in establishing legal provisions to address existing problems. This understanding has influenced the perspectives of relevant parties in comprehending the doctrine of ijma'. On one side, it is stated that ijma' cannot be realized after the era of the companions, while on the other side, it is argued that ijma' can be learned through more progressive thinking. This paper is normative legal research with a statutory regulatory approach contextualized in Islamic law, especially the provisions combined with the results of scholars' ijtihad. The findings of this research indicate that ijma' has significance in the development of law in Indonesia. However, legislating ijma' into national law in Indonesia has its dynamics, influenced by political, social, religious, and cultural factors and other elements that can trigger polemics amidst the diversity of Indonesian society. Keywords: Ijma', scholars' contestation, and legal legislation
The Impact Of Parental Divorce On Children's Rights According To The Perspective Of Islamic Law Through The Maqoshid Syariah Approach (Study Of Decision Number 2560/Pdt. G/2022/Pa. Bks ) Indah Choiriyah; Musyaffa Amin Ash Shabah; Suprihatin; Agus Supriyanto
Muwafaqat: Journal of Islamic Law Vol. 1 No. 1 (2025): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65097/muwafaqat.v1i1.35

Abstract

This thesis aims to find out the basis of the Panel of Judges' considerations in the Decision of the Bekasi Religious Court Number 2560/Pdt.G/2022/PA.Bks in the Divorce Lawsuit for the accumulation of hadlonah and child support, and to find out the basis of Islamic Law in this decision.This research aims to analyze the impact of parental divorce on children's rights based on an Islamic legal perspective using the Maqashid Syariah approach, with a case study of Decision Number 2560/Pdt.G/2022/PA.Bks. Maqashid Syariah are principles in Islamic law that aim to protect five basic human interests: religion, soul, reason, lineage and property. In this context, research focuses on how the protection of children's rights, including rights to custody, education, living and psychological well-being, is considered and applied in divorce decisions. The research method used is a qualitative approach with juridical-normative analysis of Decision Number 2560/Pdt.G/2022/PA.Bks. Data was obtained through studying court decision documents and literature related to Islamic law and Maqashid Syariah. The analysis was carried out by examining how Maqashid Syariah principles were applied in the decision to ensure the protection and welfare of children.The research results show that in this decision, the court decided that child care was under the responsibility of the mother, while the father was obliged to provide maintenance. This decision is based on Maqashid Syariah principles which emphasize the importance of protecting the lives and welfare of children. Apart from that, this decision also takes into account the psychological aspects of the child to reduce the negative impact of divorce
Co-Authors Agus Supriyanto Almas Syafa Imam Addaruqutni Indah Indah Choiriyah Indah Nurazizah Intan Cahnia Madnur Muflihatul Isnaeni Nafiah Siti Fatmala Sofyan Munawar Suprihatin