Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
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This Author published in this journals
All Journal International Journal of Nusantara Islam West Science Law and Human Rights International Journal of Nusantara Islam
Moh Najib
UIN Sunan Gunung Djati Bandung
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Interpretation of Verses on the Law of Marriage between Muslims and Non-Muslims (Musyrik, Kafir and Ahl Al-Kitab) Moh Najib; U. Abdurrahman; Ayi Sofyan
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.363

Abstract

The MUI's fatwa in the Second National Deliberation on May 26 – June 1, 1980, on Mixed Marriage stipulates that "the marriage of a Muslim woman with a non-Muslim man is unlawful; A Muslim man is forbidden to marry a non-Muslim woman. The research method used is the descriptive method of content analytics, or document analysis techniques, or content analysis by collecting information and views, analysis of interpretations and opinions, in manuscripts, literature, or books of interpretation. The result found that the interpretation of the verses of the Qur'an that stipulates the law prohibiting marriage between Muslims and non-Muslims is the interpretation of Sura al-Baqarah verse 221 which stipulates that Muslims are prohibited from marrying non-Muslims and reveals that Ahl al-Kitab women are allowed to be married by Muslim men. And also, the interpretation of sura al-Mumtahanah verse 10, and sura al-Tawbah verses 30-31, and reinforced by other narrations, which implies that the legal provisions of marriage between Muslims and non-Muslims are haram, including the law of marriage between a Muslim man and a woman Ahl al-Kitab is haram.
Contextualization of Wahbah Al-Zuhayli's Thoughts on Sighat and the Marriage Contract Assembly in Reforming Marriage Contract Services in Indonesia Toto Supriyanto; Moh Najib; Usep Saepullah; Ending Solehudin
International Journal of Nusantara Islam Vol 13 No 2 (2025): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v13i2.54092

Abstract

Marriage contract services in Indonesia face the challenge of adapting to the development of digital technology, where regulations still require the ijab-qabul to take place in one physical location even though the public's needs indicate the urgency of flexible implementation. This study aims to analyze Wahbah Al-Zuhayli's thoughts on sighat and marriage contract assemblies and contextualize them as a basis for reforming marriage contract services in Indonesia. Using qualitative methods with normative-juridical and philosophical approaches, this study analyzes the work of Al-Fiqh al-Islāmī wa Adillatuhu and Indonesian marriage regulations through content analysis and comparative techniques. The results show that Al-Zuhayli's thoughts on the assembly as a communicative unit—not a physical one—provide theological legitimacy for long-distance marriage contracts via communication technology. Contextualizing his thoughts offers solutions for regulatory reform through the implementation of electronic signatures, the adoption of sacred digital implementation protocols, the addition of a proxy column to marriage certificates, and the regulation of wakalah and murasalah mechanisms in the technical instructions of PMA 30/2024.
Contextualization of Wahbah Al-Zuhayli's Thoughts on Sighat and the Marriage Contract Assembly in Reforming Marriage Contract Services in Indonesia Toto Supriyanto; Moh Najib; Usep Saepullah; Ending Solehudin
International Journal of Nusantara Islam Vol 13 No 2 (2025): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v13i2.54092

Abstract

Marriage contract services in Indonesia face the challenge of adapting to the development of digital technology, where regulations still require the ijab-qabul to take place in one physical location even though the public's needs indicate the urgency of flexible implementation. This study aims to analyze Wahbah Al-Zuhayli's thoughts on sighat and marriage contract assemblies and contextualize them as a basis for reforming marriage contract services in Indonesia. Using qualitative methods with normative-juridical and philosophical approaches, this study analyzes the work of Al-Fiqh al-Islāmī wa Adillatuhu and Indonesian marriage regulations through content analysis and comparative techniques. The results show that Al-Zuhayli's thoughts on the assembly as a communicative unit—not a physical one—provide theological legitimacy for long-distance marriage contracts via communication technology. Contextualizing his thoughts offers solutions for regulatory reform through the implementation of electronic signatures, the adoption of sacred digital implementation protocols, the addition of a proxy column to marriage certificates, and the regulation of wakalah and murasalah mechanisms in the technical instructions of PMA 30/2024.
Co-Authors Ayi Sofyan Ending Solehudin Saepullah, Usep Toto Supriyanto U. Abdurrahman