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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Muttazimah Muttazimah
Sekolah Tinggi Ilmu Islam Dan Bahasa Arab (STIBA)
Religion

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Status Kewarisan Kafir Khafy Perspektif Hukum Islam Muttazimah Muttazimah; Munira Munira; Annisa Miftahussaadah; Muhamad Saddam Nurdin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
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/bustanul.v5i1.1324

Abstract

This research aims to find out how the inheritance of someone whose unknown disbelief or deliberate is concealed. This research uses a type of qualitative (non-statistical) descriptive research, which focuses on the study of manuscripts and texts, using normative approach methods. The findings of the research are as follows: The term unbeliever khafy is not a term in the law of inheritance, but it is a phenomenon that often occurs when there are members of families of different religions. A murderer who hides his iniquity will be condemned to disbelief. When the unbeliever is an heir, he is punished as his family is known. When the news of disbelief comes to them and it is revealed that the heir had changed faith or disbelieved, the scholars differ in the matter. But what is agreed by the majority of scholars (Imam Mālik, Imam Syāfi’i, and Imam Aḥmad) is the view that the murderer cannot inherit his property to the heir and does not have the right to receive the inheritance as the original disbeliever. The riches of the unbelievers shall be the property of the faithful, whether it be in Islam or when it is in disobedience. When the unbeliever is an inheritor, it is necessary to see when he fails. If he dies before or after the heir, he shall be condemned to disbelief, and his inheritance shall be returned to the rightful heir. Those who disbelieve will be punished by their wages and will be given an inheritance.
Implementasi Kaidah Mā Ḥurrimasaddan li al-Żarī’ah Ubīḥa li al-Maṣlaḥah al-Rājiḥah pada Tawaf Ifāḍah bagi Wanita Haid Muttazimah Muttazimah; Munira Munira; Wilda Reni; Muhamad Saddam Nurdin
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 6 (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.v2i6.1586

Abstract

This research aims to find out and understand the rules of mā ḥurrima saddan li al-żarī'ah ubīḥa li al-maṣlaḥah al-rājiḥah and their implementation in the tawaf ifāḍah of Hajj for menstruating women. This researcher used a type of library research using a normative and conceptual approach. The results of the research found that: first, the rules of mā ḥurrima saddan li al-żarī'ah ubīḥa li al-maṣlaḥah al-rājiḥah (something that is forbidden because of the saddan proposition li al-żarī'ah, then it becomes permissible if there is great benefit). What is forbidden to refuse rather than damage is not all that is absolutely permitted for the benefit or greater good, but it is mandatory to pay attention to the level of the benefit and its fulfillment because the greater benefit is permitted. Second, the prohibition of menstruating women from performing tawaf ifāḍah is saddan li al-żarī'ah that menstruating women are not allowed to pass through or linger in the mosque. However, based on the rules of mā ḥurrima saddan li al-żarī'ah ubīḥa li al-maṣlaḥah al-rājiḥah, contemporary ulama provide special space for the permissibility of tawaf ifāḍah for menstruating women when performing the Hajj. This is by looking at the advantages and disadvantages that the opportunity to perform the Hajj nowadays is not an easy thing, both in terms of time, energy, funds, and opportunities for each person in carrying out the Hajj pilgrimage. It is hoped that the research implications will become a reference, literature or consideration, as well as become a positive reference and information for society in general.
Co-Authors Annisa Miftahussaadah Muhamad Saddam Nurdin Muhamad Saddam Nurdin Munira Munira Munira Munira Wilda Reni