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All Journal AL-BASHIRAH: Journal of Islamic Studies AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Muhammad Yusram
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA), Makassar, Indonesia
Religion Humanities

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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.
الإمام مجد الدين أبو البركات عبد السلام ابن تيمية الحراني وكتابه منتقى الأخبار: Biography of al-Imām Majdu al-Dīn Abū al-Barakāt 'Abdu al-Salām Ibn Taimiyyah al-Ḥarrānī and His Book Muntaqā al-Akhbār Aḥmad bin Muḥammad bin ‘Abdul Hādī; Muhammad Yusram
البصيرة: مجلة الدراسات الإسلامية Vol. 1 No. 1 (2020): البصيرة: مجلة الدراسات الإسلامية
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/bashirah.v1i1.235

Abstract

This study aims to introduce one of the leading scholars in fiqh and hadith, Majdu al-Din Abu al-Barakat Abdu al-Salam Ibn Taymiyyah al-Harrani al-Hanbali and introduce his book al-Muntaqa. Among the objectives of this research are to remind the ummah and the students about the greatness of his position which may not be known by many people as well as to read the biographies of the role model of the ummah by imitating and following in the footsteps of his life journey. It also explains one of the most important literature in the hadith al-ahkam, namely muntaqa al-akhbar. In this study, the researchers employed a descriptive approach. Among the most important results of this research are that Imam Majdu al-Din Ibn Taymiyyah was born in Harran in 590 AH and died there in 653 AH. Majdu al-Din Abu al-Barakat is an expert in many disciplines including fiqh, hadith, al-nahw, al-qira'at, and ushul al-fiqh. He studied with many scholars and had traveled to Baghdad several times to recite knowledge in front of the scholars. Abu Al-Barakat wrote many books among which his phenomenal books are al-Muntaqa min al-Ahkam. His reason for writing the book was a request of a judge, Bahauddin bin Shaddad, to Imam Majd al-din to write it in Aleppo. The scholars differed in determining the name of this book and the strongest opinion is al-muntaqa fi al-akhbar fi al-ahkam. This book has many prominences yet does not free from some criticism even though it is in a small number. Abu Al-Barakat has quoted many references in his book. The scholars have an interest in this book by explaining its contents in the form of writing and lectures.
Co-Authors Abdul Munawir Afandi Winata K. Dayani Aḥmad bin Muḥammad bin ‘Abdul Hādī