Farchan Mu’aziz
Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

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RISYWAH DALAM RANGKA MENGAMBIL HAK Syafiq Riza Hasan; Farchan Mu'aziz; Teguh Dwi Cahyadi
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 10 No 2 (2023): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v10i2.300

Abstract

ABSTRACT The practice of bribery is not new in society. Bribes have become an alternate pathway to those who want to make their business whether in the public or private services sector. According to the 2020 GCB survey in Indonesia, 30% of the public claim to have paid bribes in the last year when accessing public services. In Islam, the practice of bribery is clearly forbidden by Allah and His Messenger. On the other hand, there are conditions where some agencies in public and private services are forcing a person to bribe because of the prevailing system. If someone does not bribe, then his rights will not be given or slowed down. From this study, the researchers want to know the legal status of bribing in order to take rights. This research uses a qualitative approach with literature study techniques in collecting data and analyzing it with a descriptive method. The result of this study is that bribery given in conditions of taking rights or avoiding injustice is permissible with several conditions. Keywords: rights; take rights; bribery
CERAI DENGAN ALASAN SALAH SATU PASANGAN MEMILIH CHILDFREE PERSPEKTIF KOMPILASI HUKUM ISLAM Syafiq Riza Hasan; Farchan Mu'aziz; Teguh Dwi Cahyadi
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 1 (2023): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i1.390

Abstract

ABSTRACT Islam is a religion that encompasses all aspects of life. One of them is that Islam pays attention to the continuity of human life through marriage. However, in reality, married life is not as smooth as imagined. Many married couples face disharmony in their marriage, which often leads to divorce. Divorce can occur for various reasons. As time progresses, more complex problems arise, one of which is known as "childfree." It is possible that the thoughts of the married couple will change with the changing circumstances and the passage of time. In such a situation, when one partner decides not to have children while the other partner chooses to remain childfree, a lack of harmony arises between them, leading to a new problem that may result in divorce. The aim of this study is to determine whether the reasons for choosing childfree can be used as a basis for divorce, either through "cerai talak" (divorce initiated by the husband) or "cerai gugat" (divorce initiated by either spouse). Considering that these reasons are not explicitly stated in the regulations. The method used in this study is a qualitative research approach. The research findings indicate that reasons for divorce not regulated by the Islamic Law Compilation (KHI) or other marriage regulations can be considered as the legal grounds for divorce. Divorce due to one partner choosing to be childfree can be categorized under point (e) or point (f) of Article 116 of the Islamic Law Compilation. Keywords: childfree, Islam, divorce, KHI.
MENINJAU ULANG TEORI PERTUMBUHAN POPULASI MALTHUSIAN DALAM PERSPEKTIF HAK REPRODUKSI PEREMPUAN DALAM HUKUM KELUARGA ISLAM MENINJAU ULANG TEORI PERTUMBUHAN POPULASI MALHTUSIAN DALAM PERSPEKTIF HAK REPRODUKSI PEREMPUAN DALAM HUKUM KELUARGA ISLAM Syafiq Riza Hasan; Fathan Jihadul Islam; Farchan Mu’aziz
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 2 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i2.562

Abstract

This study aims to explore the differences in perspectives between Malthusianism and Islam regarding reproductive issues. The research method employed is a qualitative literature review. The findings reveal that Islam holds a distinct viewpoint from Malthusianism concerning reproduction and population growth. While Malthusianism advocates for reproductive restrictions and population control, Islam encourages having children without limitations, emphasizing the importance of upbringing to raise righteous individuals, as well as efforts to meet their daily needs and recognition of women’s reproductive rights. This perspective is reflected in numerous religious texts urging Muslims to have many offspring. However, Islam does not advocate for increasing the number of children except with careful consideration within the framework of Allah's Sharia. Therefore, the theory proposed by Thomas Robert Malthus is not suitable for implementation by devout Muslims. The significance of this research lies in guiding Muslims to adhere to their religious teachings in managing reproductive issues and population growth.