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All Journal JURNAL MERCATORIA International Journal of Social Science and Religion (IJSSR) Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Payung Sekaki : Kajian Keislaman
Aslati
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Aspects of Islamic Family Law to the Muslim Minority in Singapore: A Literature Review Silawati; Aslati; Agustar, Armi; Zein, Anwar
International Journal of Social Science and Religion (IJSSR) 2024: Volume 5 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v5i1.206

Abstract

This article will discuss the position and application of Islamic family law in countries with Muslim minority populations, particularly in Singapore. In every Muslim community in the world, no one denies the existence of Islamic law with its universal character of application. The universality of the application of Islamic law requires the submission of all Muslims to the teachings of Islam, will not see the time and place not to implement its provisions, and also requires the existence of universal values contained in branch laws that may differ from one place to another. That is why Muslims in Islamic countries and countries where the majority of the population is Muslim have relatively no problems with the application of Islamic law in everyday life because Islam upholds religious tolerance. The above reality will undoubtedly be different if Islamic law develops among Muslims, who are a minority in secular countries, namely countries with a government system that separates religion as a private matter.
Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law Aslati; Agustar, Armi; Silawati; Arisman; Arafah, Siti
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i1.10571

Abstract

Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah.
PENERAPAN KAIDAH FIQHIYYAH AL-DHARARU YUZAL PANE, ISMAIL; M RIDHO RAMADHANI; TUTUT SARTIKA SIREGAR; AKMAL ABDUL MUNIR; ASLATI
Jurnal Payung Sekaki : Kajian Keislaman Vol. 1 No. 2 (2024): Jurnal Payung Sekaki: Kajian Keislaman
Publisher : Jurnal Payung Sekaki : Kajian Keislaman

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Abstract

Solving problems using the rules of fiqhiyyah, and showing that the rules of fiqhiyyah is one of the disciplines, does not stand alone in its themes and studies. As a derivation of jurisprudence or Islamic law, the rules of fiqhiyyah are common nodes of some problems of Islamic law that can be used by laypeople and fuqaha in finding solutions to legal problems that arise in the community in various themes both worship, muamalah, and contemporary Islamic legal issues. This study aims to determine the application of the rules of fiqhiyyah Al-Dhararu Yuzal in solving problems of Islamic law. The method used in this study is the SLR (Systematic Literature Review) method. The result and Conclusion is that the rule of Al-Dhararu Yuzal (الضرر يزال) is one of the five qawaid fiqhiyyah kulliyah kubra, and has several branch rules.
Legal Protection of Children's Rights in Early Marriage Nurjannah; Al Munawar, Said Agil Husin; Aslati
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.15383

Abstract

This article aims to find out the age of readiness to marry in early marriage in the review of Islamic law and Indonesian Positive Law against early marriage and legal protection of children's rights in early marriage. The problem is focused on how the readiness age of marriage in early marriage based on Islamic law and positive law, how legal protection of children's rights in early marriage. The theoretical references used are the theory of legal protection and the theory of benefit in Islamic law. Data were collected through literature study and analyzed qualitatively. This study concludes that the readiness of marriage age in Islamic Law can be carried out by prospective brides who have not or have reached puberty if they have fulfilled the conditions and pillars of marriage by paying attention to the benefits. Based on the Compilation of Islamic Law, the minimum age of marriage for men is 19 years and for women is 16 years. Based on Positive Law Marriage Law No. 16 of 2019 in Article 7 Paragraph (1) marriage is permitted if the man and woman reach the age of 19 years. If in certain circumstances married under the age of 19 years can apply for Dispensation to the Court with urgent reasons and supporting evidence. In early marriage, legal protection of children's rights includes age limits, marriage dispensation and protection of children's rights including protection of education and awareness, supervision and protection from violence, physical and mental readiness, agreement and consent in early marriage. With this protection, the rights of children in early marriage can be protected.
Co-Authors Agustar, Armi Akmal Abdul Munir Al Munawar, Said Agil Husin Arafah, Siti Arisman M RIDHO RAMADHANI Nurjannah Pane, Ismail Silawati TUTUT SARTIKA SIREGAR Zein, Anwar