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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Bustanul Arifin, Nursyirwan
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Shifting Meaning of Istiṭa‘ah in Performing Hajj for the Bone People in the Perspective of Islamic Law Bustanul Arifin, Nursyirwan; Keri, Ismail; Said, Ali; Kiramang, Khaeruddin; Khaironi, Ghazanul Fikri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.15436

Abstract

The community’s understanding of istiṭa’ah (ability) has shifted and narrowed in meaning towards the economic aspect. This study aims to describe the concept of istiṭa’ah as understood by the people of Bone, South Sulawesi, the factors that cause the narrowing of the meaning of istiṭa’ah, and the economic contents that influence the meaning of istiṭa’ah. This study used a qualitative method using the lughawi approach and Islamic law as an analytical tool. Data were collected by means of in-depth interview and literature review. This study found that the people of Bone have interpreted istiṭa’ah as physical, economic, and security capabilities while in the Holy Land. The shift in the meaning of istiṭa’ah narrowly has referred only to economic ability, as influenced by the high costs, the long waiting lists, and a large number of transfers of regular hajj to hajj handled by private travel agents. The shift in the meaning of istiṭa’ah towards the economic ability is due to no other indicator other than the economy that makes any constraints or limitations can be overcome through paid services of other people. Those who have economic ability will get more VIP facilities than those who do not. In terms of lughawi meaning, istiṭa’ah should be understood broadly, not merely physical, non-physical nor economic factors. In Islamic law, the waiting list and security factors can become illat (cause) of a person to be able (istiṭa’ah) to perform Hajj.
The Legal Position of Children of Incest (A Study of Madhhab Scholars and Compilation of Islamic Law) Djawas, Mursyid; Achyar, Gamal; Bustanul Arifin, Nursyirwan; Reza, Masri; Umar Yakub, Baharuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.11904

Abstract

This study aims to discuss the legal position of children of incest, the opinions of madhhab scholars, and the provisions on inheritance rights of children of incest according to Islamic law. This normative legal study used the Islamic law methodological approach (ushul fiqh) and the legislation/ statute approach. The data were obtained through a literature review of the laws or legal rules. The results of the study revealed that the legal position of children of incest in Islamic law is in terms of civil matters (i.e., lineage/blood relations) between the children and the parents. The children only establish lineage ties with their mothers and their maternal families. Further, the madhhab scholars Imam Malik and Imam Shafi’i argue that adultery does not produce legal descendants, and therefore, the children are not related to the male adulterer but to the female, as they are born from an illegitimate relationship. In addition, Imam Hanafi and Imam Hanbali state that it is forbidden for a man to marry the daughter born of his adultery, as she is equal to his legitimate daughter. This is the view of the majority of madhhab scholars. In the case of the inheritance rights of children of incest, the children can only get an inheritance from their mothers and the maternal families, apart from the lineage, guardianship, inheritance, and livelihood rights. However, al-Jaziri, a contemporary scholar, views that children of incest are still legitimate children whose lineage and inheritance are still related to both father and mother.
Co-Authors Gamal Achyar Keri, Ismail Khaironi, Ghazanul Fikri Kiramang, Khaeruddin Mursyid Djawas Reza, Masri Said, Ali Umar Yakub, Baharuddin