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All Journal Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Budi Pekerti Agama Islam
Mhd Amar Adly
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kaidah المهر وجوبا خق الشرع وبقاء حق امراة , ماهو مل او منفعة يمكن تسليمها شرعا يجوز التزوج عليها، وما لا لايجوز , الموجب الأ صلي في باب النكاح مهر المثل , متي سمي ما لا يصلح مهرا صح العقد فيه, ووجب مهر المثل dalam Pembahasan Mahar Laila Suhada; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.945

Abstract

This article explains the rules of dowry which is a form of seriousness of a prospective husband towards the prospective wife he is going to marry. This paper uses the library research method which refers to previous research and also from books related to dowry. With the aim of finding out about the dowry and the rules of jurisprudence related to the dowry. The rules include that the dowry is obligatory and is a woman's right. The initial requirement in the marriage section is a commensurate dowry, property or benefits that can be handed over legally, marriage can be given to it and nothing that is not allowed, then what is not considered a dowry is called dowry, then the contract is valid and a similar dowry is required.
Kaidah المشقه تجلب التيسير dan Penerapannya dalam Hukum Keluarga Nur Suci Alawiyah; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.946

Abstract

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.
Kaidah الأمور بمقاصدها Dan Penerapannya Dalam Fikih Keluarga Faishal Faishal; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.948

Abstract

Fiqh rules are formulated based on general principles and can be applied in various contexts. With these rules, Islamic law still has unity and integrity in its principles even though there are variations in its application according to different circumstances and conditions. In the rules of jurisprudence, there are 6 basic rules, 5 of which are agreed upon and the 6th rule which is still disputed by scholars, namely. Al Yaqin la yuzal bi al-syak. Al-Masyaqqah tajlib al-Taysir. Al-Dhoror Yuzal. Al-'adah muhakkamah. And what is disputed is I'malul Kalam awla min Ihmalihi. This article aims to discuss one of the basic rules of al Umur bi Maqasidiha, the meaning, meaning of the rule, the origin of the rule and exceptions as well as the application of the rule of al Umur bi Maqasidiha in family jurisprudence. This research is a library research study. Primary data sources were obtained from literature and classical books of ulama related to the rules of al Umur bi Maqasidiha. According to this rule, every human word and action depends on the intention and intent of the perpetrator. So worship that is not based on good and correct intentions can invalidate the worship.
Kaidah Yang Terdapat Pada Bab Wali Nikah Ahmad Zaky Nauval; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.949

Abstract

Marriage is not only about forming a family which occurs because of the union of a man and a woman, but marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of f0orming a happy and eternal family (household) based on the belief in the Almighty God. One of the most important things about marriage is the marriage guardian. This article aims to find out the theory regarding marriage guardians, the rules for marriage guardians, the arguments and origins of the rules, examples of rules and exceptions to the rules. By using juridical-normative legal research methods, this article will review this conflict. The research results show that there are rules that regulate that a marriage guardian should not be a Fudhulli.
Qawaid Fiqhiyyah Tentang Zihar Heriamsyah Simanjuntak; Mhd Amar Adly; Heri Firmansyah
Jurnal Budi Pekerti Agama Islam Vol. 2 No. 5 (2024): October : Jurnal Budi Pekerti Agama Islam
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jbpai.v2i5.544

Abstract

This research aims to examine the concept of Zihar in the Islamic context, which refers to the action of a husband who utters words that resemble his wife with something that is haram for him, such as a mother or sister, without being accompanied by a legal divorce. The practice of Zihar is seen as a reprehensible act and contrary to the principles of justice and equality in husband-wife relationships in Islam. This research uses qualitative research methods which aim to describe data through a series of sentences. The method chosen is the descriptive method, which relies on data sources in the form of words, images and information from books, journals and other scientific works. The research results show that in the Qur'an, Allah confirms the prohibition against Zihar and determines kafarat (ransom) as a consequence of this action. Zihar speech should be avoided by husbands under all circumstances, emphasizing the importance of respect, justice and equality in the husband-wife relationship. Zihar is considered an illegal form of divorce in Islam, and although it does not directly result in divorce, makes the wife unlawful for the husband without a legal divorce process. The importance of good and understanding communication between husband and wife is also highlighted to prevent actions that are detrimental to either party. In addition, the consequences of Zihar in Islamic law and its impact in maintaining harmony and justice in husband-wife relationships are explained in detail. This research also confirms that Zihar is not an accepted practice in Islamic teachings, and that this act can have serious consequences in the husband-wife relationship. In a modern context, understanding the laws of Zihar can help Muslims maintain a just and harmonious marriage relationship in accordance with religious teachings.
Co-Authors Ahmad Zaky Nauval Faishal Faishal Heri Firmansyah Heriamsyah Simanjuntak Laila Suhada Nur Suci Alawiyah