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All Journal el-Aqwal: Journal of Sharia and Comparative Law El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Hidayah, Okti Nur Hidayah
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Jual Beli Pakaian Bekas Dalam Perspektif Fikih Al-Bi’ah Hidayah, Okti Nur Hidayah; Abdurrahman, M. Iqbal
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 1 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i1.9512

Abstract

The textile industry has become a strategic sector in Indonesia, but it also ranks as the world's second-largest contributor to pollution. In the current fashion world, there is a trend known as thrifting, which involves buying and selling secondhand clothing. Through the sale of secondhand clothes, no waste is generated from the production of new garments. Islam, as the majority religion embraced by the Indonesian population, has a conceptual framework for addressing environmental issues known as Fikih al-biah. This research will delve into the buying and selling of secondhand clothing from the perspective of Fikih al-bi'ah. The study employs a library research methodology, utilizing secondary data from existing literature, which will be analyzed through the lens of Fikih al-bi'ah. The findings of this research indicate that engaging in the buying and selling of secondhand clothing, commonly referred to as thrifting, from the perspective of Fikih al-biah, or environmental conservation, can contribute to five main aspects of Islamic legal objectives: safeguarding religion, preserving life, protecting lineage, maintaining intellect, and upholding wealth.
The Provision of Dowry in Iranian Civil Law according to Imamiyah School Hidayah, Okti Nur Hidayah
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.9475

Abstract

In Iranian wedding tradition, the dowry (mahr) is not paid upfront as done in Arab culture, and there is no set deadline for its payment. The regulations regarding dowry in Iran are outlined in the Civil Code of the Islamic Republic of Iran, which states that anything that can be considered property, owned, and controlled can be designated as dowry. In the subsequent article, it is explained that dowry can be entirely or partially deferred. This article aims to elucidate the concept of deferred dowry (mahar dihutang) in Iranian civil law from the perspective of the Imamiyah School of Thought, which is the predominant school of thought in Iran. This study is conducted through a literature review with a normative approach. The research findings reveal that items eligible to be considered as dowry are those with an associated market value, in alignment with the principles of the Imamiyah school. Deferred dowry is permitted within the Imamiyah school, but when the husband is incapable of paying the dowry, the wife is allowed to make a decision to abstain from conjugal relations with him. This, however, cannot be used as a reason for divorce. In Iran, there exists a phenomenon known as "mahar prisoner" for husbands who fail to pay the dowry in full after marriage.
Co-Authors Abdurrahman, M. Iqbal