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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam
Herdiansa, Herdiansa
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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HAK WARIS ANAK LAKI-LAKI DAN PEREMPUAN DI NEGARA-NEGARA MUSLIM Herdiansa, Herdiansa; Fauzizah, Siti
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2313

Abstract

Conflicts between heirs are often caused by the desire to get an excess portion, which creates a sense of injustice and can lead to conflict. This has been proven by the high demand for mediation and lawsuits regarding inheritance in Indonesian religious courts. This research aims to answer questions related to regulations regarding the distribution of inheritance between male and female children in Muslim countries, including Indonesia. The type of research used in this research is normative juridical research (doctrinal legal research) and uses the form of library study research, by reviewing literature that is relevant to the theme being discussed. This research is descriptive-comparative in nature by explaining legal regulations and comparing inheritance rights for sons and daughters in Muslim countries. The results of this research are that the concept of Li Az-Zakari Mitslu Hazzi al Untsayain the Qur'an has become a permanent guideline in the division of inheritance, so that the regulation of 2:1 distribution of inheritance between sons and daughters is widely implemented by Muslim countries. such as Indonesia, Malaysia, Egypt, Morocco, Jordan and Tunisia. Several Muslim countries tend to maintain the provisions in faraid law regarding inheritance distribution. This is different from the distribution of inheritance in Turkey where the ratio of inheritance between sons and daughters is 1:1. The comparison of inheritance in Turkey is influenced by the factor of equal rights between men and women regarding inheritance rights.
Penggunaan Kontrasepsi Darurat Berdasarkan Permenkes No. 97 Tahun 2014 Perspektif Maqāṣid al-Syarī’ah: Emergency Contraception Based on Permenkes No. 97 of 2014 from Perspective of Maqāṣid al-Syarī’ah Herdiansa, Herdiansa
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 5 No. 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i1.1139

Abstract

The use of contraception is one of the steps used by the Indonesian Government to support the “Kelurga Berencana” (KB) program. The various types of contraception regulated according to the Permenkes No. 97 of 2014 is emergency contraception, that can be used with the aim of preventing unwanted pregnancy and is used after sexual intercourse. The research aims to be an strengthens of previous research with the same discussion. However, in this research the authors used a different analytical tools to analyze this by using the theory of maqāṣid al-syarī'ah. The type of research is the library research method with the data collection process referring to primary, secondary data sources and also other supporting sources in this research. This research uses a normative juridical approach, an approach that seeks the truth of a matter, including legal concepts and principles from all sources of something (cases, laws or regulations). The results of this research are emergency contraception (KONDAR). If analyzed from the concept of maqāṣid al-syarī'ah, it can be concluded that the use of KONDAR is a functions as an effort to prevent the birth of children who do not have a clear lineage status because their mothers are victims of sexual violence. In terms of saving life and lineage, the use of KONDAR is a form of the main benefit of hifz al-nasf and the main benefit of hifz al-nasl.
Co-Authors Fauzizah, Siti