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All Journal al-Afkar, Journal For Islamic Studies Al-Arfa: Journal of Sharia, Islamic Economics and Law
Irfan Abdurahman
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Development of Islamic Family Law Thought Regarding Legal Norms of Waris, Wasiat and Hibah. Irfan Abdurahman; Asep Lukman Daris Salam; Erfan Shofari Sholahuddin
al-Afkar, Journal For Islamic Studies Vol. 7 No. 2 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i2.1237

Abstract

Discussion of shari'ah which is a reference to divine decrees as "standard operational procedures" and fiqh which is a sub-foundation of shari'ah in the form of interpretation at the next level as a product of anthropological subjectivity, requires the formulation of rules so that the product of legal understanding does not go off the rails of shari' at. Meanwhile, the idea of renewing the rules of fiqh, which leads to changes in the formulation of the main rules of fiqh, will give rise to methodological problems which are feared to deconstruct the established formulation. The main objective of Islamic law is to realize the ideals of human benefit which are based on the values of social justice as God's creatures. The ideals of Islamic social justice at the level of implementation are reflected in the juridical-normative provisions in both the Qur'an and al-Hadith, the basis of which are the values of equality (al-musawah), justice (al-'ilah) and freedom ( al-hurriyah). Islamic Sharia is a concept of religious teachings that regulates all dimensions of human life. Thus, Islamic law is a comprehensive concept of life. However, the legal provisions in both the Qur'an and al-Hadith are mostly stated in common language (mujmal) so that they require ijtihad. Therefore, it is very possible or even inevitable that there will be a diversity of interpretations of religious texts.
Implementation of Islamic Inheritance Law: Study of History, Law and Its Principles Irfan Abdurahman; Asep Lukman Daris salam; Parhan Taqwa Ali Hasan
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 1 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i1.53

Abstract

Islamic inheritance plays a pivotal role in Islamic teachings, holding significant importance. Within certain Muslim societies, conflicts often emerge among heirs regarding the distribution of inheritance. Consequently, it becomes imperative for the Muslim community to comprehend the intricacies of inheritance in Islam. This study conducts a literature review to delve into the subject matter. The authors gather data through a comprehensive search of various books, articles, and scholarly works. The findings of the study elucidate the extensive historical practice of Islamic inheritance, dating back to pre-Islamic times and the revelation of the Qur'an. In the practical implementation of Islamic inheritance, it becomes essential to understand the legal framework, principles, and related aspects such as pillars, conditions, causes, and barriers.
Legal Analysis of Taklik Talak in Indonesian Marriage Law and Compilation of Islamic Law Irfan abdurahman; Mochamad Nurdin; Galuh Cahya Noer
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.52

Abstract

Taklik talak is an agreement between a husband and wife aimed at protecting the wife from the arbitrary actions of the husband. The recitation of the taklik is done by the husband after the marriage contract (ijab kabul) is performed. In practice, the recitation of the taklik talak is seen as obligatory, as it is almost always carried out in every marriage ceremony. However, according to Article 46 of the Compilation of Islamic Law, taklik talak is not mandatory.The issues arising from this background include:a) The position of taklik talak in Indonesian marriage law and the Compilation of Islamic Law.b) How taklik talak is implemented in society.The approach used to address these issues is a juridical-sociological method, which links events in the field with legal aspects or applicable laws. Taklik talak has existed in Indonesia since the reign of Sultan Agung Hanyakrakusuma, the king of Mataram (1554 Java/1630 AD), with the purpose of protecting wives who are abandoned by their husbands due to state duties.The law states that taklik talak is not mandatory. It is recited only if both spouses agree to it. However, once recited, taklik talak cannot be revoked. Many people perceive taklik talak as a necessary part of the marriage process, as it is customary for it to be recited in every marriage.In society, divorces often occur due to violations of taklik talak. To prove that taklik talak has been violated, judges consider evidence such as letters and witnesses, especially from family members or close acquaintances. The consequences of divorce due to the violation of taklik talak include issuing a talak satu or talak khuli against the wife, and the wife may be subjected to an iwadh penalty of Rp. 10,000.00.
Co-Authors Asep Lukman Daris Salam Erfan Shofari Sholahuddin Galuh Cahya Noer Mochamad Nurdin Parhan Taqwa Ali Hasan