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Abda, Muhammad Syafqy
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Religion Law, Crime, Criminology & Criminal Justice

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LEGITIMASI NIKAH DARING MELALUI TAUKIL BIL KITABAH MENURUT HUKUM ISLAM DAN HUKUM POSITIF Vijaini, Akhmad; Hasbi, Muhammad; Abda, Muhammad Syafqy; Parahdina, Soraya
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v4i1.6985

Abstract

This reseach is aim to know the validity and impact of teleconference-based marriage probelms in Indonesia. This research used descriptive qualitative research method and the kind of research is library research. The result of the research showed that online marriage contract has a risk and it is being a debate especially about ittihâd al-majlis, but with taukil bil kitabah as the procedure from Religious Affairs Office (KUA) which is the state official agency in marriage problem can be a solution of it. Because of the marriage through teleconference case in 1989 that became a pioneer of this marriage can be held and developed until now. Which is one of the KUA in Jakarta Selatan refuses the long distance marriage to be registered. So that the researchers felt the need to research about the validity of long distance marriage from Islamic and positive law sides. Also, so it could educate people about the risk of daring or teleconference marriage, if it occurs, it is feared that there would be a technology-based fraud such as deepfake and so forth
NAFKAH MADIYAH ANAK DALAM PERSPEKTIF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI: MADIYAH CHILDREN'S FEEDBACK IN THE PERSPECTIVE OF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI Abda, Muhammad Syafqy; Habibah, Nor; Mursyada, Ahmad
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5410

Abstract

Nafkah Madhiyah for children in Religious Court's lawsuits now has different legal provisions. It were initially declared inviolable then now became opened for accusations thence provides opportunities for children to get these rights. The child's livelihood is the responsibility of a father, as contained in the Qur'an and regulated in the Marriage Law. There are several opinions of scholars that abolish the child's middle income, as well as the Supreme Court Jurisprudence Number 608/K/AG/2003 which states that basically Madhiyah's income cannot be sued because the child's income is Lil' Intifa, namely to take benefits, not Lit Tamlik or to be owned. Then the negligence of a father who does not provide a sustenance for his child or Nafkah Madhiyah maintenance cannot be sued, but with the legal breakthrough contained in SEMA No. 2 of 2019 which states that the child's Nafkah Madhiyah can be asked. This paper attempts to see the relevance of the SEMA with the maslahah mursalah put forward by Najmuddin at-Thufi.
Co-Authors Habibah, Nor MUHAMMAD HASBI Mursyada, Ahmad Parahdina, Soraya Vijaini, Akhmad