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All Journal Jurnal Ilmiah Dan Karya Mahasiswa Jurnal Kajian dan Penelitian Umum Mutiara: Jurnal Penelitian dan Karya Ilmiah Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Student Research Journal Nian Tana Sikka: Jurnal Ilmiah Mahasiswa
Mhd. Amar Adly
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dalil Hukum Perkawinan Beda Agama Ahmad Zaky Nauval; Mhd. Amar Adly; Heri Firmansyah
Nian Tana Sikka : Jurnal ilmiah Mahasiswa Vol. 3 No. 1 (2025): Nian Tana Sikka : Jurnal ilmiah Mahasiswa
Publisher : Fakultas Ekonomi & Bisnis, Universitas Nusa Nipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59603/niantanasikka.v3i1.676

Abstract

Marriage is not only about forming a family that occurs because of the union of a man and a woman, but marriage is an innate bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. It is a problem if marriage is the desire of each prospective couple but is hindered due to religious differences, In practice interfaith marriage is not a new thing and has caused many pros and cons in the community. This paper aims to find out the legal postulates of interfaith marriage both in terms of Islamic law and positive law in Indonesia. Using juridical-normative legal research methods, this article will review these contradictions. The results of the study show that interfaith marriage, both in terms of Islamic law and positive law, is prohibited.
Teori Dalil Hukum Rujuk Laila Syuhada; Mhd. Amar Adly; Heri Firmansyah
Jurnal Ilmiah Dan Karya Mahasiswa Vol. 3 No. 1 (2025): JURNAL ILMIAH DAN KARYA MAHASISWA (JIKMA)
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jikma.v3i1.2876

Abstract

This paper aims to find out how the definition of rujuk, how the himpuna of the arguments about rujuk, how the munasabah of the arguments between the arguments about rujuk and how the concept of rujuk according to the compilation of Islamic law. This research is a library study (library resecarh). Primary data sources are obtained by reading the literature related to the discussion of rujuk. The results of the study show that rujuk is an act or utterance of the husband wanting to return to his spouse while the arguments for rujuk are found in the Qur'an and Hadith, there is a relationship between the arguments with other arguments related to rujuk, and the concept of rujuk according to the compilation of Islamic law is in line with the laws contained in the Qur'an and Hadith.
Dalil Hukum Hak dan Kewajiban Suami Istri Nur Suci Alawiyah; Mhd. Amar Adly; Heri Firmansyah
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 3 No. 1 (2025): Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v3i1.2037

Abstract

Establishing the rights and responsibilities of each family member is a strategy to build and maintain harmony between husband and wife. Household harmony is difficult to achieve without being balanced with knowledge and awareness in fulfilling obligations to uphold the rights of one’s partner. Inequality will inevitably arise if there is an imbalance where rights are prioritized or expanded over obligations, or vice versa. This type of research is referred to as Library Research, utilizing a content analysis approach to process data descriptively and analytically while still relying on qualitative data. This study will discuss the legal foundations of the rights and responsibilities of husband and wife, including texts from the Quran and Hadith. Islamic law, as agreed upon, derives its sources from the Quran, Sunnah, Ijma', and Qiyas.
Dalil Hukum Perjanjian Perkawinan Saphira Husna Nasution; Mhd. Amar Adly; Heri Firmansyah
Jurnal Kajian dan Penelitian Umum Vol. 3 No. 1 (2025): Jurnal Kajian dan Penelitian Umum
Publisher : Sekolah Tinggi Agama Buddha Nalanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47861/jkpu-nalanda.v3i1.1502

Abstract

This article elaborates on the definition of marriage agreements, the procedures for establishing such agreements, their benefits, and the religious evidence addressing the topic. The study employs a qualitative descriptive methodology and a library research technique. The arguments presented in this essay are based on various sources, including hadiths, tafsir, fiqh literature, and classical Islamic texts. It also incorporates the arguments and opinions of Islamic scholars. Contributions from modern fiqh experts are also included, resulting in a cohesive conclusion. The findings of this study indicate that, based on evidence from the Quran, Hadith, and the majority of scholars (jumhur ulama), the legal ruling on marriage agreements is permissible (mubah).
Problematika Kesaksian Talak dalam Pengadilan Agama Menurut Fiqih Islam dan KHI Umar Umar; Mhd. Amar Adly; Heri Firmansyah
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 1 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i1.1724

Abstract

Divorce (Talak) is an act that dissolves the marital bond between husband and wife. Divorce is categorized into two types: Talak Raj’i and Talak Bain. In Islamic law, the dissolution of marriage does not necessarily require the presence of a third-party witness. This discrepancy p This study aims to examine the legal foundation of Islamic jurisprudence and KHI concerning the dissolution of marriage, focusing on the differences between these two legal frameworks. Employing the Library Research method, the researcher gathered data related to this issue. The findings reveal significant differences between Islamic jurisprudence and the KHI regarding This difference arises because the two legal frameworks are based on distinct legal foundations, resulting in varied applications. From the discussion, it is clear that divorce declarations should not need to be repeated in front of a judge in religious courts. Based on the consensus (ijma’) of Islamic scholars, the involvement of third parties is unnecessary to validate a divorce. Institsbat) the divorce, meaning the husban This approach aligns with other cases, such as unregistered marriages (nikah siri), where the marriage.
Ahkam Az-Zawaj; Hukum-Hukum Perkawinan: Kitab Fathul Mu’in Bi Syarhi Qurratil ‘Ain Bi Muhimmatiddin Faishal Faishal; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1689

Abstract

This study aims to examine the laws of marriage as outlined in the Fathul Mu’in Bi Syarhi Qurratil ‘Ain Bi Muhimmatiddin manuscript through an analysis of Islamic jurisprudential sources and principles. The research employs a qualitative method based on a literature study with a descriptive-analytical approach. The focus includes explanations of marriage laws under various circumstances, encompassing obligatory, recommended, disliked, prohibited, and permissible rulings, aligned with Islamic jurisprudential principles and individual contexts. The findings reveal that marriage laws in Islam are flexible and adaptable, depending on the illah (legal reasoning) or conditions of individuals, as elaborated in the referenced text and supported by the Qur'an and Hadith. The research addresses the issues of how Islamic marriage laws are applied and how this text contributes to both theoretical and practical understandings of marriage jurisprudence.
Dalil Hukum Wali, Saksi dan Usia Menikah Fatimah Fatimah; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1710

Abstract

The position of the guardian in the marriage contract is a very important aspect in determining the validity of a marriage contract between a male and female couple. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed, there is not a single verse in the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. To realize this goal, there are the pillars of marriage, namely the groom, the bride, the guardian, two witnesses and the consent qobul. There is a very striking difference among the scholars of the four two pillars of marriage, namely: guardian and two witnesses. Some of the four school of thought scholars include it as a pillar and some do not include it as a pillar; some say it is a valid requirement and there are also those who say it is only a complement. Departing from this background, there is a question, what is the position of guardians and witnesses in marriage according to the four schools of thought? Answering this question, the number of ulama argued that guardians and witnesses are one of the pillars of marriage and are a benchmark for the validity of a marriage. Hanafiyyah ulama said that guardians are only complements. The Malikiyyah ulama place witnesses under Sunnah law, but require the presence of a guardian when having intimate relations. Then the age limit for marriage in Islam was analyzed by sectarian scholars. To find out what the age limit for marriage is in Islam, it was then analyzed by Islamic school scholars. Islam itself does not limit the ideal age for marriage. However, in general, what is commonly known is that they are baliq, have good sense, are able to distinguish between good and bad so that they can give consent to marriage, when the time has come for someone to get married (buluq an-nikah), with the word "rusyd". The fuqaha have different opinions regarding the age limit for marriage, where the Shafi'i and Hanbali schools argue that the ideal age for marriage is 15 years, while Abu Hanifa believes that the age of maturity comes at 19 years for women and 17 years for men, others Likewise, Imam Malik believes that the ideal age of maturity is 18 years for both men and women.
Hukum Hak Asuh Anak Dibawah Umur dalam Masyarakat Adat Karo di Desa Paribun, Kecamatan Barus Jahe, Kabupaten Karo, Sumatera Utara Muhammad Hajatoleslam Siregar; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1715

Abstract

This research analyzes the custody rights of minor children due to the termination of their parents' marriage relationship with references to the Marriage Law, the Compilation of Islamic Law and the application of Karo customary law. The research method used in this research is normative juridical. The research location is in the Paribun area, Barusjahe sub-district, Karo district, North Sumatra. The right to care for children in Article 45 of Law Number 1 of 1974 Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law explains that if the child is still not yet mumayyiz child care is assigned to the mother, when the child is mumayyiz it can be given the right to child. to decide whether to be raised by father or mother. The Law on Marriage states that fathers and mothers as guardians are obliged to take good care of their children. Parents' obligations to their children have 2 (two) commitments, namely nurturing and educating. Caring means providing support for children, such as clothing, food and shelter. Educating means providing teaching to children, whether given specifically by parents through good guidance and direction, or given formally through sending children to school. Parents' obligations to their children will not end with the dissolution of the parents' marriage, because the dissolution of the marriage is either due to live divorce, death divorce, or due to court execution. Batak customary law in raising children is based on a patrilineal framework with the condition that the child will carry on the clan from the father's line, thus child care is borne by the father.
Teori Dalil Hukum Hadhanah Rachmat Husein Rambe; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1716

Abstract

This research is research on custody rights or hadhanah for underage children, child custody or hadhanah is one of the problems that arises when a husband and wife divorce, especially those who already have one or more children. , hadhanah is the task of looking after or caring for babies/small children who are not yet able to look after and regulate themselves. Receiving care and education is the right of every child from both parents. The child's parents are the ones who are more important in carrying out this task, as long as both of them have the ability to do so. In terms of custody or hadhanah of children who are not yet 12 years old, it should be given to a mother in accordance with what is regulated in Article 105 of the Compilation of Islamic Law which states that custody or hadhanah of children who are not yet 12 years old is the right of a mother. This research uses research methods Normative juridical, normative juridical, namely legal research carried out by examining library materials and using research approach models in legal researchers including legal approaches - Islamic law. The data collection method used is library data obtained through library research sourced from Islamic law, books, official documents, publications and research results. The primary data source was obtained by reading literature related to the discussion of hadhanah. The results of this research. The fuqoha agreed that hadhanah started from the birth of the mahdhun until the mumayyiz of the mahdhun, however they differed in their opinions regarding when the hadhanah ended after mumayyiz.
Co-Authors Ahmad Zaky Nauval Faishal Faishal FATIMAH FATIMAH Heri Firmansyah Laila Syuhada Muhammad Hajatoleslam Siregar Nur Suci Alawiyah Rachmat Husein Rambe Saphira Husna Nasution Umar Umar