Akbar, Zainuri
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Inheritance Rights of Nasabiyyah Children Born Out of Wedlock According to Islamic Family Law Maulana, Anas; Akbar, Zainuri; Habibie, Ramadhani Alfin; Norhadi, Muhammad; Hasuna, Kamal
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.25072

Abstract

The inheritance rights  of nasabiyyah  children outside of marriage, religion or the state will not get inheritance because the status of the child  follows his mother, not his father. The serious problem is how to maintain the rights that should be obtained by children born out of wedlock, and whether the development of science and technology is ignored, even though in the rules of a change in a law is dependent on the time, place, and context of the problem. This study uses a comprehensive juridical law method that is comparatively analyzed to present data and facts from the perspective of positive law and Islamic law as well as the role of technology and science. The data is sourced from articles, books, legal rules and other juridical sources. This study concludes that in positive law, especially civil law of inheritance, the status of the child's inheritance rights outside of marriage can be recognized as long as the biological father recognizes the child's destiny as his destiny. As for Islamic civil law, there is no legal leniency for children outside of marriage, if the child is born without a clear status from both parents, then the child follows his mother and not his father. Islam has flexible laws that can adapt to the existing context. From the point of view of Islamic law, there are several ways to determine nasab, one of which is the qiyafah technique. The technique can be qiyas-kan with the reading of the nasab through a DNA test because it has almost the same legal 'illat. With the advancement of technology and the development of science, the method of determining the nasab can also be developed. 
PERAN KELUARGA SEBAGAI MEDIA PEMBELAJARAN KECERDASAN SPIRITUAL YANG BERBASIS PANDANGAN SAYYED HOSSEIN NASR Akbar, Zainuri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v4i2.839

Abstract

This research is about how the family plays a role as a stimulator in building spiritual intelligence based on the Neo-Sufism views of Sayyed Hossein Nasr. That the family can be a container for a learning system for humans in cultivating character and personality. Character cultivation from within the family is significantly expected to be able to equip someone in achieving an understanding of spiritual meaning. Based on these reasons, this study attempts to provide a formulation for modern society in building spiritual intelligence based on a family approach. This study uses a qualitative analytical literature research method to reveal phenomena holistically and contextually. The results of the study show that modern society is increasingly losing its understanding of spiritual behavior, resulting in sensitivity to social conditions that are less vigilant and attentive. This study shows that in Nasr's view, the family does not only function as a place to gain worldly knowledge, but also for the good of the hereafter. Through teaching religious values, practicing joint worship, and strengthening mutually supportive emotional relationships, families can create an atmosphere conducive to the development of spiritual intelligence.
UPAYA PASANGAN SUAMI-ISTRI PENYANDANG DISABILITAS DALAM MEMBENTUK KELUARGA SAKINAH PERSPEKTIF PSIKOLOGI KELUARGA Daud, Fathonah K.; Baroroh, Nunuk Umi; Akbar, Zainuri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.1012

Abstract

This research examines several efforts of husband and wife couples with disabilities in forming a sakinah family from a family psychology perspective. The aim of this research is to find out several efforts and things that are factors in the formation of sakinah families as well as factors that hinder sakinah families in families of people with disabilities. This research is descriptive qualitative in nature, with data collection methods carried out by means of observation, interviews and documentation. The objects of this research are residents of Sokogrenjeng Kenduruan Tuban village who have disabilities and have partners. This is not easy to achieve, because disabled couples certainly have many obstacles in achieving this. The research results show that there are several efforts to create a sakinah family, including harmony in the family, responsibility between husband and wife, ideal leaders, support from family and the environment, based on a sense of mawaddah and mercy. Apart from that, there are several efforts specifically for psychological needs that are implemented to create a sakinah family, including strong cohesion, accepting agreements within the family, a sense of belonging, good communication, a sense of attraction between family members, and each member trying to achieve family goals. . This shows that family psychology has an important role in the family to achieve a harmonious family for couples with disabilities. This research makes an important contribution to our understanding of efforts to form a sakinah family, especially for couples with disabilities, that it is not easy to create a sakinah family, especially in limited conditions.