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All Journal Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam
BW, Muh. Kurniawan
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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ISLAMIC LAW ANALYSIS OF MARRIAGE DISPENSATION FROM THE PERSPECTIVE OF MAQASID AL-SYARIAH Ginanjar, Muhammad Sholeh; BW, Muh. Kurniawan; Pradana, Aditya Fajri Kurnia
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 2 (2024): (October 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i2.2639

Abstract

Every person's marriage is definitely inseparable from family life and life. The reasonable and healthy hopes or intentions of every young person or teenager in their growing years is one of the goals of marriage. In this case, the minimum age limit for marriage for women is equated with the minimum age limit for marriage for men, namely 19 (nineteen) years as stated in Law Number 16 of 2019. The aim of this research is to analyze Islamic law regarding marriage dispensations from the Maqasid Al-Shariah perspective. The type of research carried out in this research is normative juridical legal research, because the researcher used library materials as the main data to analyze cases, and the author did not conduct field research. The results of the research show that the judge's considerations regarding the protection of children's rights are certainly in line with the articles contained in the Marriage Law and are also in accordance with what is aimed at by maqāṣid al-sharīah, namely to maintain the benefit in which the judge positions the position of shari'ah as higher than Constitution.
ANALISIS HUKUM ISLAM DAN HUKUM ADAT DALAM PEMBAGIAN WARISAN DI KELURAHAN JETIS KABUPATEN SUKOHARJO Kumara, Anis Rizki; BW, Muh. Kurniawan; Pradana, Fajri Kurnia
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 2 (2024): (October 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i2.2641

Abstract

Islamic law also regulates the right to transfer ownership of a person after death to his heirs from all relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. This research aims to analyze the application of Islamic law and customary law in the distribution of inheritance in Jetis Village, Sukoharjo Regency. This research uses a qualitative method with an analytical descriptive approach to explore the understanding and practices of the community in managing the division of inheritance. Data were collected through in-depth interviews, observations, and document studies, and analyzed using a thematic approach. The results showed that in the Jetis Village community, the division of inheritance is often influenced by a combination of Islamic law and customary law. Although Islamic law provides clear guidelines in terms of inheritance division, local customary practices also play an important role in determining how inheritance is divided among heirs. There is a tendency to adjust the provisions of Islamic law with customary norms to maintain social harmony and accommodate the needs of individuals within the family.
Co-Authors Aditya Fajri Kurnia Pradana Ginanjar, Muhammad Sholeh Kumara, Anis Rizki Pradana, Fajri Kurnia