Abdul Jalal, Luqman
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Rekonstruksi Argumen Keadilan Berimbang Hak Laki-Laki dan Perempuan dalam Waris Islam Abdul Jalal, Luqman
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.153

Abstract

The concept of Islamic inheritance of two to one between men and women is contradicted by the logic of justice and gender equality. This requires reinterpretation, adjusting its socio-historical context. In this sacred text, there is a goal of substantive justice, because it is related to interactions between fellow human beings and socio-economics. The Principle of Balanced Justice answers this discourse which is considered discriminatory. Namely, providing rights proportionally and in balance with obligations, the obligation of the husband to support his wife and family. Men and women have equal rights to heirs, not related to the issue of gender equality. This study uses a descriptive analysis method, by presenting data from literature studies, books, journals, articles related to the issue of justice in Islamic inheritance law, then drawing conclusions. This study concludes that the concept of Islamic inheritance is the true justice of God Who knows the ins and outs of human nature, based on Balanced Justice between the rights and obligations of men and women. The principle of balanced justice is based on the principle of ijbari, the transfer of ownership of property according to God's provisions and all parties submit. The Principle of Balanced Justice has been regulated in the material law of Islamic Inheritance in Indonesia. The principle of balanced justice is based on substantial justice. And the principle of balanced justice is independent, not contrary to the principle of non-discrimination in PERMA No.3/2017.
Asumsi Toxic Parenting Pada Hadits Perintah Memukul Anak Abdul Jalal, Luqman
Jurnal Ilmiah Ilmu Ushuluddin Vol. 23 No. 2 (2024): Jurnal Ilmiah Ilmu Ushuluddin
Publisher : Fakultas Ushuluddin dan Humaniora UIN Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jiiu.v23i2.15235

Abstract

The extremist textualist group understands textually the hadith of the Prophet which tolerates parents hitting ten-year-old children to perform prayers. They understand this hadith text as the final sharia which does not accept changes. The terminology of dharaba in the essential sense, the minimum limit is a physical blow that does not leave an impression and does not cause physical harm. The maximum punishment is ta'zir which has a deterrent effect. Even for those who are ten years old and still refuse to pray, the punishment of beatings may be added, and some argue the death penalty if they continue to resist. This research employs a descriptive analysis method, presenting data from literature studies, books, journals, and articles related to the issue of toxic parenting and the hadith on the command to hit children, and then concludes. The results of this research are analyzed comprehensively and contextually, concluding four things; 1). This hadith is related to a very important Islamic principle, namely the obligation to pray, so the Prophet gave a firm solution in straightforward language. 2). This hadith is an integrative unit with the Prophet's family education pattern which prioritized rewards before punishment, in fact the Prophet never hit his children and grandchildren. 3). In practice, the Prophet taught his family with gentleness and affection, carrying and kissing his children and grandchildren. This is in sharp contrast to the jahiliyah culture which hates girls and buries them alive. 4). The term dharaba has become part of the ulama's discourse, whether it means essence or majazi, some understand it as a metaphorical language style which means firmness and discipline in teaching prayer, and some understand it as a physical blow that doesn't hurt.