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All Journal Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Lentera:Indonesian Journal of Multidisciplinary Islamic Studies
Bahri, Anfal
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Antara Qanun dan Fiqh Jinayat: Analisis Terhadap Sanksi Hukum Bagi Pelaku Zina di Aceh Diana, Isna; Bahri, Anfal
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 6 No 2 (2024): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v6i2.9796

Abstract

This study examines the dynamics of religiously-based marriages and divorces across several nations, including Indonesia, Tunisia, Turkey, the United States, and the United Kingdom. The study is driven by the varied methodologies about marriage and divorce, influenced by a confluence of statutory regulations, cultural customs, and religious tenets. The primary concern is how these nations manage the multiplicity of religious traditions while upholding justice and safeguarding individual rights. The study seeks to analyze the regulation of religious marriages and divorces by legal systems in various countries and to pinpoint best practices that could inform the reform of marriage laws in Indonesia. The research utilizes a literature review methodology to assess secondary data from books, research reports, and legal laws in the chosen nations. We employ a descriptive normative methodology to deliver an extensive investigation of the interaction of law, culture, and religion concerning marriage and divorce. The findings indicate that certain countries have effectively delineated the functions of religion and the state in the governance of marriage and divorce while preserving religious values. These regulations emphasize justice, encompassing the safeguarding of individual rights in divorce procedures, the fair allocation of assets, and the welfare of children. This study emphasizes the necessity of enacting legislation that honors cultural and religious diversity while guaranteeing equal protection for all individuals. This research provides valuable insights for establishing an inclusive and equitable marriage law system in Indonesia.
Antara Qanun dan Fiqh Jinayat: Analisis Terhadap Sanksi Hukum Bagi Pelaku Zina di Aceh Diana, Isna; Bahri, Anfal
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 6 No 2 (2024): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v6i2.9796

Abstract

This study examines the dynamics of religiously-based marriages and divorces across several nations, including Indonesia, Tunisia, Turkey, the United States, and the United Kingdom. The study is driven by the varied methodologies about marriage and divorce, influenced by a confluence of statutory regulations, cultural customs, and religious tenets. The primary concern is how these nations manage the multiplicity of religious traditions while upholding justice and safeguarding individual rights. The study seeks to analyze the regulation of religious marriages and divorces by legal systems in various countries and to pinpoint best practices that could inform the reform of marriage laws in Indonesia. The research utilizes a literature review methodology to assess secondary data from books, research reports, and legal laws in the chosen nations. We employ a descriptive normative methodology to deliver an extensive investigation of the interaction of law, culture, and religion concerning marriage and divorce. The findings indicate that certain countries have effectively delineated the functions of religion and the state in the governance of marriage and divorce while preserving religious values. These regulations emphasize justice, encompassing the safeguarding of individual rights in divorce procedures, the fair allocation of assets, and the welfare of children. This study emphasizes the necessity of enacting legislation that honors cultural and religious diversity while guaranteeing equal protection for all individuals. This research provides valuable insights for establishing an inclusive and equitable marriage law system in Indonesia.
JUAL BELI SISTEM KREDIT: TELAAH PENDEKATAN KAJIAN FIQH Bahri, Anfal
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 14 No. 1 (2022): September 2022
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v14i1.1694

Abstract

This study explains credit when examined using the fiqh approach, because credit has become a polemic in society regarding the law. This study also discusses sharia, fiqh, and Islamic law, because many people have not been able to distinguish these terms. The method used in this study is a qualitative method of literature (library research). The results of this study indicate, a) fiqh as an approach is an activity and method of studying Islam through sharia law in the field of amaliyah based on detailed textual arguments. Sharia is a legal norm established by Allah that must be followed by Muslims based on faith in relation to Allah as well as to fellow human beings and things. Fiqh is sharia law relating to human actions taken from texts or other sources if they are not contained in the texts. Islamic law is a norm that comes from Allah and the Prophet Muhammad to regulate human behavior. b) If analyzed using the fiqh approach, basically buying and selling credit systems are allowed and there are no texts that forbid it. However, if it reaches the limit of injustice, then the law of credit turns into haram.
Co-Authors Diana, Isna