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Relevansi Hukum Poligami Antara Hukum Positif Dan Hak Asasi Manusia komarudin, moh; laili, afrohatul; anwar, saifudin
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 2 No 1 (2024): Vol. 2, No. 1, Februari 2024
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v2i1.1531

Abstract

Polygamy is a man who has more than one wife. In Indonesia, polygamy is still taboo, because community customs do not accept being married by their husbands. Even though in Islam polygamy has been regulated in such a way, so that no woman is harmed when her husband is polygamous, according to what is explained in the Al-Qur'an, Surah An Nisa' verse 3, it is explained that men can have two, three and four wives if possible. fair, if you can't then just one is enough. Polygamy in society is still controversial, because there are still pros and cons when faced with polygamy. People who are against polygamy still give polygamy a negative assessment. Even those who are against say that polygamy is an attitude of harassment by men towards women because it is seen as a place to vent their lust. In accordance with Article 4 paragraph 1 of Law no. 1 of 74, this article explains that a husband who wants more than one wife is obliged to submit a request to the PA in his area. There are various kinds of problems that occur in our society today, where these problems seem to be less seriously accepted by women, because the practices that have been carried out now are not in accordance with the demands of Shari'a, some are also influenced by jealousy, and feel wronged, so that the women's side is less accepting of this problem, among the many problems that arise in society, the author just chooses one that is appropriate to the topic, namely the problem of polygamy, this hardly finds an absolute point as to what the real law is, however, in our society, there are some people who reject polygamy and others vice versa, for various reasons put forward, whether these reasons are based on Sharia law, or because of a tendency towards lust.
Zakat Sebagai Pengurang (Penghasil Kena) Pajak hasan, dahlawi; slamet, Slamet; laili, afrohatul
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 2 No 1 (2024): Vol. 2, No. 1, Februari 2024
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v2i1.1533

Abstract

In accordance with Islamic sharia, zakat is imposed on two things, namely on every living human soul (an-nafs) and on assets (maal) that meet the requirements. Zakat on the soul is called zakat fitrah, it is paid once a year in the holy month of Ramadan before the Eid al-Fitr prayer, it is paid in the form of one sha' of staple foods such as rice, wheat, corn or according to some scholars zakat fitrah can be paid in the form of money equivalent to the price of one sha' of these staple foodstuffs. Management under the authority of an agency established by the State will be much more effective in carrying out its functions and impact in building the welfare of the people who are the goal of zakat itself, compared to zakat being collected and distributed by institutions that run independently and have no coordination with each other. To facilitate the obligation to pay zakat for Muslims in Indonesia, the law stipulates the government's obligation, namely to provide protection, guidance and services to muzakki, mustahiq and amil zakat.
Hukum Waris Islam (Telaah Pemikiran Muhammad Syahrur) Laili, Afrohatul
SINDA: Comprehensive Journal of Islamic Social Studies Vol 3 No 3 (2023): Volume. 3 Nomor.3 Desember 2023
Publisher : Universitas Nahdlatul Ulama Blitar

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Abstract

One of the figures who contributed to criticism of inheritance law was Muhammad Syahrur (Syahrur). There is no doubt about Syahrur's controversy and influence in the Muslim world. He is a contemporary scholar who tries to re-read Islamic law and reconstruct it with contemporary readings, which often results in different results from those of the fuqaha in general. Syahrur made Syahrur's main contribution in the field of Ushul Fiqh, bringing major implications to various readings and conclusions of Islamic law including inheritance law which is different from the views of previous jurists. Apart from criticizing the jurists who placed the rules of wills under inheritance, Syahrur also dismantled the "rigid" system of dividing inheritance. For Syahrur, the division between men and women (namely 2:1) does not apply forever. Such provisions can change within certain limits. It is possible that under certain conditions, the share becomes 1:1. This research uses normative research because the research uses library materials as the main data for analyzing cases. This research examines more specifically the study of Muhammad Syahrur's thoughts on Islamic inheritance law. Syahrur believes that wills should be prioritized over inheritance, because they can better accommodate the values ​​of justice. Apart from that there is no text regarding the verses of the will, Syahrur's hudud theory also has implications for the collapse of the old view that parts of the inheritance cannot be changed at all. Syahrur's findings, on the contrary, are that the parts change and are dynamic. Syahrur often uses these two approaches in finding solutions to matters of inheritance and will. Apart from that, another unique thing about Syahrur's thinking is that he reconstructed Islamic inheritance law by getting out of the literal texts of Islamic teachings to find contextual inheritance law.
Child Adoption Without a Judicial Process in Sawentar Village, Blitar Regency (Perspective of Positive Law and Islamic Law) Amanu, Damar; Azizah, Aisyatul; Laili, Afrohatul; Tertibi, Yaoma
Journal of Transcendental Law Vol. 6 No. 1 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i1.5412

Abstract

In Islam, adopting children has been known since the time of the Prophet Muhammad. Literally, tabbani means a family couple who tries to get a foster child from another family, then treats it as if it were their biological child. The reality of informants in Sawentar, Blitar, child adoption is based on the agreement of biological parents with adoptive parents, then the adopted child is manipulated as if he were the biological child of the adoptive parents, without going through the court process, Research qualitative approach type of observational research, field-research, determination of empirical approaches, subjected to 3 primary sources. Descriptive qualitative means using qualitative data, then described descriptively. Problems are solved by non-doctrinal empirical normative studies, sourced from primary and secondary data. The purpose of the research is to describe the process of adoption without trial, under HI / Islamic Law and or HP / Positive Law. Documentation, data collection by interviewing, observing reinforced the technique of analyzing documents in the design of descriptive qualitative methods, starting with reducing, presenting, ending with drawing conclusions, where the researcher holds the primary key. The conclusion was found that child adoption in Sawentar Village, the subject of the study carried out the adoption without going through the procedures as established by the government. This means that in positive law there is a violation of the law. The subject considers the judicial procedure to be a lot of time consuming, feels the complexity, does not meet the requirements of adoption, and the lack of understanding regarding child adoption according to the law. Implications, reviewing positive law, judicial child adoption is not fulfilled, if the socialization of adoption in the community is not intensified. Adoption is more about the agreement of both parties without a court process. Then, there is a lack of legal protection for adopted children, confidentiality in both, if not open, nasab (family ties based on blood relations, both up, down, and sideways) and the pleasure of the mother, father or biological person will be lost.
Proses Penetapan Wali Nikah oleh Penghulu terhadap Anak Perempuan yang Dilahirkan Akibat Kehamilan di Luar Perkawinan Laili, Afrohatul; Nu'man, Moh.; Slamet; Nisa, Irma Naza ‘Aina; Fitria, Lailatul
Comprehensive Journal of Islamic Studies Vol. 2 No. 2 Mei (2025): Comprehensive Journal of Islamic Studies (STAIZA)
Publisher : Tim Jurnal STAI KH. Zainuddin Ponpes Mojosari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63829/js.v2i2mei.42

Abstract

This research examines the process of determining the marriage guardian by the marriage registrar for daughters born from out-of-wedlock pregnancies. Marriage in Islam is a sacred covenant that is clearly regulated, with the guardian being one of the essential pillars that determines the validity of the marriage contract. However, cases of out-of-wedlock pregnancies also referred to as "pregnant marriages" in the Compilation of Islamic Law (KHI) present complex challenges in determining the appropriate marriage guardian for daughters born under such circumstances. Article 99 of the KHI defines a legitimate child as one born within or as a result of a legal marriage. This study employs a library research method (literature review), gathering data from various sources such as books, academic journals, and legal documents to explore relevant theories. The role of the is crucial in determining the guardian for children born from out-of-wedlock pregnancies, taking into account Islamic law, the KHI, and applicable regulations. Penghulus often encounter sensitive situations in which they must compare the date of the parents' marriage with the child's birth date to establish the child's legal lineage. Although different KUA offices may adopt varying approaches ranging from appointing a court-assigned guardian to recognizing the biological father as the lineage guardian based on their interpretation of the KHI all penghulus share a common mission: to uphold maqashid as-syari’ah (the objectives of Islamic law) and to protect the rights and lineage of the child. This careful process in determining the guardian also aims to safeguard the psychological well-being of the prospective bride.
Pandangan Nurcholish Madjid Tentang Politik Hukum Islam (Kritik Fiqhisme dalam Konteks Orientalisme Modern) Laili, Afrohatul; Ulum, Wildanul; Komarudin, Moh; Azzahra, Erdi Auliya
SINDA: Comprehensive Journal of Islamic Social Studies Vol 5 No 2 (2025): Volume 5 Nomor 2 Agustus 2025
Publisher : Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/sinda.v5i2.2516

Abstract

Nurcholis Majid views Islamic law through various criticisms, one of which is criticizing the study of fiqh (fiqhism) in the context of modern orientalism. This research uses the library research method with a descriptive qualitative approach. Madjid rejects fiqhism as a codification of outdated laws from the early Hijri era which was used by Western orientalism to view Islam in a rigid legalistic way, and proposes secularization as a process of making worldly things proportional to rational politics. The results of his thinking show that reforming Islamic law into a universal ethic that is compatible with Pancasila and Indonesian democracy, against post-colonial orientalistic distortions. Madjid emphasized the relevance of secularization for current contextual ijtihad.