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Implementation of Ijab Qabul with One Breath Perspectives of the Imams of the Mazhab and Sheikh Muhammad Arsyad Al-Banjari in Kitab An-Nikah Fauziah Nuraini, Dewi; Nor Laily, Ana; Hifzi, Muhammad
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.22

Abstract

This study explains how the real truth of ijab  qabul in the midst of the controversy of the many claims for the execution of the ijab with a single breath which happened at Rizky Febian and Mahalini’s marriage contract. This research is a qualitative research method with descriptive analysis by describing the data obtained through words rather than in the form of numbers. Using library research as a source of data that the author then uses to determine the relevant legal provisions and the actual principles of the reality that occurs so that it can present legal answers to the problem digged. The results of the study showed that when analysed with the opinion according to the Sheikh Muhammad Arsyad Al-Banjari in the Book of An-Nikah, as well as the opinions of the priests of Mazhab, there is no provision explicitly regulating and also absolute on the claim to façade the ijab qabul in a breath and there are no provisions prohibiting it. Thus, it can be said that the execution of ijab qabul with one breath and must be connected with the law is jaiz, that is, can be done and can be left as long as it does not violate the existing provisions and this is also not an absolute condition in the implementation of ijab qabul, so affecting to touch the validity of an obstacle.
Legal Protection In Indonesia Against Badal Hajj Fraud Fauziah Nuraini, Dewi; Maulida, Nor; Fauzi, Nazela
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.23

Abstract

This study aims to find out more deeply about badal haji in order to avoid badal haji fraud and legal steps that can be taken when fraud has occurred in the implementation of badal haji. Using normative legal research methods. Data collection is done by literature study which is researched by conducting a review of legislation and literature on the subject under study. Prudence is one of the things that needs to be prioritized, in order to be careful in determining something, in this case related to badal haji, so as not to be deceived by unscrupulous people who seek profit in narrowness. By knowing the conditions, pillars and obligations of Hajj as well as the law and mechanism of badal haji, is also one way to avoid fraud. As for the case of fraud that has befallen a person who in this case is a participant in badal haji, whether there is a default or an act against the law and so on, legal protection in Indonesia can be a solution because then a person can know what steps to take in this case, such as; reporting to the police or by filing a civil lawsuit.
Implementation of Ijab Qabul with One Breath Perspectives of the Imams of the Mazhab and Sheikh Muhammad Arsyad Al-Banjari in Kitab An-Nikah (Case Study of Ijab Qabul in the Marriage Contract Procession Rizky Febian and Mahalini) Fauziah Nuraini, Dewi; Nor Laily, Ana; Hifzi, Muhammad
MAQOLAT: Journal of Islamic Studies Vol. 3 No. 1 (2025): Transformative Islamic Thought Based on the Qur'an
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/maqolat.v3i1.87

Abstract

This study explains how the real truth of ijab  qabul in the midst of the controversy of the many claims for the execution of the ijab with a single breath which happened at Rizky Febian and Mahalini’s marriage contract. This research is a qualitative research method with descriptive analysis by describing the data obtained through words rather than in the form of numbers. Using library research as a source of data that the author then uses to determine the relevant legal provisions and the actual principles of the reality that occurs so that it can present legal answers to the problem digged. The results of the study showed that when analysed with the opinion according to the Sheikh Muhammad Arsyad Al-Banjari in the Book of An-Nikah, as well as the opinions of the priests of Mazhab, there is no provision explicitly regulating and also absolute on the claim to façade the ijab qabul in a breath and there are no provisions prohibiting it. Thus, it can be said that the execution of ijab qabul with one breath and must be connected with the law is jaiz, that is, can be done and can be left as long as it does not violate the existing provisions and this is also not an absolute condition in the implementation of ijab qabul, so affecting to touch the validity of an obstacle.