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All Journal Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Syarah: Jurnal Hukum Islam dan Ekonomi
Firdaus, Zulkifli
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Religion Humanities Economics, Econometrics & Finance Education Nursing Public Health Social Sciences

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Putusan Kumulasi Cerai Gugat Dan Itsbat Nikah Perspektif Istihsan Bi al-Mashlahah (Studi Putusan Nomor 452/Pdt.G/2022/PA.Bkt) Firdaus, Zulkifli
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.150

Abstract

The Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law in Indonesia have regulated the implementation of marriage. These provisions regulate legal marriage according to sharia, and must also be recorded by the Marriage Registration Officer of the local Religious Affairs Office. The existence of underhand / siri marriages in Islamic societies in Indonesia sometimes causes legal problems when there is a divorce in the Religious Court due to the absence of a marriage certificate. This study aims to analyze the istihsan bi al-mashlahah method which is one of the considerations of the Bukittinggi Religious Court Judge in Decision Number 452/Pdt.G/2022/PA.Bkt. The verdict granted a cumulative itsbat nikah divorce suit, but the marriage did not meet the statutory provisions and the Compilation of Islamic Law in Indonesia. The method in this research is a normative legal study with a case approach. Primary data is sourced from the Bukittinggi Religious Court Decision Number 452/Pdt.G/2022/PA.Bkt. The conclusion of this research is that the istihsan bi al-mashlahah method used by the judge in order to provide a solution by granting itsbat nikah solely for the divorce process of the plaintiff and the defendant, because of the benefit aspects that will be achieved, namely maintaining the soul (hifz al-nafs) and maintaining offspring (hifz al-nasl).
Menyewakan Kembali Objek Sewaan dalam Kajian Filsafat Hukum Islam Firdaus, Zulkifli; Busyro, Busyro
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 12 No. 1 (2023): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v12i1.1515

Abstract

One of the requirements of the leased object is that the object is perfectly owned by someone. In some cases, a person who rents a certain object sometimes rents it back to others even though he is not the owner, only as a beneficial owner. This paper aims to examine the acquisition of property obtained as a result of renting out the leased object from the perspective of hifz al-mal which is part of the discussion of maqashid al-syariah (philosophy of Islamic law). This research uses the library research method by collecting existing data from various related literature, then it is described and analyzed objectively with the maqashid al-syariah theory in the field of hifz al-mal. The results showed that re-renting a rented object without the permission of the object owner is a prohibition of Islamic law in obtaining property at the al-hajiyah level which makes it haram to do so, as well as the property obtained from these activities. Therefore, this action must be stopped to realize the benefit of the acquisition of property.
Co-Authors Busyro, Busyro