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All Journal USRAH: Jurnal Hukum Keluarga Islam Yurisprudentia: Jurnal Hukum Ekonomi
Mala, Revita
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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JUAL BELI ANTARA SUAMI ISTRI MENURUT HUKUM ISLAM DAN KUH PERDATA PASAL 1467 Mala, Revita; Harahap, Zul Anwar Azim
Yurisprudentia: Jurnal Hukum Ekonomi Vol 11, No 1 (2025): Edisi Januari–Juni
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v11i1.15831

Abstract

Buying and selling between husband and wife is one of the developments of transactions that occur in society in the form of an agreement in which the husband makes a buying and selling transaction to his wife either as a seller or as a buyer. The problems discussed in this study are about the legal status and similarities and differences in buying and selling between husband and wife according to Islamic law and the Civil Code article 1467. Research on this writing was conducted using the normative juridical method through the library research method. The results of this study can be concluded that, in Islamic Law, buying and selling between husband and wife is permissible, this is in accordance with the rules of fiqh specifically in the field of muamalah, it is stated that, the original law in all forms of muamalah is permissible unless there is evidence that prohibits it. While in the Civil Code, buying and selling between husband and wife is expressly prohibited and is only permitted for those who have an agreement on the separation of wealth. The difference between buying and selling between husband and wife in Islamic law and the Civil Code is that buying and selling between husband and wife in Islamic law is not expressly regulated, while in the Civil Code it is expressly regulated as contained in article 1467. The similarity is that in Islamic law and the Civil Code both regulate the existence of an agreement on the separation of marital property. Thus the fundamental difference in the approach of Islamic law and positive Indonesian law, as well as the need for a proper understanding of the legal position of each in the context of an agreement between husband and wife.
PENETAPAN ASAL USUL ANAK HASIL POLIGAMI DI BAWAH TANGAN PERSPEKTIF MAQASID SYARIAH (Studi Terhadap Penetapan Pengadilan Agama Sibuhuan Nomor: 81/Pdt.G/2020/PA.Sbh) Mala, Revita; Harahap, Ikhwanuddin; Halomoan Hsb, Putra
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1989

Abstract

Determination of the origin of children plays a very significant role in family law, especially from the perspective of Islamic law which emphasizes the importance of protecting children's rights. The main focus of this study is the Determination of the Sibuhuan Religious Court with Number: 81/Pdt.G/2020/PA.Sbh which is analyzed through the maqasid sharia approach according to Jasser Auda's thinking. This study uses a library research method with a normative approach. The results of the study show that the judge's considerations in the decision cover three main aspects. From a legal perspective, the judge adheres to the applicable legal provisions. From a philosophical perspective, the importance of maintaining harmony in the family structure of Indonesian society is considered. Meanwhile, sociologically, this decision also takes into account the norms that live in society, the need for legal certainty, and efforts to reduce social stigma against children. Analysis based on Jasser Auda's maqasid sharia version shows that the decision reflects the application of six interconnected maqasid elements. First, the application of the al-idrakiyah principle (cognitive), which shows legal awareness of children's rights. Second, al-kulliyyah (comprehensiveness), which is a comprehensive consideration of all aspects of a child's life. Third, al-infitahiyyah (openness), which is the courage to adapt the law to the social context. Fourth, al-harakiyyah (dynamic hierarchical structure), which is seeing the relationship between legal principles. Fifth, ta'addud al-ab'ad (multidisciplinary dimension), which is the integration between law, social, culture, and religion. Finally, the principle of al-maqasidiyyah (goal orientation), which is ensuring that the decisions taken are truly directed towards the welfare of the child as a whole.
Co-Authors Halomoan HSB, Putra Harahap, Zul Anwar Azim Ikhwanuddin Harahap