Rohim, Mif
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BATALNYA PERKAWINAN KARENA MURTAD DI TINJAU DARI HUKUM ISLAM Chamim, M; Rohim, Mif
Irtifaq Vol 6 No 01 (2019): Irtifaq Vol.6 No.01 Tahun 2019
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i01.428

Abstract

This article aims to examine the views of Islamic scholars related to thecancellation of marriage (fasakh) because of apostasy and the legal consequencescaused. Cancelation of Marriage (fasakh) happens later, there is a reason thatprevents the perpetuation of marriage or is a consequence of knowing somethingthat accompanies the contract, which makes the contract invalid. At the sametime, the cancellation of the marriage itself has the legal consequence of it. One ofthe consequences is related to the legal consequences of the child and the jointproperty of the marriage, one of which is apostasy. The legal consequences thatoccur due to the conversion of religion (apostasy) to one Muslim couple have twomajor effects on the child and on the common property. While the status of thechild the author concludes that the child who is one of his parents is an apostate,the child is rested on his mother. As for assets, they acquired prior to apostasy and it can be divided equally between two sides, but if the assets obtained afterapostasy, then there is no right for anyone to share. Keywords: Islamic law, cancellation of marriage, apostasy
TRADISI LARANGAN PERKAWINAN KEBO MBALIK KANDANG PERSPEKTIF ‘URF (Studi Kasus Desa Sidorejo Kecamatan Ponggok Kabupaten Blitar) Afif, Abdullah; Rohim, Mif; Zulfa, Nadiya
Irtifaq Vol 7 No 1 (2020): Jurnal Ilmu-ilmu Syari'ah
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v7i1.775

Abstract

Abstract: This article discusses the tradition of the prohibition of marriage in Kebo Mbalik Kandang in Sidorejo, Ponggok District, Blitar Regency in the Perspective ‘Urf. By using a qualitative descriptive approach in the form of case studies, researchers collect data by observation, interview, and documentation techniques and analyze the results with data reduction procedures, data presentation, and drawing conclusions. The results of the study showed that the first backbiting marriage was a marriage that was conducted if someone was born in an area, so that person could not be married to someone from that area as well. Second, the implementation of the tradition of backbirth of the cage in the village of Sidorejo, for some people still holding and applying the tradition within the scope of the family, citing anxiety about the impact caused. And there are some people who already do not trust the tradition of back cage because of the development of an increasingly modern era, and the mindset of a society that continues to grow with the information that is widely circulating on social media. ‘Urf is the habit of the majority of people, both in words and deeds. In terms of assessing the good and bad or f urf of the traditional tradition of Kebo Mbalik Kandang marriage in Sidorejo village, Ponggok District, Blitar Regency is divided into two, namely urf shahih dan ‘urf fasid. Keywords: Prohibition of Marriage, Tradition Kebo Mbalik Kandang, Perspective of ‘Urf