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Bagus Jamroji
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Law, Crime, Criminology & Criminal Justice

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KEWAJIBAN ORANG TUA TERHADAP NAFKAH ANAK PASCA-BALIGH: TELAAH FIQH DAN RELEVANSINYA DI ERA MODERN Bagus Jamroji
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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This study examines parental obligations to provide financial support for children post-puberty from the perspective of Islamic jurisprudence (fiqh) and its relevance in the modern era. Using a descriptive-analytical approach based on literature review, the study analyzes Quranic verses, prophetic traditions, and interpretations from various Islamic schools of thought. The findings indicate that financial obligations do not automatically cease when a child reaches puberty, particularly if they are not yet financially independent. For example, the Shafi'i school considers the obligation valid until the child becomes mature and self-reliant, while the Hanafi school generally limits it to the age of puberty. In the modern context, socio-economic challenges such as extended education and delayed financial independence make post-puberty financial support highly relevant. The maqashid syariah framework, which emphasizes child welfare, strongly supports the flexibility of this obligation. Key challenges include low compliance levels, particularly among divorced parents, necessitating stronger policies and public awareness efforts. The study concludes that integrating legal, moral, and educational approaches can effectively support post-puberty financial obligations while fostering harmonious and empowered Muslim families in the modern era.
PENGELOLAAN HUTANG DALAM KONDISI PAILIT: KAJIAN FIQH ISLAM TERHADAP HAK DAN KEWAJIBAN PENGUSAHA Bagus Jamroji
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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This study examines debt management in bankruptcy conditions based on Islamic jurisprudence (fiqh), focusing on the rights and obligations of entrepreneurs. In Islam, debt is not only a financial obligation but also a moral responsibility that must be fulfilled fairly and humanely. Principles such as justice, transparency, and compassion form the foundation for resolving debts. The findings show that Islam provides flexibility in bankruptcy situations, including debt restructuring or partial forgiveness for debtors unable to meet their obligations. Islamic financial instruments like zakat and qardhul hasan, as well as fintech solutions, offer innovative approaches to debt management in modern contexts. This study emphasizes the importance of applying maqashid syariah in debt management to protect creditors' rights while considering the debtor’s condition. It provides practical insights for entrepreneurs, creditors, and financial institutions to establish a more just and sustainable economic system aligned with Islamic principles.
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