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Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Published by Universitas Nahdlatul Ulama Al Ghazali Cilacap
ISSN : 25413368     EISSN : 25413376     DOI : https://doi.org/10.52802/wst.v7i2
Core Subject : Education,
Education Other
Jurnal Al-Wasith: Jurnal Studi Hukum Islam dengan nomor terdaftar ISSN 2541-3376 (online), ISSN 2541-3368 (cetak) adalah jurnal yang berisi artikel tentang hukum islam yang dilakukan oleh dosen, peneliti dan yang berhubungan dengan pelaksanaan Tridarma Perguruan Tinggi. Jurnal Al-Wasith: Jurnal Studi Hukum Islam adalah jurnal studi hukum islam yang diterbitkan olehFakultas Syariah, Institut Agama Islam Imam Gozali Cilacap. Secara kelembagaan, Berdasarkan Keputusan Menterian Agama Republik Indonesia 657 Tahun 2020, mulai 6 Oktober 2020 yang semula Jurnal Al-Wasith: Jurnal Studi Hukum Islam dikelola oleh Fakultas Syariah Institut Agama Islam Imam Ghozali (IAIIG) karena perubahan bentuk menjadi Universitas Nahdlatul Ulama Al Ghazali (UNUGHA) Cilacap, sehingga Fakultas Syariah berubah menjadi Fakultas Keagamaan Islam berikut dengan Program Studi yang berada di Fakultas Tarbiah dan Dakwah di Perguruan Tinggi IAIIG.
Arjuna Subject : Umum - Umum
Articles 6 Documents
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Search results for , issue "Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam" : 6 Documents clear
AKSESIBILITAS JURU BAHASA ISYARAT (JBI) DALAM PRAKTIK IJAB QOBUL BAGI PENYANDANG DISABILITAS RUNGU PERSPEKTIF HUKUM ISLAM Ahmad Nur Fadloli; Idarotul Nginayah
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.713

Abstract

Ijab qobul is one of the pillars of marriage. The pronunciation must be done in one assembly, either directly or with a separation that does not cause the contract to be broken. The pronunciation of the ijab must use pronunciations that indicate the meaning of marriage and must be understood by the groom before expressing his consent to marriage. Judging from Islamic law, the translation of the pronunciation of the consent as previously explained is permissible and the marriage contract remains valid. Even if the translation is considered a "fashil" or separation of the marriage agreement, the separation is only a brief separation and does not result in the termination of the marriage contract. This research is library research. The data sources obtained include primary data and secondary data. Primary data sources come from the Al-Qur'an, Al-Qur'an tafsir books, hadith books, and fiqh books. Meanwhile, secondary data sources are taken from books, scientific journals, scientific articles and other sources related to the author's research object. It can be concluded that the accessibility of a sign language interpreter in the practice of ijab qobul between a bride with a hearing disability and her marriage guardian, reviewed according to Islamic law, is permissible and the marriage contract remains valid.
BATASAN HUBUNGAN BAGI LELAKI DAN WANITA PASCA KHIṬBAH PERSPEKTIF MADZHAB SYAFI’I Kanzun Bairuha
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.718

Abstract

The sermon is the first step in a marriage which has the aim and purpose of ensuring that each party knows the partner who will be their life partner. Couples who are still in the khitbah period still have the status of other people and must protect their relationship with their partner from things that are not permitted by Islamic law. The two of them cannot have a relationship like husband and wife because they are not married. This research was conducted using a type of library research, namely research that uses libraries as a research source. In the book Fathul Wahhab it is explained that men can look at women or vice versa when they both want to get married with restrictions other than looking at their private parts when praying. Both of them can see each other repeatedly and within the period until the marriage contract without any definite limits. In the books Fathul Mu'in and Fathul Qorib it is also explained this way. The two of them are also allowed to chat and chat with each other as long as this does not cause slander, so the woman must have a mahram when she wants to meet. What is prohibited is seclusion, or being alone without a woman's mahram because this allows slander to occur. Apart from that, both of them are also not allowed to touch or touch any part of the body, even though they can see parts such as the face or palms of the hands.
MAKNA MUTTASHIL DALAM IJAB DAN KABUL PERNIKAHAN PERSPEKTIF MAZHAB SYAFI’I Irkham Taefuri; Misbah Khusurur
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.719

Abstract

In marriage there are several pillars and conditions, where if one of the pillars or conditions is not fulfilled, it could make the marriage invalid according to Islamic religious law. There are four pillars of marriage, namely: bride and groom (male and female), guardian (of the bride), two witnesses, sighat (consent and acceptance). In the Ijab and Kabul contract, there are conditions that must be fulfilled in order for the marriage contract to be valid according to Sharia, namely the continuity of the Ijab and Kabul. The meaning of continuity is that there is no separation between consent and acceptance. This type of research is Library Research (Library Research). Based on the data sources that I have collected and studied, I have come up with the meaning of muttashil in the ijab and kabul perspective of the Shafi'i school which refers to the books of Al-Umm, Syarhu al-Shagir, Syarhu al-Shaghir, Buku al-Majmu' . In the book al-Majmu' by Imam Nawawi, it is explained that if the consent and acceptance are interrupted by many words and long silences, if it can indicate the groom's turning away from the consent, the marriage contract will certainly not be valid, because it is not muttashil (continued ).
IHDAD WANITA KARIR PERSPEKTIF HUKUM ISLAM Singgih Mualim; Masruri Masruri
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.720

Abstract

The discussion in this research reveals everything related to women in their activities outside the household, where women also have religious regulations that require and limit them in their activities when their husband dies, namely during the period of mourning or ihdad during the 'iddah period, namely 4 months and 10 days. This research explains the views of Islamic law, especially the Shafi'i school of thought, in responding to career women during bereavement. This research uses a library research method. Based on the research results, it was found that for a career woman, even though religious rules do not allow her to leave the house for 4 months and 10 days, for urgent reasons, namely regarding the needs of herself and her family, she is worried that the situation will disturb her faith, so leaving the house for activities is permissible by paying attention to religious rules.
PEMBUNUHAN SEBAGAI PENGHALANG HAK WARIS PERSPEKTIF MADZHAB MALIKI Ahmad Arif Noeris; Istikharoh Istikharoh
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.721

Abstract

This research aims to 1). find out how the Maliki Madzhab views murder as an obstacle to inheritance rights; 2). Understand the method of extracting arguments according to the Maliki Madzhab in the case of murder which does not become an obstacle to inheritance rights. The research method used is a type of library research with the object of research being the legal view of killing in relation to inheritance rights, according to the views of the Maliki Madzhab, digging from library sources, in the form of books, scriptures, encyclopedic journals, papers. -Then from these sources we collected the opinions of the Islamic School of Jurisprudence after that we selected the opinions in the Maliki School of thought regarding murder as a barrier to inheritance. The results of the research are that according to the Maliki school of thought, there is only one type of murder that prohibits a person from obtaining an inheritance, namely the type of murder that is carried out intentionally (al-qatl al-'amd) which is based on hostility, whether carried out directly or indirectly. Meanwhile, other types of murder still receive inheritance even though there is a re-division in terms of whether they can accept diyat or not.
STRATEGI MASYARAKAT KOMPLEK LOKALISASI DANARASA SLARANG DALAM MEMBENTUK KELUARGA SAKINAH Samsul Hidayat; Moh. Iljam
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.752

Abstract

This research aims to find out the strategies used by the community of the Danarasa Slarang localization complex in forming a sakinah family. This type of research is field research (field research). The research approach used is a qualitative approach. The variable in this research is the dependent variable, namely the strategy of the Danarasa Slarang localization complex community in forming a sakinah family. The research subjects in this study were 3 families drawn from the community of the Danarasa localization complex, Slarang village, Kesugihan District, Cilacap Regency. The data collection methods used were documentation, interviews and observation. Data analysis procedures are carried out using data reduction methods, data presentation, and data evaluation or conclusion. Based on the results of the analysis, it was concluded that the strategy carried out by the people of the Danarasa Slarang localization complex was aimed at one goal, namely to form a sakinah family. The author concludes that they have understood the sakinah family and are able to form a sakinah family.

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