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Journal Smart Law
Published by Peduli Riset dan Pengabdian Masyarakat
ISSN : -     EISSN : 29630991     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Smart Law Journal (JSL) Is a journal for types of scientific publications in the field of sharia science and Islamic law. The field of sharia in question is more about the development of sharia muamalah between Muslims which is related to the development of the use of sharia law and etiquette in Indonesia. The submitted manuscript is the result of original research, literature study, and related legal issues being studied/experienced. This journal is published twice a year (March and September).
Arjuna Subject : Umum - Umum
Articles 12 Documents
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Search results for , issue "Vol. 2 No. 1 (2023): September" : 12 Documents clear
Nikah Misyar Perspektif Yusuf Qardhawi Dan Dosen Prodi Ahwal Syakhshiyah STAI Jam’iyah Mahmudiyah Tanjung Pura Deny Ramadhany
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Marriage is one of the Islamic laws to protect oneself from adultery, and aims to build a family that is sakinah, mawaddah, warohmah. However, as time goes by, more and more women are choosing careers until they are past the ideal age for marriage, whereas as a normal woman she still has lust and needs to channel it, so the misyar marriage emerged. Misyar marriage is a marriage where the woman is willing to give up some of her rights and not live at home with her husband. There are several opinions of scholars regarding misyar marriage. There are scholars who forbid it, such as Sheikh Muhammad Nashirudin Albani, Ali Qurah Daqi, Wahbah Zuhaili and Abdul Sattar Jubali, and there are those who make it halal, one of whom is Yusuf Qardhawi. Because of this debate, the author felt interested in conducting research on misyar marriage from the perspective of Yusuf Qardhawi and Lecturers in the Ahwalus Syakhsiyah Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura because as teaching staff in the field of Islamic law, of course they really understand Islamic law. The results of the research explain that Yusuf Qaradawi is of the opinion that misyar marriage is permissible because the conditions and pillars have been fulfilled, and a woman is allowed to give tanazul (relief) from some of her rights and at the same time honor and guard against slipping into the act of adultery. Lecturer at the Ahwal Syakhshiyah Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura is of the opinion that misyar marriages are haram because they are not in accordance with Islamic law and the laws in force in Indonesia. In a misyar marriage, the husband does not give rights that the wife must accept, while in Islam the rights and obligations between husband and wife are regulated in such a way and must be carried out. The opinion chosen is the opinion of the Ahwal Syakhshiyah Study Program Lecturer at STAI Jam'iyah Mahmudiyah Tanjung Pura who forbids misyar marriage seeing that the dangers are greater than the benefits. Also remember that marriage is not just about fulfilling biological desires. There is a lot that must be done to become a family that is sakinah, mawaddah, wa rahmah as the goal of marriage.
Hukum Istibdal Harta Benda Wakaf Menurut Ulama Syafi’iyyah Dan Ulama Hanafiyyah (Studi Kasus Istibdal Harta Benda Wakaf Masjid Menjadi Rumah Potong Hewan Qurban Di Desa Teluk Bakung) Shafiatul Muna
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The aim of the research is to understand the Istibdal law for waqf property from mosques to become sacrificial slaughterhouses in Teluk Bakung Village according to the opinion of Syafi'iyah and Hanafiyah. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The research results show that Imam Al-Nawawi (Shafi'iyyah School) prohibits the sale or replacement of waqf assets, namely Istibdal. He is of the opinion that waqf assets should be allowed to be used until they are completely used up. Imam Al-Sarkhasi (Hanafiyyah School) allows the Istibdal of waqf assets to spend the waqf by borrowing. This policy focuses on the maslahah aspects that accompany this practice. According to Hanafiah, istibdal can be done by anyone, whether the waqif himself, other people or judges. This permission is without choosing the type of property donated, whether it is land that is inhabited (managed), unoccupied (not managed), movable (manqul), immovable (iqar). There are differences of opinion between the two Imams above. In the opinion of Imam Al-Sarkhasi, istibdal of waqf assets is permissible if maslahah occurs and is permissible conditionally. Imam AlNawawi's opinion also does not justify istibdal because he understands the text of the hadith that waqf property cannot be bought and sold, inherited and exchanged. Istibdal waqf mosque property becomes a slaughterhouse among followers of the Shafi'iyyah school of thought is not permitted

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