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Marriage of Transgender Men and Women from the Perspective of Fiqh Munakahat
Alfi Nur Hidayati;
Dita Natasha Irviana;
Isnaini Wardatun Nafi’ah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1307
Marriage in Islam is an agreement that binds two people, namely a man and a woman, both parties have fulfilled the prerequisites according to applicable regulations based on willingness and preference to live together in a family, to receive peace and happiness both physically and spiritually. Islam has regulated legal and lawful biological relationships through marriage, but deviations can still occur, whether in the form of adultery, homosexuals, lesbians, bisexuals, and transgenders. In the midst of an increasingly diverse society, the question will inevitably arise about transgender marriage laws in Islam. This the paper uses a qualitative descriptive approach with the library research method. With this research, it aims to find out the marriage law of transgender surgery actors from the perspective of Islamic law. The results of the study show that someone who performs transgender surgery is included in actions that are prohibited or unlawful according to Islam. Meanwhile, when a person performs transgender surgery because they have abnormalities in their genitals, it is permissible to carry out the operation. So when a transgender operation actor wants to carry out a marriage, he uses his status before becoming transgender. For example, his initial status is male, he must marry a woman if he wants his marriage to be valid in the eyes of law and religion.
Maintaining Family Harmony in Islamic Law According to Madhhab of Imam Shafi’i
Wardah Mujtaba;
Kasuwi Saiban;
Soheila Rostami
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1406
This research explores and discusses the importance of maintaining family harmony in Islamic family law according to the Madhhab of Imam Syafi'i. This article, explained that maintaining family harmony is started from the attachment between husband and wife in the marriage context. Both parties must respect, appreciate, and support each other and understanding self rights and obligations. Furthermore, this article also explained the importance of good communication between family members. Each family member have to own the ability of listening and sparing time to talk to each other, then problems arises can be resolved properly. In addition, good parenting from parents to their children is also very important in maintaining family harmony. This article also emphasized the importance of avoiding actions of damaging family harmony such as infidelity, harsh words, and household violence. This could endanger family harmony and potentially caused a rift in husband and wife relationship also between parents and children. This article also emphasized the importance of maintaining the unity and entity in family, thus each family member could feel the ownership of being part of a family that supports and holds each other in life. In conclusion, this article affirmed that harmony in the family is very important in Islamic family law according to the Madhhab of Imam Shafi'i. In maintaining family harmony, each family member need to support each other and maintain the integrity of the family as a whole unit. Therefore, promoting family harmony should always be a major concern for every Muslim family.
The Intervention of Islamic Law on Minangkabau Tradition Regarding Children Adoption
Helmi Yusnita;
Endri Yenti;
Safrin Salam;
Kayode Muhammed Ibrahim
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1409
The process of child adoption is not done widely based on The Traditional Law of Minangkabau because most of the adopted children are still their relative. The legal status of adopted child in the foster family can be obtained through the court where the status is the same with biological child or foster child, while the legal status of adopted child in the adopted relative can be gained through the tribe recognition or determination of Minangkabau Tradition namely as “kamanakan di bawah lutuik” (the closest nephew/niece). The purpose of this paper was to find out how was Islamic law intervention towards the law of Minangkabau tradition especially in child adoption. This research employed Field Research with the main data came from primary data obtained from informants in the field and the secondary data obtained from the materials related to the research. The data collection was carried out through interview, reading, and grouping in accordance with the theme being discussed, then were analyzed by using descriptive theory, inductive theory, and presented them in the form of paper. The results of this research state that in Islam and Minangkabau tradition basically forbid someone to adopt other people’s child by cutting the family ties with the child’s parents, then move it to the foster parents because it can cause chaos in the inheritance system either according to the traditional law or according to Islamic Law.
The Influence of Family Function Implementation on Teenagers’ Society in Jambi Province
Nofi Nurman;
Betri Wendra;
Afrin Khan
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1435
Family functions consist of physical maintenance, socialization and education, acquisition of new family members through procreation or adoption. Control of social and sexual behavior, maintenance of family morals and maturation of family members through forming sexual partners and releasing adult family members. ¬ However, current conditions describe conditions that indicate that the role of the family in building and nurturing family members is increasingly weak. This study aims to determine whether there is a significant influence between the implementation of eight family functions on the social status of adolescents in Jambi province. This research is a quantitative study using SKAP 2018 secondary data (families and youth) so it is expected that the results of this study can be representative of the population studied. the level of vulnerability of adolescent association in Jambi Province shows the number 53.33. This means that most of the teenagers in Jambi Province are dating. Overall, the implementation of eight (8) family functions has no significant effect on the social status of adolescents.
Zakat Distribution for Women the Prostitution Victim as the Concept of Riqab
Aidi Alfin;
Revoranda Sudarman;
Muhammad Zhilal Haq;
Mashair Idris
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1461
There are eight groups of zakat recipients and one of them is the riqab which is interpreted as a slave. The textual meaning of the riqab is no longer relevant today considering that slavery no longer exists. So that is the reason that the asnaf riqab is indirectly removed. This needs to be considered again so that the distribution of zakat can be evenly distributed to the eight asnaf. The current interpretation of the meaning of the riqab can be interpreted as human trafficking which is related to this, namely victims of sexual exploitation or prostitution. So the question is how to interpret the riqab for women who are victims of prostitution. This research is qualitative research in the form of a library research with data collection techniques, collecting and reading literature related to this research. The results of the research show that in this context the riqab is interpreted as a person who is shackled by social and religious beliefs, so that this problem includes women who are victims of prostitution. As the distribution of zakat for asnaf riqab does not give him the right to tamlik zakat assets, but rather to redeem the money for his automatic release to his master. Likewise, it is applied to the meaning of the riqab of prostitution victims, that zakat funds are used for rehabilitation with the aim of providing guidance so that the mustahik can get out of their shackled status.
Marriage of Transgender Men and Women from the Perspective of Fiqh Munakahat
Hidayati, Alfi Nur;
Irviana, Dita Natasha;
Nafi’ah, Isnaini Wardatun
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
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DOI: 10.30631/nf.v14i2.1307
Marriage in Islam is an agreement that binds two people, namely a man and a woman, both parties have fulfilled the prerequisites according to applicable regulations based on willingness and preference to live together in a family, to receive peace and happiness both physically and spiritually. Islam has regulated legal and lawful biological relationships through marriage, but deviations can still occur, whether in the form of adultery, homosexuals, lesbians, bisexuals, and transgenders. In the midst of an increasingly diverse society, the question will inevitably arise about transgender marriage laws in Islam. This the paper uses a qualitative descriptive approach with the library research method. With this research, it aims to find out the marriage law of transgender surgery actors from the perspective of Islamic law. The results of the study show that someone who performs transgender surgery is included in actions that are prohibited or unlawful according to Islam. Meanwhile, when a person performs transgender surgery because they have abnormalities in their genitals, it is permissible to carry out the operation. So when a transgender operation actor wants to carry out a marriage, he uses his status before becoming transgender. For example, his initial status is male, he must marry a woman if he wants his marriage to be valid in the eyes of law and religion.
Maintaining Family Harmony in Islamic Law According to Madhhab of Imam Shafi’i
Mujtaba, Wardah;
Saiban, Kasuwi;
Rostami , Soheila
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
Show Abstract
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DOI: 10.30631/nf.v14i2.1406
ÂThis research explores and discusses the importance of maintaining family harmony in Islamic family law according to the Madhhab of Imam Syafi'i. This article, explained that maintaining family harmony is started from the attachment between husband and wife in the marriage context. Both parties must respect, appreciate, and support each other and understanding self rights and obligations. Furthermore, this article also explained the importance of good communication between family members. Each family member have to own the ability of listening and sparing time to talk to each other, then problems arises can be resolved properly. In addition, good parenting from parents to their children is also very important in maintaining family harmony. This article also emphasized the importance of avoiding actions of damaging family harmony such as infidelity, harsh words, and household violence. This could endanger family harmony and potentially caused a rift in husband and wife relationship also between parents and children. This article also emphasized the importance of maintaining the unity and entity in family, thus each family member could feel the ownership of being part of a family that supports and holds each other in life. In conclusion, this article affirmed that harmony in the family is very important in Islamic family law according to the Madhhab of Imam Shafi'i. In maintaining family harmony, each family member need to support each other and maintain the integrity of the family as a whole unit. Therefore, promoting family harmony should always be a major concern for every Muslim family.
The Intervention of Islamic Law on Minangkabau Tradition Regarding Children Adoption
Yusnita, Helmi;
Yenti, Endri;
Salam, Safrin;
Ibrahim, Kayode Muhammed
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
Show Abstract
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Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.30631/nf.v14i2.1409
The process of child adoption is not done widely based on The Traditional Law of Minangkabau because most of the adopted children are still their relative. The legal status of adopted child in the foster family can be obtained through the court where the status is the same with biological child or foster child, while the legal status of adopted child in the adopted relative can be gained through the tribe recognition or determination of Minangkabau Tradition namely as “kamanakan di bawah lutuik†(the closest nephew/niece). The purpose of this paper was to find out how was Islamic law intervention towards the law of Minangkabau tradition especially in child adoption. This research employed Field Research with the main data came from primary data obtained from informants in the field and the secondary data obtained from the materials related to the research. The data collection was carried out through interview, reading, and grouping in accordance with the theme being discussed, then were analyzed by using descriptive theory, inductive theory, and presented them in the form of paper. The results of this research state that in Islam and Minangkabau tradition basically forbid someone to adopt other people’s child by cutting the family ties with the child’s parents, then move it to the foster parents because it can cause chaos in the inheritance system either according to the traditional law or according to Islamic Law.
The Influence of Family Function Implementation on Teenagers’ Society in Jambi Province
Nurman, Nofi;
Wendra, Betri;
Khan, Afrin
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
Show Abstract
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Check in Google Scholar
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DOI: 10.30631/nf.v14i2.1435
Family functions consist of physical maintenance, socialization and education, acquisition of new family members through procreation or adoption. Control of social and sexual behavior, maintenance of family morals and maturation of family members through forming sexual partners and releasing adult family members. ¬ However, current conditions describe conditions that indicate that the role of the family in building and nurturing family members is increasingly weak. This study aims to determine whether there is a significant influence between the implementation of eight family functions on the social status of adolescents in Jambi province. This research is a quantitative study using SKAP 2018 secondary data (families and youth) so it is expected that the results of this study can be representative of the population studied. the level of vulnerability of adolescent association in Jambi Province shows the number 53.33. This means that most of the teenagers in Jambi Province are dating. Overall, the implementation of eight (8) family functions has no significant effect on the social status of adolescents.
Zakat Distribution for Women the Prostitution Victim as the Concept of Riqab
Alfin, Aidi;
Sudarman, Revoranda;
Zhilal Haq, Muhammad;
Idris, Mashair
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia
Show Abstract
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DOI: 10.30631/nf.v14i2.1461
There are eight groups of zakat recipients and one of them is the riqab which is interpreted as a slave. The textual meaning of the riqab is no longer relevant today considering that slavery no longer exists. So that is the reason that the asnaf riqab is indirectly removed. This needs to be considered again so that the distribution of zakat can be evenly distributed to the eight asnaf. The current interpretation of the meaning of the riqab can be interpreted as human trafficking which is related to this, namely victims of sexual exploitation or prostitution. So the question is how to interpret the riqab for women who are victims of prostitution. This research is qualitative research in the form of a library research with data collection techniques, collecting and reading literature related to this research. The results of the research show that in this context the riqab is interpreted as a person who is shackled by social and religious beliefs, so that this problem includes women who are victims of prostitution. As the distribution of zakat for asnaf riqab does not give him the right to tamlik zakat assets, but rather to redeem the money for his automatic release to his master. Likewise, it is applied to the meaning of the riqab of prostitution victims, that zakat funds are used for rehabilitation with the aim of providing guidance so that the mustahik can get out of their shackled status.