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Arifin Abdullah
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Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20889712     EISSN : 25805363     DOI : http://dx.doi.org/10.22373/dusturiah
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol. 13 No. 2 (2023)" : 4 Documents clear
DYNAMIC OF COMMUNITY: TERMS TA'ARUF BEFORE MARRIAGE PERSPECTIVE PROPHET'S HISTORY Firdaus Chandra, Agus; Siam, Khusus; Nuryanti, Evi; Akmar, Khurratul
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.18039

Abstract

This research is based on the fact that there are many prospective husband and wife pairs who do not carry out the ta'aruf process in accordance with religious law. Many of them violated several rules of the ta'aruf process itself. In addition, there are still many people who do not know and understand the meaning of ta'aruf and how the process is carried out during ta'aruf. Due to this lack of understanding, not a few parents and young people violate these rules, one of which is the interaction between men and women without a murobbi or intermediary from each potential partner. So that many young people who want to get a potential partner today are taking the wrong path, namely by dating. They mix up the term ta'aruf with dating on the grounds that they can get to know each other's personalities. It is very vulnerable to immoral acts. The purpose of this study is to find out more about how the ta'aruf process is and how the concept of ta'aruf is in the Prophet's Hadith. This research is a library research, namely by collecting, reading and reviewing various materials from several sources related to the problems studied. The source on which this research is based is from the Hadith of the Prophet, wherein the Hadith refers to the procedures that must be carried out in the process of ta'aruf. This article discusses the study of family law in Islam, more specifically regarding ta'aruf according to the perspective of the hadith of the Prophet Muhammad SAW. Family law is the law that regulates relations arising from family relationships. In the discussion it is stated that ta'aruf is one of the processes recommended by the Prophet before establishing a family relationship (marriage). Ta'aruf itself means to know more closely, in the sense that it is not just a name but also related to the vision and mission of the marriage of the prospective partner. This is the goal so that the family relationship that is lived can become a family that is sakinah, mawadah, warahmah.
VIEWS OF USUL FIQIH AND ISLAMIC FAMILY LAW ON CONCERNED MARRIAGE CASES IN PADANG CITY Hisab, Firdaus; Mursal, Mursal; Desminar, Desminar; Halim, Syaflin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20373

Abstract

This research aims to explore the perspectives on consanguineous marriage in the context of Islamic jurisprudence (usul fiqh) and Islamic family law. Research adopts a comparative and descriptive approach, gathering primary data through in-depth interviews with experts in Islamic jurisprudence and Islamic family law. The findings reveal that consanguineous marriage is firmly grounded in Islamic law, with its theological basis found in the Quran and Hadith, which unequivocally prohibit it. However, variations exist in the interpretation and emphasis between usul fiqh and Islamic family law perspectives. Social and cultural factors influence the occurrence of consanguineous marriages, with differing community understandings in Kota Padang being a key factor in disparate viewpoints. Despite these distinctions, there are commonalities, such as the prohibition of consanguineous marriage, the reliance on the Quran and Hadith as legal foundations, and the acknowledgment of negative consequences by both perspectives. Lastly, the legal principles underpinning these views in both fields center on concepts such as maslahah (public interest), maqasid syariah (objectives of Islamic law), and ta'addud al-asbab (consideration of circumstances), all aimed at safeguarding the welfare of humanity. While emphasis may differ, these principles serve as guiding frameworks for understanding the phenomenon of consanguineous marriage in Kota Padang
YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) Nurhisam, Luqman; Abdullah, Arifin; Fauzan, Faisal; Nurdianti, Nurdianti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20466

Abstract

Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions
PROTECTION RELIGIOUS RIGHTS FOR CHILDREN BASED ON ISLAMIC LAW AND LEGISLATION IN INDONESIA Nyak Umar, Mukhsin; Bakry, Nurdin; Alfitra, Iwan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20573

Abstract

This research discusses the importance of the application of religious rights protection for children based on the perspective of Islamic Law and legislation in Indonesia. Religious rights are human rights that must be guaranteed and protected, especially for children as a vulnerable group. This study examines the norms of Islamic Law that emphasize the need to protect children's religious rights from an early age. The study also analyzes the relevance between Islamic teachings and national legal provisions related to the protection of children's religious rights. This understanding is directed at efforts to prevent potential violations of religious rights that may occur in the context of everyday life. In addition, this study evaluates the effectiveness of existing legal and regulatory mechanisms in Indonesia in providing guarantees and protection of children's religious rights.The research method used includes analysis of legal literature, normative studies, The results of this study are expected to contribute to an in-depth understanding of the implementation of religious rights protection for children in the context of Islamic law and legislation in Indonesia. The implications of the findings of this research can provide a basis for the development of more effective policies in ensuring children's religious rights in the future.

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