Ulumuddin Journal of Islamic Legal Studies

Inter-religious Marriage: Perspective of Maqashid al-Syari’ah and Human Rights

Fazat Azizah — Tue, 12 Apr 2022 00:00:00 +0700

This research would like to explain phenomenon of interreligious marriage in Indonesia, which is examined by perspective of Maqashid al-Syari’ah and Human Rights. This research aims to understand wheter there are intersections between perspective of Maqashid and Human Rights regarding the specific case of interreligious marriage in this country. This qualitative legal-normative research would like to playing and elaborating some roles of ethical values of Maqashid (Jasser Auda’s interpretation of Maqashid) and International Covenan on Civil and Political Rights (ICCPR) in order to evaluate the object of study such positive rules of marriage in Indonesia. This research finds that: Firstly, interreligious marriage is not allowed explicitly in legal consideration, because the rule is based and rooted on religious norms amongst society; Secondly, in legal-administrative rule, state gives an opportunity to interreligious marriage in term that it refers to judicial decission of the court; Thirdly, in philosophical argumentation which is elaborated from perspective of Maqashid and ICCPR, it can be concluded that marriage as well as interreligious marriage must consider esential things of freedom and free will of human being.

Status and Position of Guardian of The Child Due to Rape in Islamic Law and Positive Law

Relung Garnisa — Tue, 12 Apr 2022 00:00:00 +0700

This study was aimed to describe the child's guardian problems caused by rape. in addition, it also reveals a form of inheritance received by the child due to rape in Islamic law and positive law. This study were uses type of literature research that all efforts of compiler to get and gather all information relevant to the issue under study derived from books and other references in depth about the position and status of the guardian and beneficiary children born due to rape. Data collection was done by using library research and documentation. While analysis of data were using data analysis model of descriptive analysis. The results showed that the guardianship and inheritance of child caused by rape in Islamic law that has been agreed upon by jumhur ulama is lineage of child to follow her mother and her mother's family, and there is no guardianship of the biological father. Whereas guardianship and inheritance in the positive law reveals that a child born out of rape can be a legitimate child if there is recognition of both parents.

Analysis of the View of the Ulama Tarjih Muhammadiyah East Java on the Constitutional Court Decision No. 46/PUU-VIII/2010 Regarding the Status of Children Out of Wedlock

Ana Ahsanul Huda — Tue, 12 Apr 2022 00:00:00 +0700

This study aims to find out how the views and reasons of the Tarjih Muhammadiyah ulema in East Java in responding to the Constitutional Court Decision No.46/PUU-VIII/2010 regarding the status of children out of wedlock. And how the substance contained in the decision of the Constitutional Court no. 46/PUU-VIII/2010 regarding the status of children out of wedlock?. This study concludes that the Ulama Tarjih Muhammadiyah East Java, namely Muammal Hamidy, Saiful Anam, and Saad Ibrahim agreed with the decision of the Constitutional Court No. 46/PUU-VIII/2010 concerning the Status of Children Out of wedlock that children out of wedlock not only have a civil relationship with their mother and their mother's family, but also have a civil relationship with a man as their father which can be proven based on science and technology and/or tools. other evidence according to the law have blood relations.

Marriage Dispensation Provision in the Pregnant Situation Based on Maqashid Al-Shariah Perspective (Case Study of Malang Religious Court)

Dessy Rahmayanti — Tue, 12 Apr 2022 00:00:00 +0700

In a marriage dispensation rules in Act No. 1 of 1974 on the marriage did not mention what can be used as the basis for an important reason, such as an urgent need for the sake of the family, then the dispensation can be given. Due to the failure to mention an important reason, then easily just everyone getting dispensation such that every law also serves to protect human benefit by grasping the principles which not only protects human benefit individually, but also human welfare in the family, community, people and nature as well as the concept of Maqasid al Syariah. Researchers will explore the consideration of the judge regarding the granting of marriage dispensation. Therefore, the researchers used field research with qualitative approach by means of direct interview to the informants and the literature of several books. From the research, it is known that judges of Malang Religious Court that the considerations underlying the granting of marriage dispensation in the state of pregnancy is an element of urgency and welfare. Then, when viewed from the concept of Maqasid al-shariah that granting the dispensation of marriage has put the four points of the Maqasid al-shariah. Namely, ḥifẓ nasl, ḥifẓ nafs, ḥifẓ aql, ḥifẓ maal. While ḥifẓ din adultery should receive legal punishment as a lesson to the perpetrators and others.

Comparative of Muhammad Syahrur’s Limitation Theory and Hazairin’s Bilateral Theory in The Distribution of Health in Boys and Girls

Adi Munadzir — Tue, 12 Apr 2022 00:00:00 +0700

The share of inheritance toward sons and daughters according to Syahrur’s view (Theory of Limit) allows mujtahid (scholar) to make ijtihad (creations) within the inheritance of boys and daughters among hudud (God's law). Son and daughter in Hazairin's perspectives (Theory of Bilateral ) are equally strong in family relationship so both are enable to earn equal share of inheritance. Both scholar Syahrur and Hazairin generally have the same point of view in formulating the boys and daughters share of inheritance in attempting the integration of text (Qur'an) and social sciences approach in order to gain point of justice within distribution of inheritance.