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Syaiful Aziz
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Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgensi Penerapan Lembaga Dwangsom (Uang Paksa) Pada Perkara Hadhânah di Pengadilan Agama dalam Perspektif Maqâshid al-Syarî’ah Arne Huzaimah; Syaiful Aziz
al-'adalah Vol 15, No 1 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.976 KB) | DOI: 10.24042/adalah.v15i1.3383

Abstract

This article discusses the implemention of the forced money (dwangsom institution) in the hadhânah case in the Religious Courts from the perspective of maqâshid al-shariah. This study found that the application of dwangsom sentences for hadhânah cases is very important to be applied, especially to the defendant who objects to carrying out court decisions; or default to the agreement; or there will be difficulties at the time of execution; or the plaintiff suffers a loss. In addition, implementing dwangsom in the hadhânah case will pave the way for the benefit of children who are still in the process of growth even though their parents divorce. Therefore, even if not asked by the plaintiff, the judge himself can decide the dwangsom sentence to the defendant to ensure the fulfillment of the needs of the children.
Pandangan Tokoh Organisasi Keislaman Terhadap Fatwa MUI Tentang Shalat Berjamaan Masa Pandemi Covid-19 Nurul Hijrah; Syaiful Aziz
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.17336

Abstract

MUI Fatwa No 14 of 2020 states that pilgrims must wear masks covering their mouths and noses in order to avoid air contact between one congregation and another congregation. This has elicited a different reaction from the people of South Sumatra, especially Palembang, because the procedures for congregational prayers that have been carried out by Muslims so far refer to the Shari'a that has been established by Islam, namely in accordance with the procedures taught by the Prophet Muhammad. This research is a type of empirical normative research. The type of research method used by the author is the combination of the two elements, namely examining through a product analysis approach that tends to be perspective. The type of data used in this research is qualitative, while the data source uses two sources, namely primary data sources and secondary data sources. The results of the study concluded that the South Sumatran Indonesian Islamic Da'wah Council expressed an opinion that maintaining distance in congregational prayers is haram because it has exceeded the limit, unless it is in accordance with the Shari'a. The South Sumatra Indonesian Islamic Propagation Council and the Muhamadiyah Regional Leaders implemented MUI Fatwa No. 14 of 2020 concerning Organizing Worship during the Covid-19 Outbreak.
Co-Authors Arne Huzaimah, Arne Nurul Hijrah