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Journal : YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam

Putusnya Perkawinan karena Kematian sebelum Terjadinya al-Dukhūl; Masa ‘Iddah dan Kaitannya dengan Kaedah Taqdīm al-Naŝála al-Qiyās Marsal, Arif
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 8, No 2 (2017): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (512.391 KB) | DOI: 10.21043/yudisia.v8i2.3236

Abstract

Qiyas which issahih is hujjah that has been accepted in the stipulation of law. The position of Qiyas in fuqaha’s understanding is as the source of law after Quran , Hadits and Ijma’. Nonetheless sometimes in practice,some of the fuqaha’ do not search and steep in detail dalil before they actually go inside the qiyas’s method in istidlal.The issue of the divorcebecause of the quietus before the occurance of jima’(qabla al-dukhul) is becoming part the writer’s object to be analized wether the effect is the same and it can be qiyas with the divorce (life divorce), which both of them occured before the jima’ (al-dukhul). The writer’s found that the Qiyas can not be prevailed in this issue because it is found that there’s a specialite dalil from nash. Which elucidates each of the law and it specifies that nash come first compare to the notion/opinion and lid for the ijtihad and qiyas toward the issue of the nash that has been described.
INFERTILITAS SEBAGAI ALASAN KHULU’ PERSPEKTIF ULAMA Marsal, Arif
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 9, No 1 (2018): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.426 KB) | DOI: 10.21043/yudisia.v9i1.3677

Abstract

In the Islamic Compilation Law in Indonesia that poured out in theconstitution of the Republic of Indonesia number 1 year 1974, thedefinition and the aim of the marriage is stated in one article,which is in chapter 1 sets that the marriage is the bond of the innerbirth between man and woman as a husband and wife, with the aimas to establish a household, a happy and everlasting family basedon the belief of one and only God (KHI, Article 1 Chapter 1).However, the aim of the marriage is not easily to reach in. Thereare many issues come in that caused on an unsuccessful marriage.Furthermore, one of the issues that impact on the failure of themarriage is a husband’s infertility. Moreover, the present of thechild is one of the most noteworthy things in the marriage.Although, having a child is not a compulsory need, it has a bigimpact on the harmony of the household. That point has an impacton the assertion of the wife to lodge a khulu. That matterindubitable enticing to review from the Islamic law perspective.