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Journal : Istinbath : Jurnal Hukum

Hukum Mendidik Istri Dan Anak Perspektif Hadis Nabi Dalam Kutub Al-Tis'ah nurhadi nurhadi
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.1433

Abstract

This article aims to examine further the concept of education according to Islamic teachings, both within and outside the family. This study was carried out because it remembers that, in the provisions of Islamic Law, especially Islamic law which is sourced from the hadith of the Prophet Muhammad SAW which is at the pole of al-Tis'ah, education in the family is the duty and responsibility of the head of the family. From the analysis of 69 hadiths, there are two main traditions discussed regarding the law of educating wives and children for heads of families. According to the hadith of the Prophet Muhammad in the Pole Al-Tis'ah, (narrated by Tirmizi No. 2577 and Muslim No. 2137, it can be concluded that educating wives and children is fardhu ain or compulsory for the head of the family as a form of responsibility for providing spiritual sustenance (knowledge religion) to family members (the wife and childrens).
Istinbath Hukum Alauddin Al-Kasani Al-Hanafi Tentang Saksi Fasiq Dalam Pernikahan Nurhadi Nurhadi
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.2119

Abstract

The implementation of marriage between one of the conditions of marriage is the existence of two witnesses, but to appoint a witness, it cannot be done carelessly such as appointing an evil witness. According to majority scholars, it is illegal to marry under an evil witness because that person is not a just person. Imam 'AlaUddin is of the opinion that it is legal to marry under an unfavorable witness for the following reasons: first, the Law of Ashal; Marriage will not take place if there are no witnesses, but in this case the nature of justice is not necessary but the aim is only to inform the public. Second, the Law of Intellect (ra'yun); Whereas if a poor person comes from the local population / area then he / she legally becomes a witness of marriage. Third, marriages occur in various places, both in villages and in remote areas, if only to find out firsthand whether a witness is fair or not, it will be burdensome and troublesome. Therefore, it is enough to look at the witness's general assessment, without having to know the details whether he or she has ever committed a major sin or not. Imam 'Alauddin took legal sources from the Koran, Hadith, and Istihsan. Based on this method, the ijtihad used by the imam 'Alauddin is a istihsan.