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Analisa Pasal 185 Kompilasi Hukum Islam Tentang Ahli Waris Pengganti Haeratun -
Jatiswara Vol 31 No 2 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In the development of Islamic inheritance law. There is amatter concerning substitute heirs having the purpose of searching for justice for the theirs. Basically, the substitute heirs become heirs because the parents having the inheritance rights have passed away before the inheritors. The concept of substitute heirs under section 185 Compilation of Islamic Law that applies to all descendants of the heir who died first of the heirs and the heirs of the successor does not exceed an equal heir with being replaced. Beside that also, because the position of substitute heirs are not described in the Holy Koran it directly, but the content maslahah line with the objectives of Islamic Law that is to realize a sense of justice for the heirs. Because, the position of substitute heirsis not something contrary to maqashid al-Shari’ah, the benefit rational because the result of an ijtihad and considerations of justice upon the inheritance for heirs.
Wakaf Uang Beserta Manfaatnya di Tinjau Menurut Perspektif Hukum Islam dan Hukum Perbankan Syariah Haeratun -
Jatiswara Vol 27 No 2 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In the modern economic today, money play the important role in determining the community economic activities of a state. Beside function as exchange tool and value standard, money is a main capital for the economic that need not money in funding its development. Based on this expression is got a description on the importance of wakaf in the Muslim communities the role of money in the economic today. However, large potential of zakat is not maximize by the wakaf management. Whereas it has good potential to increase social welfare of Muslim communities, mainly the currency waiaf. Since it strategic for the economic Muslim societies, the currency wakaf should be developed. Fortunately, the legality of the currency wakaf remain debatable in faqih sircle, particularly related to the eternity of the wakaf object. This view basically is not regardless from the logical consequence of zakat as the “sadaqah jariah” with its word flow continually till hereafter.
Analisa Pasal 53 KHI Tentang Pelaksanaan Kawin Hamil Diluar Nikah Ditinjau Dari Hukum Islam Haeratun -
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Mafsadat opportunities contained in article 53 of KHI because of the obscurity limits allowed because pregnancy made her pregnant mate in article 53 KHI. The impact is not uncommon to Article 53 KHI made pregnant as a result of adultery legality mating. This is clearly not in accordance with Islamic law strictly prohibits the practice of adultery. To analyze these problems, in this study the two proposed formulation of the problem which is how the view of Islamic law to the formulation of Article 53 of the KHI and the factors that encourage pregnant mating society, to eliminate aspects mafsadat in article 53 of KHI, in the context of al-dzari saddu 'at, the necessary editorial changes such as the addition of boundary conditions cause pregnancy and accompanying sanctions. The formulation of Article 53 KHI as pregnant kwin solution can be realized by adding the editorial-related restrictions that can cause pregnant mating carried out in the absence of sanctions and sanctions for pregnant mating caused adultery form of social repentance.
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