Syuhada' Syuhada'
Institut Agama Islam Bani Fattah, Jombang

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Analisis tentang Konsekwensi Yuridis Harta Bersama terhadap Kewajiban Suami Memberi Nafkah dalam KHI Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 1 No. 1 (2013): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.635 KB) | DOI: 10.52431/tafaqquh.v1i1.4

Abstract

Compilation of Islamic Law (KHI) has determined that the obligation imposed on husbands make a living, which is contained in Article 80 paragraph (4). In addition to these provisions, also set provisions regarding joint property. According to article 1 letter f KHI that community property is property acquired either individually or together with the spouses during the marriage takes place, regardless registered to anyone. Consequences arising from the joint property of the deeds of the law of property should be agreed with both parties and the division ofproperty is done in a balanced way. If the provisions regarding joint property associated with the obligation of the husband to provide for the legal issues can come up when the wife did claim that a given property during the marriage as a living interpreted as joint property.Then the rule also shows unfair to the husband because in addition he is obligated to provide for he is also bound by the provisions of that division of property jointly conducted fairly. Three juridical consequences joint property of the husband to provide for an obligation that is optional. First, husband and wife shared responsibility in the family economy. Second, the separation of conjugal property in marriage. Third, compromise joint property and liability rules provide for her h usband.
Waris dan Wasiat dalam Pertentangan Ayat Al-Qur'an Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 1 No. 2 (2013): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (378.498 KB) | DOI: 10.52431/tafaqquh.v1i2.12

Abstract

Human entrusted property as ruler of the world. So entrusted to death, the property back into the hands of the Lord automatically. Because God does not accept the property, then given to families designated by the rules of revelation. Setting the rules of media ownership property with inheritance and probate. In the verses of inheritance and will appear in which contradict each other to remove the provision. While it is believed that there are verses in the Qur’an which have been removed so that it does not work, including the verses of inheritance and wills. By placing verse as wills and testaments muh?kamah verse as a compromise with the h?adîth mukhas?s?is not make erase status and erased in the verses of the Koran. Elimination naskh supported by state law to decrease gradually in terms of the condition of society. With inheritance and probate law as set out in the passage suggests that nas?s? inheritance and probate law are interrelated and complementary.
Bagian Waris Ibu Dalam Gharâiwayn; Analisis Ijtihad Umar dan Ibn Abbas dalam Bagian Waris Ibu Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 2 No. 1 (2014): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (485.117 KB) | DOI: 10.52431/tafaqquh.v2i1.21

Abstract

The hint Al-Qur’an on inheritance was so raw and tawqîfiyat though still very limited, and a global cues. Appointment to the rules in the global situation of open space to perform ijtihâd. In the case of the mother’s time with the father and one of the spouses has never happened at the time of the Prophet 'Umar Ibn Khat?t?âb as the caliph should be a decision to give an answer to the solution. By calculation, according to Ibn 'Abbâs in the case gharâiwayn which gives the mother a third of all the treasures, also not out of the possible, that at least one and at most two for each of the mothers and fathers as men and women when it is understood that the scale of the two appeal of the scale maximum and minimum. Display Al-Qur’an that filial to parents with different circumstances is a must give way to the possibility of applying the result of two principal parts. Part of the principal can be attributed to the remaining one-third or one-third of all real estate omission with regard to conditions suitable for the elderly.
Penunjukan Bagian Sepertiga untuk Ayah; Analisis Pasal 177 Kompilasi Hukum Islam Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 2 No. 2 (2014): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.344 KB) | DOI: 10.52431/tafaqquh.v2i2.30

Abstract

The nature of the text al-Kitâb and al-Sunnah of the provisions of inheritance is very limited and globally thus allowing the door of ijtihâd. Widespread limited and global conditions of the Al-Qur’an can be tolerated as long as does not violate the basic provisions of the Al-Qur’an itself. Results ijtihâd against inheritance verses of the Al-Qur’an in Indonesia partly contained in the compilation of Islamic law which was appointed by the Minister of Religion and the Presidential Instruction as a guide for religious court and Indonesia’s Islamic society in resolving the dispute case in the field of marriage law, inheritance and waqf. Article 177 of Book II of the Inheritance Law KHI those who called for the third part of the father although impressed hold because parts of it are not referred to by the verses of the Koran, but it does not make any mention of a new law which is different from the law of the Al-Qur’an. Based on the adage that an object must be an owner, the transfer of property to heirs who are still living with the media khalafiyah in the case of clause 177 remain to be resolved by the law of the Al-Qur’an.
Bagian Ayah Seperenam dan Seluruh Harta Warisan; Analisis dari Nas?s? Al-Qur’an Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 3 No. 2 (2015): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (870.209 KB) | DOI: 10.52431/tafaqquh.v3i2.48

Abstract

The nature of the text al-Kitâb and al-Sunnah of the provisions of inheritance is very limited and globally thus allowing the door of ijtihâd. Limited and global conditions said can be tolerated as long as does not violate the basic provisions of the Al-Qur’an itself. Results ijtihâd against inheritance verses of the Al-Qur’an in Indonesia partly contained in the compilation of Islamic law which was appointed by the Minister of Religion and the Presidential Instruction as a guide for religious court and Indonesia’s Islamic society in resolving the dispute case in the field of marriage law, inheritance and waqf. Article 177 of Book II of the Inheritance Law KHI those who called for the third part of the father although impressed hold because parts of it are not referred to by the verses of the Koran, but it does not make any mention of a new law which is different from the law of the Al-Qur’an. Based on the adage that an object must be an owner, the transfer of property to heirs who are still living with the media khalafiyah (forwarding ownership) in the case of Article 177 remain to be resolved by the law of the Al-Qur’an.
Bagian Bapak Sepertiga dalam KHI Pasal 177 Merupakan Konsekwensi dari Bagian Ibu Thuluth al-Bâq; Analisis Ijtihad ‘Umar Bin Khat?t?âb Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 4 No. 2 (2016): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.454 KB) | DOI: 10.52431/tafaqquh.v4i2.91

Abstract

Instructions Qur’an about inheritance was so standard and tawqîfiyat. But there is still very limited and in the form of global instructions. The designation rules in global situation give open space to make ijtihâd. In the case of the mother part being with father and one of husband or wife has never happened in the past Apostles led to ‘Umar bin Khat?t?âb as caliph must make ijtihâd to give answers to completion. With this decision the mother part can be solved by maintaining the scale of two proportionate one for men and women by directing the understanding that the third part of mother on the condition it is third the rest of the treasure, not a third of the entire inheritance. However, when position of the father is not there, while his grandfather still exist and replace father in inheritance mother still get a piece a third of the inheritance because his grandfather is not equal to mother in inheritance. Part mother third of remainder having taken part husband in the case of above is to give the rule of law and consequences on the part of father become third though referred to inherit the remainder.
Penerapan Pembagian Bagian Suami dan Isteri Pasal 179 dan 180 Kompilasi Hukum Islam (KHI) Syuhada' Syuhada'
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 6 No. 2 (2018): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (864.253 KB) | DOI: 10.52431/tafaqquh.v6i2.140

Abstract

The Qur’an describes the heirs only three verses that govern in detail, detail, and clear. Article 179 KHI husband gets half the part on the condition that the corpse does not leave the child or grandchildren and gets a quarter of the portion on the condition that the corpse leaves the child or grandchild. The widow or widow (wives) in section 180 KHI gets a fourth part on the condition that the corpse leaves no children or grandchildren and gets an eighth part on the condition that the corpse leaves the child or grandchild. Partial, quarter, and eighth part of section 179 and section 180 KHI are from inheritance or inheritance. Surely the property is not a property that is still a treasure of gono gini or mutual property. So if the property is still belonging together then it should be divided into two parts if each husband is working together, the husband works outside the house while the wife works in the house or divided three two parts for the husband and one part for the wife or vice versa.