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All Journal Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman
Moch Nurcholis
cholis
Religion Arts Humanities Economics, Econometrics & Finance Education Social Sciences

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Keabsahan Wakaf Intellectual Property Right dalam Undang-Undang Perwakafan di Indonesia Menurut Hukum Islam Moch Nurcholis
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 6 No. 1 (2018): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (450.565 KB) | DOI: 10.52431/tafaqquh.v6i1.134

Abstract

The discourse about waqf property in Islamic Law is closely related to the formulation of the concept of property. The discourse revolves around the question of whether the definition of the waqf object refers to its material side in the sense of ‘ainul al-waqf, or does it refer to the substance side in terms of benefits and results. Can immaterial objects such as Intellectual Property Right can be used as endowments. This research is a type of qualitative research. Judging from the data collection type library research. The approach used is juridical-normative. In data analysis, the author uses content analyst methods, descriptive using a deductive mindset. The results of the study concluded that the waqf in the form of Intellectual Property Right as contained in the Indonesian Representative Law in Indonesia is valid according to Islamic Law, because it has been in accordance with the view of one of the schools of fiqh, namely the mâlikîy school, which permits waqf in the form of benefits. This conformity is produced through the method of ilh{âq al-masâ?il bi nad{âirihâ (equating a problem with a comparable one). The point of conformity between the two is equally including objects that are immaterial
KONSEPSI MAHRAM SEBAB PERZINAAN DALAM HUKUM ISLAM: Kajian Aplikasi Qiyas Dalam Persoalan Larangan Perkawinan Anak Hasil Zina Dengan Ayah Biologisnya Moch Nurcholis
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 7 No. 2 (2019): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (616.179 KB) | DOI: 10.52431/tafaqquh.v7i2.216

Abstract

Jurisprudence books divide the concept of marriage into two groups, First, the group that is permissible for marriage. Second, the group that is not allowed or forbidden to be married (mah}ram). The concept is based on the presence or absence of blood relations between the bride and groom. So in the fiqh study mah}ram is divided into three in general namely mah}ram bi nasab, mah}ram bi mus}aharah and mah} ram bi roudlo`. However, there is a relationship where the scholars disagree, namely whether a male adulterer has an affair with a daughter resulting from adultery ?. This is interesting to study considering that both fiqh books and laws in Indonesia have stated that children born outside a legal marriage (both adultery and siri) only have a nasab relationship (mah}ram) with the mother and family of the mother . To answer the problem of whether a male adulterer has a relationship with a daughter of adultery and may or may not get married, the writer will examine the criteria of mah}ram contained in the books of fiqh. After obtaining data about the forms of security, it is then analyzed using the legal excavation method in the form of qiyas. In the qiyas methodology there are stages to finding `illat law. The technique of determining `illat can be done by using two common methods, namely using the theorem naqli and` aqli. So that the 'illat law emerges 'illat similarity between cells of genetic material contained in sperm and milk so as to make both of them a major influence on the mental and physical health of a child born or breastfed that is inherited from the genetic cells of his parents. From these findings, it can be concluded that the marriage between biological father and daughter resulting from adultery is prohibited.
USIA NIKAH PERSPEKTIF MAQASHID PERKAWINAN: TELAAH SYARAT USIA MINIMUM PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR:22/PUU-XV/2017 Moch Nurcholis
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 1 (2020): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.617 KB) | DOI: 10.52431/tafaqquh.v8i1.232

Abstract

This research departs on academic anxiety related to the rationale of determining marriage age requirements in the statute, which is not regulated in classical fiqh. The main issues to be examined are concerning: (1) Determination of marriage age requirements according to Islamic law (2) Equalization of male and female marriage ages according to Islamic law (3) Correlation of equal marriage age with marriage maqashid. The results of the study concluded that; (1) Determination of the age requirement of marriage, however it is not discussed in classical fiqh, but has an academic foundation in accordance with Islamic law; (2) Equalization of male and female marriage age is in accordance with the principle of equality (al-musawah) in Islamic law; (3) Equalization of marriage age has a positive correlation in realizing maqashid marriage.
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