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All Journal Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah Tahqiqa: Jurnal Pemikiran Hukum Islam
Asnawi
Sekolah Tinggi Ilmu Syariah (STIS) Ummul Ayman Pidie Jaya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Fiqh Syafi‘iyyah Terhadap Legalitas Mahar Dari Uang Haram Asnawi
Al-Mizan Vol 8 No 1 (2021): Al-Mizan
Publisher : Fakultas Syariah dan Ekonomi Islam

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Abstract

The dowry that must be given by a husband to his wife is the property he has or something of value, while the assets resulting from illicit business whose ownership is not clear, the legality of the dowry given is also unclear. Based on the above background, the author wishes to examine more deeply about the provisions of the dowry in marriage according to the view of al-Shafi'iyyah fiqh and the consequences if the husband pays the dowry with illicit assets. The goal to be achieved is to find out the provisions of the dowry in marriage according to the perspective of al-Shafi'iyyah fiqh and the law of paying the dowry of illicit assets and their consequences. This research was conducted in a qualitative research type with a descriptive approach. Based on the results of the study, it can be concluded that the position of the dowry in marriage according to al-Shafi'iyyah fiqh, is a reward for the benefits of a wife, which can be used as a dowry are goods that are legally traded, namely, holy, owned, and valuable, the mention of dowry in Marriage according to al-Shafi'iyyah fiqh perspective is circumcised, so marriage is valid even if the dowry is not mentioned in the contract, because something circumcised cannot affect the validity of a contract, because circumcision mentions the dowry in the contract for perfection. The law of paying dowry with illicit assets according to al-Shafi'iyyah fiqh is invalid, the consequences caused by paying dowry with illicit assets are that the husband is required to pay the dowry of the mitsil, if the illicit property that is used as the dowry has been determined in the contract by mentioning its characteristics or with isyarah, while if the dowry is not specified in the contract, but only mentions the type, then it must be replaced with lawful assets. The damage to the dowry mentioned in the contract cannot affect the continuity of the contract, because the dowry according to al-Shafi'iyyah fiqh is not part of the pillars of marriage.
KEWENANGAN ISTRI DALAM PENGGUNAAN HARTA SUAMI MENURUT FIQH AL-SYAFI’IYAH Asnawi
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study is very interesting because it explains the position of the husband's property and how the provisions for the use of the wife against the husband's property according to Fiqh Al-Syafi'iyyah. This research is a library research with a descriptive qualitative research type through a normative approach, using a documentation data collection technique, while the data analysis uses a transferability technique. The results of his research that the position of the husband's assets obtained during marriage can be categorized as joint assets between husband and wife which are included in the concept of syirkah abdān or syirkah muwafadlah. According to Fiqh Al-Syafi'iyyah, the use of a wife against her husband's property is not permissible without the permission of the husband. However, if the husband gives permission or the wife knows that the husband allows his wife to take only what is rightfully hers, then the wife may take and use it. This is because the husband's personal property is wholly owned by the husband, even though some of the property belongs to the wife. Unlike the case with husband and wife syirkah assets, where they can use it as much as their respective rights in the property.
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