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All Journal Legal Protection for the Partnership Agreement Parties
Kholil Syu'aib
Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Dea Salma Sallom; Kholil Syu'aib
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.869 KB) | DOI: 10.30631/alrisalah.v22i1.1073

Abstract

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.
The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni Azni; Muhammad Akhyar Rifqi; Saifunnajar Saifunnajar; Kholil Syu'aib; Najibah Bt Mohd. Zin
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

Abstract

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective.  The research employed qualitative research method, namely library legal research.  The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.
Co-Authors Azni Azni Dea Salma Sallom Muhammad Akhyar Rifqi Najibah Bt Mohd. Zin Saifunnajar Saifunnajar