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All Journal Analisis: Jurnal Studi Keislaman Al-Istinbath: Jurnal Hukum Islam
Lendrawati Lendrawati
Institut Agama Islam Negeri Curup
Religion Education Law, Crime, Criminology & Criminal Justice

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The Concept of Baligh Perspective of Fiqh and Positive Law Ibnu Amin; Lendrawati Lendrawati; Faisal Efendi; Hertasmaldi Hertasmaldi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1044.843 KB) | DOI: 10.29240/jhi.v7i2.5268

Abstract

This paper aims to elaborate the concept of baliqh from the perspective of fiqh and Positive Law in Indonesia as the fuqaha's opinion about baligh and adult in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, Law No. 24 of 2013 concerning Population Administration and Law No. 35 of 2014 concerning Child Protection. The research method used is a literature study by tracking, comparing and analyzing doctrinal normative law through a qualitative approach in content analysis about baligh and adulthood. The results of the research revealed that baligh in fiqh with the rusyd benchmark when referring to the signs of puberty, namely ihtilam (wet dreams for men), menstruation (for women), hair growth around the pubic and age ranges from 15 to 19 years. Whereas, in the Indonesian Positive Law, adults are classified based on interests, namely adults for marriage age limit of 19 years for men and women, adults to have population administration (KTP), driver's license and have political rights at the age of 17 years. To determine the limit of children, notary position and citizenship age 18 years while income tax, free from guardianship and recognized as labor at the age of 21 years. The determination of the limits of puberty and adulthood is included in the category of mashlahah 'ammah, namely the general benefit that concerns the interests of many people.
Female Circumcision on a Medical Perspective and Islamic Law Ibnu Amin; Lendrawati Lendrawati
Analisis: Jurnal Studi Keislaman Vol 22, No 2 (2022): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ajsk.v22i2.13643

Abstract

The practice of female circumcision existed long before Islam came in the 16th century BC in South Africa, Southwest Asia, Judaism, Arabia and Egypt. Islamic teachings legalize obligatory circumcision for men and honor for women. However, in a medical review, female circumcision is prohibited on the grounds that it violates human rights and harms women. The emergence of this difference is motivated by a generalized definition and practice of circumcision. This research is a library research using descriptive method and drawing conclusions using deductive thinking. The research found that circumcision or Female Genitical Mutilation (FGM) in the medical formulation as recommended by WHO is a practice that violates Human Rights (HAM) and harms women's rights practiced in more than 30 countries with five types: eliminating, cutting, stabbing, sewing and damage the female organs. The practice of female circumcision (khifad) in Islam only scratches the upper female genital skin in the form of a cock's comb, the status of female circumcision according to Islam refering to most scholars is "sunnah" which is a glory. Nobility is meant from two sides, compliance with the Shari'a and respect in social life carried by a circumcised woman according to the qaidah al-'adat al-muhkam.
Co-Authors Faisal Efendi Hertasmaldi Hertasmaldi Ibnu Amin