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All Journal Al-Istinbath: Jurnal Hukum Islam el hisbah: Journal of Islamic Economic Law
Ali Trigiyatno
Institut Agama Islam Negeri Pekalongan
Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco Ali Trigiyatno; Sutrisno Sutrisno
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (783.929 KB) | DOI: 10.29240/jhi.v7i1.3368

Abstract

This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.
Pembiayaan Perumahan Syariah Berbasis Akad Murabahah bil Wakalah dalam Perspektif Fatwa DSN No.04/DSN-MUI/IV/2000 Tasyana Rahmadini; Ali Trigiyatno; 'Alamul Yaqin
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 1 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436 KB) | DOI: 10.28918/el_hisbah.v2i1.6256

Abstract

This article discusses the process of contract and mortgage financing based on a murabahah bil wakalah contract at PT Bank BTN Syariah Pekalongan branch office from the perspective of DSN Fatwa No.04/DSN-MUI/IV/2000. This type of research is a field research (field-research) with a qualitative approach. Sources of data in the form of primary and secondary data, primary data obtained by interview and observation techniques while secondary data obtained by documentation. The subject of this research is PT. Bank BTN Syariah Pekalongan Branch Office and Customers, while the object is the settlement in accordance with DSN Fatwa No.04/DSN-MUI/IV/2000 in the Murabahah bil Wakalah contract. And data analysis using descriptive qualitative. The practice of the Murabahah Bil Wakalah contract At PT Bank BTN Syariah Pekalongan Branch Office, most of the practices of the Murabahah bil Wakalah contract have complied with the provisions of the DSN Fatwa No. 04/DSN-MUI/IV/2000. However, there are still provisions that have not been fulfilled, namely the financing of the murabahah contract directly before the end of the wakalah contract or the house being traded in principle does not belong to the bank so that it is not in accordance with the provisions of the DSN Fatwa No.04/DSN-MUI/IV/2000 which states that the bank wants to represent the customer for the purchase of an item from a third party, the murabahah sale and purchase contract must be executed after the goods have become the property of the bank.
Co-Authors 'Alamul Yaqin Sutrisno Sutrisno Tasyana Rahmadini