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All Journal Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Idarotul Nginayah
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AKSESIBILITAS JURU BAHASA ISYARAT (JBI) DALAM PRAKTIK IJAB QOBUL BAGI PENYANDANG DISABILITAS RUNGU PERSPEKTIF HUKUM ISLAM Ahmad Nur Fadloli; Idarotul Nginayah
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.713

Abstract

Ijab qobul is one of the pillars of marriage. The pronunciation must be done in one assembly, either directly or with a separation that does not cause the contract to be broken. The pronunciation of the ijab must use pronunciations that indicate the meaning of marriage and must be understood by the groom before expressing his consent to marriage. Judging from Islamic law, the translation of the pronunciation of the consent as previously explained is permissible and the marriage contract remains valid. Even if the translation is considered a "fashil" or separation of the marriage agreement, the separation is only a brief separation and does not result in the termination of the marriage contract. This research is library research. The data sources obtained include primary data and secondary data. Primary data sources come from the Al-Qur'an, Al-Qur'an tafsir books, hadith books, and fiqh books. Meanwhile, secondary data sources are taken from books, scientific journals, scientific articles and other sources related to the author's research object. It can be concluded that the accessibility of a sign language interpreter in the practice of ijab qobul between a bride with a hearing disability and her marriage guardian, reviewed according to Islamic law, is permissible and the marriage contract remains valid.
KEDUDUKAN MAHAR DALAM AKAD NIKAH PERSPEKTIF IMAM MALIK DAN IMAM SYAFI’I Muhamad Rizki Akmal; Idarotul Nginayah
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v7i2.756

Abstract

Dowry is one of the virtues of the Islamic religion in protecting and honoring women by giving them the rights they demand in marriage in the form of a dowry, the size of which is determined by the agreement of both parties. The aim of this research is to find out Imam Malik's opinion about the position of the dowry in the marriage contract and to find out Imam Syafi'i's opinion about the position of the dowry in the marriage contract. The research method used is a type of library research (libery research), namely a series of activities relating to methods of collecting library data, reading and taking notes and processing research materials. The research results tend to be more in line with Imam Syafi'I's opinion because his opinion is final and there is no debate regarding the dowry, namely as a legal condition for marriage, especially as Indonesian citizens, almost the majority adhere to the Imam Syafi'I school of thought, Imam Syafi'I's opinion is also largely included. in the compilation of Islamic law in Indonesia. Because his flexible opinion is easy to accept and is not burdensome for the Indonesian people.
Co-Authors Ahmad Nur Fadloli Muhamad Rizki Akmal