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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) International Journal of Social Science and Religion (IJSSR) Al-Manahij : Jurnal Kajian Hukum Islam JAWI : Journal of Ahkam Wa Iqtishad Jurnal Akademika: Kajian Ilmu-Ilmu Sosial, Humaniora dan Agama
Agustar, Armi
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Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Application of Aspects of Islamic Family Law to the Muslim Minority in Singapore: A Literature Review Silawati; Aslati; Agustar, Armi; Zein, Anwar
International Journal of Social Science and Religion (IJSSR) 2024: Volume 5 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v5i1.206

Abstract

This article will discuss the position and application of Islamic family law in countries with Muslim minority populations, particularly in Singapore. In every Muslim community in the world, no one denies the existence of Islamic law with its universal character of application. The universality of the application of Islamic law requires the submission of all Muslims to the teachings of Islam, will not see the time and place not to implement its provisions, and also requires the existence of universal values contained in branch laws that may differ from one place to another. That is why Muslims in Islamic countries and countries where the majority of the population is Muslim have relatively no problems with the application of Islamic law in everyday life because Islam upholds religious tolerance. The above reality will undoubtedly be different if Islamic law develops among Muslims, who are a minority in secular countries, namely countries with a government system that separates religion as a private matter.
Perkawinan Beda Agama di Republik Yaman Perspektif Hukum Islam dan Hukum Positif Agustar, Armi; Nurcahaya, Nurcahaya
JAWI : Journal of Ahkam Wa Iqtishad Vol. 1 No. 4 (2023): JAWI - DESEMBER
Publisher : MUI Kota Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10477245

Abstract

Writing this article wants to describe, related to Yemeni legal regulations, namely the marriage of Muslim women in Yemen. Discussing the annulment of marriages for men who adhere to Islam or Muslims who do not marry Muslim women and women of the book in Yemen. As for the women of the People of the Book who can be married to Muslim men in Yemen, it is necessary to elaborate on the permissibility of marrying women who are not Muslim. Yemen itself fully takes the source of law in the text of the Koran where marriage regulations in Yemen between Muslim men and women of the book are permissible and regulated in Yemen's legal laws. On the other hand, interfaith marriages in other regions related to women of the book cannot be found, in Indonesia, for example, interfaith marriages only describe marriages between Muslims and those who are not Muslim or are not Muslim, there is absolutely no mention of women of the book. For this reason, this article wants to elaborate on the explanation regarding women of the People of the Book, amidst the debate whether or not it is permissible to marry women of the People of the Book, Yemen still adheres to the Al-Quran text which allows Muslim men to marry women of the People of the Book until now.
Shifting Rights to Education of Adopted Children in Terantang Village Perspective of Islamic Law Agustar, Armi; Mutasir
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 14 No 2 (2022): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v14i2.5217

Abstract

Providing the right to proper education for adopted children is the basic goal of adoption. The right to education is one of the rights that must be fulfilled by adoptive parents. In general, the organizers of children's rights above are the obligation and responsibility of the government and society. This research states that in Islamic law adopting a child is a good deed, which helps adopted children get a proper education. The phenomenon that occurred in Trantang Village, the right to education for adopted children shifted to utilization, because it was caused by several factors, one of which was from an economic perspective. The purpose of this research is to strengthen previous research, and to further examine the shift in educational rights for adopted children and to look at the factors that lead to non-fulfillment of adoption rights in Trantang Village. This study uses a sociological normative. The results of this study found several factors that resulted in a shift in educational rights, even the rights of adopted children were not given, such as: economic factors, community habits and social media factors. In fact, in Islam, adoption is a good deed, but over time this right shifts to utilization.
Change in Act Number 16 Of 2019 As An Amendment to Law Number 1 of 1974 Islamic Law and Gender Perspective Rangkuti, Muhammad Yusuf; Agustar, Armi
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 14 No 1 (2022): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v14i1.5245

Abstract

Law Number 1 of 1974 concerning Marriage, which stipulates a difference in the minimum age of marriage of 19 years for men and 16 years for women. It is considered unfair based on gender equality, even though in the 1945 Constitution of the Republic of Indonesia in Article 27 paragraph (1) it is said that, every citizen simultaneously has his position in law and government. Thus, Law Number 1 of 1974 concerning Marriage, causes discrimination against women, and hinders the fulfillment of women's constitutional rights. Such things as the right to health, education and equality in the eyes of the law. So that the birth of Law Number 16 of 2019 concerning Marriage, in this case, the minimum limit for carrying out marriage. Providing justice to the age of marriage, between a 19-year-old male and female.
The Essence of Family Planning in Islam: Achieving Family Well-Being Through Maqashid Shariah Fauzi, Ahmad; Zikri, Ahmad; K, Hendri; Agustar, Armi
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.8421

Abstract

Ideally, family planning (FP) is considered important for maintaining family well-being. However, in reality, there are still many negative views in society that oppose the practice of FP, even causing problems in its implementation. This article falls under library research with a qualitative approach. The methodology used is descriptive analysis, specifically explaining the meaning and essence of FP in the context of family well-being through the analysis of Maqasid Shariah theory. The results of the study indicate that FP plays a significant role in family well-being, especially for young couples who have recently married. Mental and financial preparation before educating and caring for children becomes a key factor in maintaining family stability. In the context of Maqasid Shariah, FP actively contributes to preserving health, lineage, wealth, life, and even religion.
COMPARATIVE STUDY OF THEORY MAQASID AL-SHARI'AH MEMORIAL AHMAD AL-RAYSUNI DAN JASSER AUDA Amin, Muhammad Syamsul; Agustar, Armi
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

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Abstract

  Ahmad al-Raysuni and Jasser Auda are two contemporary Muslim intellectuals who focus on exploring the theme of maqasid al-shari'ah. Even though they both pursue maqasid themes, both al-Raysuni and Auda represent their own different styles of thought. Al-Raysuni represents the traditional maqasid style of thought that was introduced and developed by previous scholars. Whereas Auda represents a modern maqasid style that carries the spirit of a contemporary era which is completely different from traditional views. Academically, the differences above indicate the existence of different methods in understanding and applying the theory of maqasid al-shari'ah. Therefore, researchers feel intrigued to explore and examine the extent to which the methods differ from the two. Departing from this anxiety, the researcher wishes to compare the views of Ahmad al-Rasysuni and Jasser Auda on maqasid al-Syari'ah. The type of this study is literature or literature review, the approach used is comparative; by mapping the thoughts of the two figures in terms of the determination method maqasid al-shari'ah. The object of the study is the thoughts of the two figures, and the research data is obtained from books written by both of them and related journals. From this study the authors found several things, namely: First both al-Raysuni and Auda both based their thoughts on classical sources of Islamic law regarding maqasid al-shari'ah. Second, al-Raysuni adheres to the study of classical maqasid and contextualizes it to the modern world with theoryfikr maqasidi andtaqrib-taglibnya, while Auda reconstructs the maqasid as an approach "ushul al-fiqh new” on Islamic law, and found six features of the system: cognition, wholeness, openness and self-renewal, hierarchical relationships that influence each other, are multi-dimensional, and always refer to the main goal. Third, if we map the tendency of both deep thought maqasid al-shari'ah, then al-Raysuni is closer to Neo-Traditionalism, while Auda is closer to post-postmodernism. Keywords: Al-Raysuni, Auda, maqasid al-syari'ah.
APPLICATION OF ISLAMIC FAMILY LAW TO THE MUSLIM MINORITY OF SOUTH PATANI THAILAND Agustar, Armi; Nurcahaya
Jurnal Akademika Kajian Ilmu-Ilmu Sosial, Humaniora Dan Agama Vol 5 No 1 (2024): (JURNAL AKADEMIKA: KAJIAN ILMU-ILMU SOSIAL, HUMANIORA DAN AGAMA)
Publisher : Wahdatul Ulum Institute

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Abstract

Abstract This article examines the application of Islamic family law to the Muslim minority in Thailand's Southern Patani, a region dominated by secular national law and where the majority of the population is Buddhist. The Patani Muslim Community implements Islamic family law in aspects of marriage, divorce, inheritance and child custody in accordance with the teachings of the Shari'a and local customs. The wedding procession includes the marriage contract, dowry, and walimatul urus. However, this community faces challenges such as conflicts between Islamic law and national law, inconsistent legal recognition, and the impact of modernization. Nevertheless, they try to maintain traditions with education, outreach, and cooperation with authorities. Government support and increased intercultural dialogue are critical to ensuring justice and social harmony in Patani.
Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law Aslati; Agustar, Armi; Silawati; Arisman; Arafah, Siti
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i1.10571

Abstract

Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah.
Co-Authors Amin, Muhammad Syamsul Arafah, Siti Arisman Aslati Fauzi Ahmad Muda Hendri K, Hendri Mutasir Nurcahaya Nurcahaya, Nurcahaya Rangkuti, Muhammad Yusuf Silawati Zein, Anwar Zikri, Ahmad