El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law

Adopted Children of Civil Servants According From Islamic Law

Khairani Khairani — 2024-06-05

Law Number 39 of 1999 concerning Human Rights regulates children's rights, the implementation of the obligations and responsibilities of parents, families, communities, the government, and the state to provide protection for children. However, these children can be categorized into 2 parts, namely adopted children and biological children. However, there are many problems with child adoption in Banda Aceh that aim to adopt children, especially civil servants, not only because they want to have children or help children and give love, but because there are civil servant allowances. This raises problems with adoptive parents including adopted children as recipients of child allowances for civil servants and Islamic law reviewing children who are used as biological children in state administration. The purpose of this research is to determine the factors affecting adopted children as recipients of civil servant allowances and to understand the Islamic Law review of adopted children who are used as biological children in the state administration. In this research the author used qualitative research methods and a juridical approach. Based on the research results, the factors that lead to adopting children as recipients of child allowances for civil servants are not having children, the economic condition of biological parents, earning more money and the welfare of the child. According to Islamic law, it is permissible and even recommended to adopt children. However, including children on the payroll aims to provide a decent life for children, not to seek personal gain. The adoption of a child to receive child support on the payroll is justified by conditions permitted by law or in a formal legal manner.

The Concept of a Country According To Thought Ibn Bājjah in The Book Tadbīr Al-Mutawaḥḥid

Putri Januarti — 2024-06-09

The role of the state in politics is a very complex and interesting issue, especially because the concept of the state has varied meanings and interpretations among experts. Ibn Bājjah, also known as Avempace, was a Muslim philosopher and scientist from western Andalusia who lived in the 11th century. His contribution to Islamic political thought is mainly reflected in his work entitled "Tadbīr al-Mutawaḥḥid". In this work, Ibn Bājjah examines the concept of the state in two main categories: the perfect (ideal) state and the imperfect state. The aim of this research is to understand the concept of the state according to Ibn Bājjah's thoughts in the book "Tadbīr al-Mutawaḥḥid" so that it can serve as an inspiration from classical thinking to be applied in a modern context. This research uses a qualitative research model with a descriptive analytical library research approach. The conclusion of this research shows Ibn Bājjah's view of perfect and imperfect states. According to him, a perfect state is one that does not need doctors and judges because there are no conflicts, diseases, or legal problems. On the other hand, imperfect states need doctors (the art of medicine) and judges (the art of law) because there are still conflicts, diseases, and differences of opinion in society.

Concept of Rights and Obligations of Husband and Wife in Long Distance Relationship (Case Study in Kuala Terengganu, Terengganu, Malaysia)

Saudah Binti Mat Razali — 2024-06-20

The article writes that the relationship between husband and wife must live in the same house to achieve their rights and obligations as well as the formation of a harmonious marriage. However, in reality, many husbands and wives carry out their obligations remotely because of the need to work for their family's economy. The problems in this article focus on the factors and impacts of husband and wife having long distance relationships in Kuala Terengganu and how long distance husband and wife relationships in Kuala Terengganu fulfill the rights and obligations of their partners. This article was written using empirical legal research methods. Based on the research results, the factors of a long distance husband and wife are firstly, the place of work is far from the village, secondly, the family's economic needs, thirdly, the educational factor at school which has been determined by the government for teachers. The next impact on husband and wife is the impact of long distance couples in Kuala Terengganu. Judging from the positive and negative impacts on long distance couples. The positive impact is that you can maintain a good relationship and feel appreciated in your own way, such as by giving something to your partner. He puts his position in loyalty and trust towards his partner, and can avoid doing bad things. Long distance relationship couples in Kuala Terengganu appreciate their partners more deeply. Judging from the negative impacts of long distance couples in Kuala Terengganu, there are 5 negative impacts, lack of communication, mental health impacts, infidelity, suspicion, and divorce. Next, the pattern of a long distance husband and wife relationship is 5 obligations that are fulfilled, living, maintaining honor, serving the wife, obeying the husband, and hadhanah. Married couples in Kuala Terengganu can fulfill all these obligations, and then each husband and wife can handle them so that their long-distance relationship remains sustainable and happy.

The Interpretation of the Meaning of al-Qarábah in the Qur'an and Its Contextualization with Contemporary Kinship Models (An Interpretative Approach Using the Maudhu'i Tafsir Method)

Nurdin Bakry — 2024-06-21

Based on the interpretation in the Qur'an, relatives (al-qurbá) are interpreted flexibly, according to the context of the conversation, both from the side of the mother's and father's relatives. However, traditional interpretations tend to emphasize the paternal family, reflected in the influence of patrilineal Arabic culture. In the contemporary era, the concept of family in anthropology has varied, including maternal or bilateral models. This study analyzes how the meaning of al-qarábah in the Qur'an with the approach of maudhu'i tafsir, tracing its conformity with the contemporary kinship model? The type of qualitative research and interpretive approach is carried out in order to be answered in depth, data collection through library research, so that the data collected is in the form of secondary data obtained from the books of scholarly interpretation. Content analysis is carried out by collecting verses related to the method of tafsir maudhu'i. As a result, the method of tafsir maudhu'i al-qarābah in Islam is divided into three levels: al-qarābah al-qarībah (very close uterine relationship), al-qarābah al-mutawassiṭah (mahram relatives), and al-qarābah al-baʿidah (non-mahram relatives). In the context of the modern family, kinship is understood through the biological dimensions (nasab/DNA), religion (brothers and sisters), and social (neighborly relationships). Fathers and mothers are considered the nucleus of the family in Islam, with mothers having primary responsibility for the upbringing, education, and inheritance of children in the event of a father's death, affirming protection and harmony in Muslim families.

Abortion Due to Fetal Defects (Legal Analysis of Legislation and Fatwa of Ulama Mufti Bayan Linnas Number 68)

Arifin Abdullah — 2024-06-21

Abortion is a word that symbolizes a crime in which the perpetrator must be punished because it is considered to have taken away a human being's right to life. However, sometimes abortion has to be carried out because if the pregnancy continues, the mother's life will be at stake due to the disability suffered by the occupant of her womb. Defects experienced by the fetus must be declared by a recognized medical expert in the field of pregnancy. This research question is how the laws and fatwas from Malaysian mufti clerics conclude the legal status of abortion due to fetal defects. In this research the author uses library research methods and is normative juridical in nature. Malaysia does not have specific laws governing abortion, so everything related to abortion will refer to Penal Code Section 312-316 (Act 574). Dr. Zulkifli Mohamad Al-Bakri, former Minister of Religion and Mufti of the 7th Federal Region stated in an article uploaded to Bayan Linnas No. 68 states that abortion is divided into two laws, namely mandatory if it has not reached the age of 120 days and haram if it has reached the age of 120 days or more unless the fetus being impregnated threatens the mother's life then it is permitted. Here it can be concluded that abortion is permitted if there is harm to the mother. If there is no harm, it is prohibited and forbidden.

Husband's Rejection To Children's Lineage After Divorce (Case Study in Kedah Syariah Court)

Agustin Hanapi — 2024-06-21

The religious scholars have different opinions in determining the maximum period of pregnancy for a woman. Fiqh scholars stated that lineage is one of the strong foundations in building a family life that can bind a person's personality based on blood unity. Islam has laid down guidelines in terms of the conviction of lineage according to Shariah law. This research uses a type of normative research, namely the approach of legal principles, legal theory, court decisions and uses the case approach method. The results of the research show that the husband's rejection of the child's lineage after divorce can be considered by the judge in convicting the child's lineage by examining all aspects and evidence of statements whether oral or written so that it is in line with syariah law and the Islamic Family Law (Kedah). As for if a pillar and condition of marriage is not fulfilled in line with the Sharia, then a wording of the marriage contract is invalid so that it can make the marriage broken (fasid) or the occurrence of dubious intercourse. In line with that, then the status of a child will be doubted by the parties about the legitimacy of his lineage.