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Journal : Jurnal FAI : MASLAHAH

Jual Beli Harta Benda Wakaf Menurut Madzhab Syafi’i: Studi Analisis Pemikiran Ibnu Hajar al-Haitami Nurhasanah, Nurhasanah; Suprihatin, Suprihatin
Jurnal FAI : MASLAHAH Vol 6, No 2 (2015): MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah)
Publisher : Jurnal FAI : MASLAHAH

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Abstract

Abstract: The problem of this study is how the purchase procedure of wakf propertyaccording to the school of Shafi’i jurisprudence, focusing on the thought of Ibn Hajaral-Haytami? The conclusion of this study, Ibn Hajar al-Haytami is one of the followersof Shafii’s school of fiqh, (Islami jurisprudence) and he expressly prohibit the sale andpurchase of wakf property under any circumstances. According to Al-Haitami propertyof wakf had broken up his property and belong to Allah. Therefore, property of wakfhas not be authorized for sale in the all condition. There is possibility when he bannedthe sale and purchase of the wakf property, affected by the state of Muslims who wasvery much with the teachings of Islam or Al-Haitami’s thought of fiqh. Althoughprohibits selling property of wakf, it allows rent it. The wakf has been relevant to thedevelopment of society, especially for Muslims of Indonesia, such as the developmentof the construction and rental of flats on wakf land, as it has been regulated in themanagement of productive of wakf in the legislation of wakf.Keywords: Sale and Purchase, Property of Waqf, Syafi’i’s School of FiqhIbnu Hajar al-Haitami
Analisis Deskriptif Faktor-Faktor yang Mempengaruhi Pembatalan Perkawinan di Pengadilan Agama Bekasi Suprihatin, Suprihatin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 8 No 2 (2017): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v8i2.324

Abstract

The purpose of this study is to determine the factors that influence the cancellation of marriage and to know the benefits or consequences of the cancellation of marriage. The method used in this research is qualitative method. The results of this study, is that the factors that affect the cancellation of marriage namely internal factors and external factors. Internal factor is something that comes from within the marriage itself this husband as Petitioner of marriage and wife invalidation as Respondent caused by identity, admitted still a girl have never married but actually have been married to other man, The applicant felt cheated and mistaken. while the external factor is something or cause that comes from outside the marriage where an elder sister who filed for the cancellation of her sister's marriage, resides as Petitioner and her sister as (Petitioner II) and husband (Respondent I) this is due to falsify the identity and guardian who is not entitled to marry off. Based on the above data can be found the element of protection of rights and maslahah for individuals who do marriage from the injustice of other parties.