Al-Arfa: Journal of Sharia, Islamic Economics and Law

Legal Analysis of Taklik Talak in Indonesian Marriage Law and Compilation of Islamic Law

Irfan abdurahman, Mochamad Nurdin, Galuh Cahya Noer — Wed, 22 Jan 2025 00:00:00 +0000

Taklik talak is an agreement between a husband and wife aimed at protecting the wife from the arbitrary actions of the husband. The recitation of the taklik is done by the husband after the marriage contract (ijab kabul) is performed. In practice, the recitation of the taklik talak is seen as obligatory, as it is almost always carried out in every marriage ceremony. However, according to Article 46 of the Compilation of Islamic Law, taklik talak is not mandatory.The issues arising from this background include:a) The position of taklik talak in Indonesian marriage law and the Compilation of Islamic Law.b) How taklik talak is implemented in society.The approach used to address these issues is a juridical-sociological method, which links events in the field with legal aspects or applicable laws. Taklik talak has existed in Indonesia since the reign of Sultan Agung Hanyakrakusuma, the king of Mataram (1554 Java/1630 AD), with the purpose of protecting wives who are abandoned by their husbands due to state duties.The law states that taklik talak is not mandatory. It is recited only if both spouses agree to it. However, once recited, taklik talak cannot be revoked. Many people perceive taklik talak as a necessary part of the marriage process, as it is customary for it to be recited in every marriage.In society, divorces often occur due to violations of taklik talak. To prove that taklik talak has been violated, judges consider evidence such as letters and witnesses, especially from family members or close acquaintances. The consequences of divorce due to the violation of taklik talak include issuing a talak satu or talak khuli against the wife, and the wife may be subjected to an iwadh penalty of Rp. 10,000.00.

Permissibility of Family Planning in Islam

Ali Miqdad Ali, Musa-Jeje Ibrahim Aladire — Wed, 22 Jan 2025 00:00:00 +0000

This research delves into the nuanced perspective within Islamic teachings regarding the permissibility of family planning. Acknowledging the importance of family in Islam, the study aims to explore the religious and ethical considerations surrounding family planning practices within the context of Islamic jurisprudence. The research employs a multidisciplinary approach, integrating textual analysis of Quranic verses and Hadiths with a review of scholarly interpretations and contemporary Islamic jurisprudential discussions. Furthermore, qualitative interviews and surveys are conducted among Islamic scholars, community leaders, and practitioners to capture diverse perspectives and experiences related to family planning in Islamic communities. The findings of the study reveal a spectrum of opinions within the Islamic community regarding family planning, with some scholars emphasizing the importance of procreation while others advocate for responsible family planning within the framework of Islamic ethics. In conclusion, this research offers insights into the permissibility of family planning in Islam by navigating through traditional Islamic sources and contemporary discussions. The findings contribute to a nuanced understanding of family planning within the Islamic context and provide valuable perspectives for both scholars and practitioners seeking guidance on this complex and vital aspect of family life in Muslim communities.

Application of Mirath sheriah in Kakamega County

Ngeri H.B Gimway — Wed, 22 Jan 2025 00:00:00 +0000

This study, conducted in Kakamega County examined whether or not mirath is applied with regard to women; if there were any factors that promoted or impeded the application of mirath in the County and sort to identify strategies for implementation of mirath in the context of Islamic teachings and the Constitution of Kenya 2010. The study was guided by the Feminist Conflict Theory (propounded by Karl Max 1818-1883). Purposive sampling identified respondents from among the various segments of Muslims living in the County. The study employed a qualitative cross-sectional descriptive research design. Primary data was collected using interviews and focus group discussions from purposively sampled key respondents who included: Kadhi, Imams, widows, widowers, sons and daughters whose parents are deceased. Interview schedules and focus group discussion were the tools used. Secondary data was collected from the internet, journals and books. Data collected was analyzed thematically. This study examined the application of Islamic laws of inheritance with particular reference to Luhya indigenous Muslims and specific reference to women in Kakamega County. The findings demonstrated that the Luhya inheritance rules are patriarchal thereby favouring male children over females despite the advent of Islam in the region. The male chauvinistic tendencies in the Luhya community have pushed Muslim women to a subordinate and inferior position hence their intrinsic value is negated. The study established that Luhya inheritance rules are so entrenched that they have not been fully altered or replaced by the Shariah. Many respondents consented that Luhya Muslims still practice the indigenous patriarchal inheritance rules though they have adopted other Islamic beliefs and practices

Islamic Ruling of Consuming Meat-Birds that Go through the Contemporary Scalding and Evisceration Process

Mohammed Mouaz bin Maulana Abed Ali Hafeji, Mohammed Farid Ali al-Fijawi — Thu, 23 Jan 2025 00:00:00 +0000

Islam requires the consumption of meat that has been sourced from an animal that has been slaughtered, processed, and delivered according to the Islamic requirements. The lawful status of meat is not tied to the slaughtering only. The processes of plucking feathers, removing entrails, etc., all have to be taken into consideration before the meat can be deemed lawful (halāl) and wholesome (tayyab). The nominal process in Islam to avoid impurity and contamination of the meat is to remove the entrails before immersing the chicken in hot water to soften the feathers for plucking. However, the current industrial practice switches this process. The mechanical plants are designed to immerse the chicken in hot water and pluck the feathers before gutting the chicken. This has given rise to inquiries and doubts to the Muslim consumers whether the meat of such birds are lawful or not. In order to provide an Islamic response to this issue, this paper is looking into, first the scientific and industrial perspective of the scalding and evisceration processes. Second, the paper is evaluating the scientific-industrial practice in the light of Islamic jurisprudence (Fiqh).

Polygamy in Islam: The Truth Unveiled

Nazia Fayaz Azad, Iqra Firdous, Bilal Ahmad — Thu, 23 Jan 2025 00:00:00 +0000

Marriage in Islam is a sign of god’s power and glory. The Quran says: “From his signs is that He has created for you spouses from yourselves that you may get peace and tranquility through them; He placed between you love and mercy. In these are signs for the people who reflect”. Islam did not invent the system of polygamy. It existed long before Islam came into the scene of world events. When it came into world scene in the seventh century of the Common Era, it inherited the existing marriage system. It is to the credit of Islam that it modified and reformed the system in existence at the time firstly by limiting the number of wives a person could have at a time i.e. four and secondly it put stringent conditions on a person who wanted to marry a second wife like his ability to maintain and provide for the family, to be fair and just to both the wives and so on. Islam is a practical religion; its laws are in line with human nature. It does not deny natural forces in humans; rather it confronts them and provides guidance to control the peace in society. If a man wants to fool around, Islam will hold him responsible and tie him down to duties towards that second wife and her children. If we talk of western countries, almost all have forbidden polygamy but adultery is most rampant in these countries. Many married men have mistresses or are involved in extra-marital affairs resulting in higher divorce rates, broken families and children growing without fathers. This paper explores the concept of polygamy and rulings through the realm of Quran and Hadith. It also clears the misconception associated with the eleven marriages that our beloved Prophet Muhammad[1] (SAW) solemnized and it also brings to bear that how Islam has given clear guidelines on all kinds of relationships: monogamy to polygamy.

[1] The last messenger of Allah who brought Islam into existence

The Role Played by the Jinn in the Marriage Breakup: an Account from the Qur’an and a Hadith

Abdillah Kitota — Thu, 23 Jan 2025 00:00:00 +0000

All over the world, marriage breakup is a growing problem that has affected many families and societies in various ways. This study was descriptive study design that collected qualitative data from the Qur’an and six canonical books of ahadith of ahlul sunnah wal jama’ah to describe the role of the evil jinn in marriage breakup. The findings show that the evil jinn are the prevalent and hidden factor for the marriage breakup, that may either initiate or amplify the factors for the marriage breakup. The findings from this study may help Tanzanians and the world at large to avoid and overcome the effects of the evil jinn in their marriages; which include the marriage breakup. This study suggests further studies on this subject by using case study and longitudinal study designs, in order to broaden the scope of this subject.