in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court
Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion
Tatanan masyarakat Muslim Nusantara terbangun karena adanya hubungan antara ekonomi, pendidikan, dan politik. Karena, sendi sendi kebudayaan atau tradisi suatu bangsa pada dasarnya dibangun melalui proses ekonomi-akumulasi modal, pendidikan-akumulasi pengetahuan dan politik-akumulasi kekuasaan yang berkuasa. Sisi lain, perkembangan ekonomi di Indonesia semakin berkembang, dengan dibuktikan banyak berdirinya lembaga keuangan syariah yang sudah menjadi sendi kehidupan ekonomi di Indonesia, meskipun pada prakteknya masih terdapat pada wilayah kota saja. Lembaga pendidikan, khususnya pesantren bisa mengambil peran untuk perkembangan ekonomi tersebut, dengan mendirikan lembaga keuangan di internal sendiri, dalam konteks ini dengan mendirikan Bank Mini Syariah, melalui kerjasama dengan perbankan syariah yang telah ada. Keberadaan Pesantren Nurul Jadid tak lepas dari konstruksi kemasyarakatan yang mencitakan suatu transendensi atas perjalanan historisitas sosial. Hal yang menjadi titik penting adalah kenyataan eksistensi pesantren sebagai salah satu pemicu terwujudnya kohesi sosial. Keniscayaan ini karena pesantren hadir terbuka dengan semangat kesederhanaan, kekeluargaan dan kepedulian sosial. Pesantren Nurul Jadid sangat berpeluang untuk mendirikan Bank Mini Syariah sebagai layanan ekonomi masyarakat pesantren serta menjadi laboratorium bagi berbagai jurusan yang berhubungan dengan keuangan, selain itu pesantren memiliki kekuatan aset keuangan dari masyarakat pesantren yang dikemudian hari menjadi nasabah
The legal aspect for women who are undergoing the iddah period, the correlation to communication via social media is not found valid arguments related to this case, but four fiqh experts (madzhab) have agreed that women who are undergoing 'iddah death period are not allowed to leave the house except under these conditions. an emergency or in a state of urgency to leave the house, even though they have different opinions about the time and limit of the iddah prohibition. This study examines the legal aspects of women who are undergoing ‘Iddah’ correlation to interactions on social media. This research is a library research, namely through the study of secondary data sources consisting of various references, especially books that are closely related to the discussion. The results of the study concluded that women who are undergoing 'iddah' are not allowed to use any social media to communicate with men who are not mahroms and without an urgent need, unless the communication is only intended for the benefit of life and does not conflict with the principle of benefit.
In principle, the responsibility of caring for children is the burden of both parents, whether they are still living in harmony or a divorce has occurred. Hadanah itself is an act that must be carried out against their parents, because without Hadanah it will result in the child being neglected and his life is wasted, because if the child is still small or not yet mumayyiz, it is very well nurtured and educated, and will have a negative impact on their future. , can even challenge the existence of their soul. Child care, in the view of KHI, includes all the needs that can support the development of the child's life both in the scope of primary and secondary needs, such as the need for education, living expenses, peace of life, welfare, especially in health.In Shafi'i's view regarding child custody (hadanah), children who are seven years old are allowed to choose for themselves if both parents are equally worthy to take care of their hadhanah, be it in matters of religion, property or affection. so the child is invited to choose it, on the grounds that the child is considered to be able to distinguish which one is good and what is bad for himself, therefore the child is given the freedom to choose what he thinks the child is able to make his own choice whether to follow his mother or follow his father .
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