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STUDI KOMPARASI PENDAPAT WAHBAH ZUHAILI DAN ABDUL AZIZ BIN BAZ TENTANG KONSEP RUJUK DAN RELEVANSINYA TERHADAP KOMPILASI HUKUM ISLAM

Nurintan, Arif (2019) STUDI KOMPARASI PENDAPAT WAHBAH ZUHAILI DAN ABDUL AZIZ BIN BAZ TENTANG KONSEP RUJUK DAN RELEVANSINYA TERHADAP KOMPILASI HUKUM ISLAM. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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BAB I.pdf

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Abstract

If you study the discussion about the concept of reconciliation, you can find various opinions of the scholars. Like Wahbah Zuhaili and Bin Baz, which according to Wahbah Zuhaili there are several cases that are not in accordance with the requirements in referring to the wife's pleasure, giving the wife the news presented. While according to Wahbah Zuhaili in the implementation of the referral, there must be willingness or pleasure for the wife to be referred and then prepared by two people who are sacred. Meanwhile, if viewed from the articles about the references listed in the Compilation of Islamic Law, explain in article 164 KHI "a woman in the raj'i divorce law has the right to consent to referral from the regional government which is attended by a marriage registrar and witnessed by two people. Article 165 KHI explains that "referrals carried out without the consent of the former wife, can be approved illegally by the Judicial Decision. As well as article 166 KHI explained that the referral must be proven by the Quotation of Registration Refer and if it proves it is damaged or cannot be used again, a duplicate can be requested to the institution that issued it initially ". This research includes library research and data sources used in writing this thesis there are two sources, namely primary data sources and secondary data sources. Then the data collection technique used to obtain valid data about the problem under study is documentation. Furthermore, the collected data is analyzed using a comparative descriptive method, which describes and draws or draws collected data. This research shows that there are debates and significant differences between Wahbah Zuhaili's and Abdul Aziz Bin Baz's opinions, especially in terms of testimony, agreement and his wife's willingness. Wahbah Zuahili places the authority to refer to a husband, who accepts wife's pleasure and elections are not needed so that the husband can allow his wife to go home at any time. While Abdul Aziz bin Baz erupted the authority to refer to the husband, as well as Wahbah Zuhaili's opinion about wife reporting and pleasure in referrals that were not needed in matters relating to the recruitment of Abdul Aziz bin Baz. In general, Wahbah Zuhaili's and Abdul Aziz bin Baz's opinions have relevance to articles in the Compilation of Islamic Law such as article 163 KHI and 167 paragraph 4.

Item Type: Thesis (Bachelors Degree (S1))
Student ID: 201510020311024
Thesis Advisors: Syamsurizal Yazid (0712125601), Jamal Bakarisuk (0729098307)
Keywords: Referral, Notification, Relative Wife, Witness
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Islamic Family Law (Ahwal Syakhshiyyah) (74230)
Depositing User: 201510020311024
Date Deposited: 21 Aug 2019 01:50
Last Modified: 21 Aug 2019 01:50
URI : http://eprints.umm.ac.id/id/eprint/49481

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