This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian //  TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//

Zakah of profession is one source of zakat which began intensively conducted by the government through BAZNAS and Islamic mass organizations in Indonesia recently. Nevertheless, a group of scholars and Islamic mass organizations apparently still has not fully accepted the obligation of this zakah. With other languages,zakah profession still has proponents and opponents. Supporters of zakah of profession consists of MUI, Government, NU, Muhammadiyah, Hidayatullah and others. While that does not agree generally from among those who oriented toward Saudi clerics, Salami, Persis and others. This paper discusses the proposition and the arguments of each group. In the analysis the authors, the arguments for zakat profession more rajah (strong) and assured and more meet maqashid ash-Shariah.

Muhammadiyyah and MUI (Indonesian Ulama Council) -with a slight intention -have finally revealed their advice about smoking. These two advices were deserved to be called into questions in: what the (Islamic) legal proposition (dalil/hujjah) and the istinbath method (istinbath al-hukm). They both, easily change the advice about smoking from neutral deeds (mubah) into avoidance (makruh), and then into forbidden (haram). These evolutional alterations drew my attention to examine their way of taking istinbat, that conclude smoking as avoidance or forbidden. In the way of research, I was using qualitative-normative approach for getting answer to the causes of their conclusion. The result showed us, they both using bayani approach and istishlahi one, so the qiyasi methode. The difference of them, was situated at how many syari'ah maxims that they cited on their fatwa: MUI cited many more than Muhammadiyah. Kata Kunci: Metode Fatwa, Majlis Tarjih dan Tajdid, Komisi Fatwa, Rokok PENDAHULUANBeberapa waktu lalu, masyarakat muslim di Indonesia dikejutkan dengan keluarnya fatwa dari Majlis Tarjih dan Tajdid Muhammadiyah (selanjutnya disebut MTT Muhammadiyah) Nomor 6/SM/MTT/III/2010 yang mengharamkan rokok. Fatwa itu diumumkan pada hari Selasa 9 Maret 2010. Sebelum keluarnya fatwa ini, Muhammadiyah masih menganggap rokok sebagai sesuatu yang mubah.

This research was aimed to resolve the appearance of contradictory between peace and war verses in Quran based on Yusuf Qardhawi and Abdullah bin Abdul Aziz binBaz view. The research found that there are similarities between their view in interpreting and understanding those verses, as on prescribing defense jihad, jihad priority, the need for preparation on facing the enemy and the purpose of jihad and other defense.However, it also found a number of differences between the two, as in the matter of jihad thalabi, whether peace verses are replaced by war verses, jihad thalabi purpose, scope and meaning of jihad.

In general, Islamic scholars have the same spirit in addressing the occurrence of divorce, namely the desire to make divorce difficult. However, on the other hand, there appears to be an inconsistency in this matter, where when reading fiqh books in a Sunni environment it seems that they facilitate divorce. As in the case of divorce testimony, Sunni ulama legalize the fall of divorce without witnesses, while among Shia clerics, they make divorce more difficult by requiring two fair witnesses to the legality of a divorce. This article aims to compare the two different views of Sunni and Shia scholars regarding divorce testimony in order to determine a stronger and more beneficial opinion. The result of the research proves that the arguments of the Shia ulama which oblige two witnesses to validate divorce are stronger and more beneficial. This opinion also makes it more difficult for the possibility of divorce to fall, and in its development, it is used in the legislation of Muslim countries by requiring divorce in front of a court session where at least two witnesses are certain to witness.