MAQASHID Jurnal Hukum Islam最新文献

Keharusan Ikrar Talak di Depan Majelis Hakim Pengadilan Agama Perspektif Maqāṣid Syarī’ah Ibnu ‘Āsyūr 从伊本-阿舒尔的 Maqāṣid Sharī'ah 观点看在宗教法庭法官面前宣誓离婚的义务

MAQASHID Jurnal Hukum Islam Pub Date : 2023-05-30 DOI: 10.35897/maqashid.v6i1.1086

Ludfi

{"title":"Keharusan Ikrar Talak di Depan Majelis Hakim Pengadilan Agama Perspektif Maqāṣid Syarī’ah Ibnu ‘Āsyūr","authors":"Ludfi","doi":"10.35897/maqashid.v6i1.1086","DOIUrl":"https://doi.org/10.35897/maqashid.v6i1.1086","url":null,"abstract":"This study aims to elaborate on the provisions of divorce in classical fiqh which are considered valid simultaneously when pronounced by the husband, while in positive law they are only considered valid when pronounced by the husband before the court. Both of them gave rise to a \"dilemmatic\" law among Indonesian Muslims, so that maqāṣid syarī'ah was present as a \"peacemaker\" through the perspective of Ibnu 'Āsyūr. This type of research is library research with content analysis, philosophical-hermeneutic and maqāṣid syarī'ah approaches. The data collection technique is in the form of documentation through inventory, classification and evaluation of data. The findings of this study indicate that there are aspects of maṣlaḥaḥ of having to pledge divorce before the Panel of Judges of the Religious Courts: equality before the law and legal certainty (status and wife's maintenance, joint assets, hadlanah rights and guarantee for children's maintenance). Ibn 'Āsyūr with his four pillars al-Fiṭrah, as-Samāhah, al-Musāwah and al-Hurriyah as the main foundations in his maqāṣid syarī'ah building requires the presence of divorce witnesses in interpreting QS. aṭ-Ṭalāq (65) verse (2) via ẓāhir naṣ. This interpretation has relevance to the obligation to pledge divorce before the court; before the Panel of Judges of the Religious Courts as a provision of positive law in Indonesia to make it difficult for divorce to occur as a form of maqāshid syarī'ah, although he did not directly mention that the divorce pledge must be presented before the court.","PeriodicalId":400923,"journal":{"name":"MAQASHID Jurnal Hukum Islam","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139372582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK JUAL BELI RAMBUT SISTEM BORONGAN PADA JASA POTONG RAMBUT 伊斯兰法律对理发店交易制度的审查

MAQASHID Jurnal Hukum Islam Pub Date : 2023-03-28 DOI: 10.35897/maqashid.v5i2.946

Muhammad Hasbulloh Huda, Abdul Bais

引用次数: 0

PRIMBON JAWA MADURA: Salep Tarjeh Dan Weton Desa Bulupitu

MAQASHID Jurnal Hukum Islam Pub Date : 2023-02-11 DOI: 10.35897/maqashid.v5i2.915

Bahrul Ulum, Muhammad Ulil Albab

{"title":"PRIMBON JAWA MADURA: Salep Tarjeh Dan Weton Desa Bulupitu","authors":"Bahrul Ulum, Muhammad Ulil Albab","doi":"10.35897/maqashid.v5i2.915","DOIUrl":"https://doi.org/10.35897/maqashid.v5i2.915","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000This research is aimed at studying the Primbon culture of the residents of Bulupitu Village in its application in marriage practices to find out and compare the impact of Primbon on the sustainability of marriages that apply this system and marriages that do not apply the Primbon system and the perspective of Islamic law in addressing this practice. This research is in search of data with field studies using a qualitative approach with data collection methods, namely; Interviews, Literacy Studies, and Observations \u0000 \u0000 \u0000 \u0000 \u0000From this study it was found that in the application of Primbon, Bulupitu Village residents were divided into two camps, namely those who applied the Primbon system in their marriage (Kejawen) and those who did not apply it (Potehan). The Kejawen adhere to the Primbon concept starting from Weton, Salep Tarjeh, and Wedding Day, while the Potehan refuse to believe in this. Nevertheless, these taboos and recommendations still have an effect on the sustainability of the marriage mahligai of Bulupitu residents if they are violated or carried out. Primbon culture actually does not conflict with the concept of Islamic law because it is a custom that has its own legal basis, namely 'Urf and is a form of endeavor and","PeriodicalId":400923,"journal":{"name":"MAQASHID Jurnal Hukum Islam","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133990493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

KESETARAAN GENDER DALAM FIKIH PEREMPUAN PERSPEKTIF MAQASID SYARIAH JASSER AUDA

MAQASHID Jurnal Hukum Islam Pub Date : 2022-08-29 DOI: 10.35897/maqashid.v5i1.831

Mohammad Lukman Chakim, Muhammad Habib Adi Putra Habib

{"title":"KESETARAAN GENDER DALAM FIKIH PEREMPUAN PERSPEKTIF MAQASID SYARIAH JASSER AUDA","authors":"Mohammad Lukman Chakim, Muhammad Habib Adi Putra Habib","doi":"10.35897/maqashid.v5i1.831","DOIUrl":"https://doi.org/10.35897/maqashid.v5i1.831","url":null,"abstract":"The dynamics of today's civilization are growing, it continues to drive changes significantly, both in the technological and other spheres. Existing social construction has shifted, and even needs to be updated to keep up with developments. This includes the role and position of women. In the past, women in the discussion of jurisprudence were only about worship, the treatment of worship that there were differences with men. For example, if the congregation, men are encouraged to read Subhanallah while women pat both palms. But now the discussion of women is getting wider to their roles, positions and relationships with men. This research focused on the gender equality thinking of Husein Muhammad and Musdah Mulia. This research is a normative research (library research) with research sources including several books by Husein Muhammad, Musdah Mulia and Jasser Auda. The thinking of gender equality (women's jurisprudence) of the two figures was then analyzed with Jasser Auda's system (maslahah) approach. The gender equality of women's jurisprudence in the perspective of the Jasser Auda system has conformity with Islamic law. The gender equality of women's jurisprudence has fulfilled all six systems of features (benefits). In the cognitive system, equality has a cognitive conformity capable of uncovering the meaning or practical implications of Islamic law. The argumentation of women's jurisprudence was also adopted from the powerful nash texts, this corresponded to the system of wholeness. Thus with the system of openness and interrelationship, which demands to open wide the thinking of equality to respond to the development of the times. Gender equality view Women's jurisprudence provides answers to these changes in a measured and directed manner, so that Islamic law is always contextual based on the multidimensional system and the meaning of Jasser Auda.","PeriodicalId":400923,"journal":{"name":"MAQASHID Jurnal Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122622347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

PRAKTIK PEMBAGIAN WARIS ADAT DUSUN RECOBANTENG DESA SUWARU KECAMATAN PAGELARAN KABUPATEN MALANG PERSPEKTIF HUKUM ISLAM

MAQASHID Jurnal Hukum Islam Pub Date : 2022-07-04 DOI: 10.35897/maqashid.v5i1.781

B. Ulum

{"title":"PRAKTIK PEMBAGIAN WARIS ADAT DUSUN RECOBANTENG DESA SUWARU KECAMATAN PAGELARAN KABUPATEN MALANG PERSPEKTIF HUKUM ISLAM","authors":"B. Ulum","doi":"10.35897/maqashid.v5i1.781","DOIUrl":"https://doi.org/10.35897/maqashid.v5i1.781","url":null,"abstract":"Islam as the last sawawi religion to come down to this world is certainly equipped with a comprehensive set of rules and teachings. He has perfected the previous Heavenly Religions elegantly and massively. This religion also does not escape introducing a set of rules regarding inheritance, which in general assigns a larger share of inheritance to the male line than the female line.In Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency, there has been a practice of dividing inheritance from generation to generation by way of customary inheritance practices, where the son's share is equal to the daughter's share. Of course this is interesting to study in depth academically from a sharia perspective.The following article seeks to find this perspective by using a socio-anthropological approach combined with a sharia law perspective. From field observations, it was found that the people of Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency share inheritance equally between men and women with consideration of humanity and justice. According to Syar'i, this kind of practice can still be justified by looking at the tasoluh principle, by distributing it first before the father or mother dies, even though the actual acceptance is only carried out after the two people have died.","PeriodicalId":400923,"journal":{"name":"MAQASHID Jurnal Hukum Islam","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114883301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

NALAR HUKUM PRISMATIK DALAM KONTEKS HUKUM NASIONAL 普普通通的国法理性

MAQASHID Jurnal Hukum Islam Pub Date : 2021-12-29 DOI: 10.35897/maqashid.v4i2.685

Akhmad Rudi Maswanto, A. K. Anam

引用次数: 2

TAFSIR FUNDAMENTALIS 口译原教旨主义

MAQASHID Jurnal Hukum Islam Pub Date : 2021-09-23 DOI: 10.35897/maqashid.v4i1.615

Ummu Sa'adah

引用次数: 0

PENCATATAN PERKAWINAN DALAM MULTI PERSPEKTIF 多视角婚姻登记

MAQASHID Jurnal Hukum Islam Pub Date : 2021-05-29 DOI: 10.35897/maqashid.v4i1.617

Muhammad Romli Muar

引用次数: 0

LEGALITY OF CONTRACT IN ISLAMIC LAW PERSPECTIVE 伊斯兰法视角下的合同合法性

MAQASHID Jurnal Hukum Islam Pub Date : 2021-03-06 DOI: 10.35897/maqashid.v4i1.870

Fatkhul Wahab

引用次数: 0

PERNIKAHAN DI BAWAH UMUR PADA MASYARAKAT PESISIR MALANGKE 马兰基沿海社区的未成年婚姻

MAQASHID Jurnal Hukum Islam Pub Date : 2020-11-16 DOI: 10.35897/MAQASHID.V3I2.435

Yunus Salik

{"title":"PERNIKAHAN DI BAWAH UMUR PADA MASYARAKAT PESISIR MALANGKE","authors":"Yunus Salik","doi":"10.35897/MAQASHID.V3I2.435","DOIUrl":"https://doi.org/10.35897/MAQASHID.V3I2.435","url":null,"abstract":"This article discusses early marriage in coastal communities. This study uses quality research. The phenomenon of underage marriage in North Luwu Regency is considered high in recent years. The reasons for early marriage occurring in North Luwu district are poverty and education which influence the occurrence of early marriage. Poverty is one of the causes of inability to access education and unemployment. Without education, there has been a paradigm shift and culture. Furthermore, the static paradigm is one of the reasons for the persistence of culture and customs, including culture and customs that are not prospective. The factors that cause the spouse to be underage because the prospective bride has become pregnant before marriage, is due to the weak economic condition of the community, due to the weak level of education of the community. This causes parents to prefer to marry off their children. The efforts taken by the Head of the Masamba Court, KUA, PPN Officers in minimizing the practice of underage marriage include PPN Officers also coordinating with PPN Assistant Officers who are scattered in each sub-district / village, coordination is carried out in relation to the VAT Assistance function which is the extension of VAT. PPN officers in minimizing the practice of underage marriage are by socializing the Marriage Law, especially regarding the age limit for a person to marry and the importance of registering marriage. The socialization process is carried out when giving wedding sermons and other religious events.","PeriodicalId":400923,"journal":{"name":"MAQASHID Jurnal Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130541205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0