对Iwadh Khulu的妻子的拒绝:一个Maqasid伊斯兰教法的观点

A. Arfiana, M. B., Malkan Malkan
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引用次数: 0

摘要

在前伊斯兰时代,女性被认为是肮脏和令人不安的形象。他们被认为是没有价值和从属的存在,他们的存在会导致许多问题。他们没有个人独立性,他们的权利可能被剥夺,他们的身体可能被贩卖或通过家庭传递,这使他们处于不稳定的境地。在这种情况下,妇女被认为不值得受到人道对待。在Buol摄政,问题一直与这个iwadh khulu有关。在这种情况下,妻子没有收到交给她的iwadh khulu'的报酬,因为在结婚期间,妻子受到丈夫的不当对待,例如不给她和她的孩子提供生计,经常没有消息而独自一人,而且丈夫经常对妻子实施家庭暴力。基于此,研究人员有兴趣进一步研究这个问题,并撰写了一篇题为“从Maqashid伊斯兰教法的角度拒绝妻子对Iwadh Khulu的拒绝(Buol宗教法院的案例研究)”的论文。本研究使用的方法是定性的。通过观察、访谈和文件收集数据。分析通过数据简化、数据展示和验证来完成。为确保获得的数据有效可信,对数据的有效性进行了分析和检查。这项研究的结果表明,在Buol地区,妻子拒绝iwadh khulu'是基于精神上无法接受她在婚姻期间所承受的所有负担。在maqasid sharia看来,这被包括在Hifdz Akl和Hifdz Nasl中,因为在面对Khulu'(离婚诉讼)时,只有基于妻子的精神状况才会拒绝。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Rejection of Wife towards Iwadh Khulu': A Maqasid Sharia Perspective
Women were perceived as having a nasty and disturbing image in pre-Islamic times. They are considered worthless and subordinated beings whose presence causes many problems. They have no personal independence, their rights can be taken away from them, and their bodies can be trafficked or passed down through the family, which puts them in a precarious situation. Women are considered not worthy of being treated humanely in these circumstances. In Buol Regency, problems have been related to this iwadh khulu'. In this case, the wife did not receive the iwadh khulu' payment that was handed down to her because, during the time of marriage, the wife was treated improperly by her husband, such as not given a living to support her and her children, often being left alone without news, and not infrequently the husband commits domestic violence to the wife. Based on that, the researchers are interested in further researching this issue and have written a thesis entitled "Rejection of Wife towards Iwadh Khulu from a Maqashid Sharia Perspective (Case Study at the Buol Religious Court). The approach used in this research is qualitative. Data was gathered through observation, interviews, and documentation. The analysis was done through data reduction, data presentation, and verification. To ensure that the data obtained was valid and credible, analysis and checking of the validity of the data were carried out. The results of this study indicate that the wife's rejection of iwadh khulu' in the Buol district is based on a mental inability to accept all the burdens she has received during the marriage period. In the view of maqasid sharia, this is included in Hifdz Akl and Hifdz Nasl because refusal is made only based on the wife's mental condition in facing Khulu' (Divorce Lawsuit).
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