ANALISIS TERHADAP HASIL PEMIKIRAN YUSUF QARDHAWI BERKENAAN NIKAH MISYAR STUDI KOMPARASI ANTARA ULAMA NU DAN MUHAMMADIYAH KOTA MALANG

The purpose of this research is to find out the views of NU and Muhammadiyah scholars in Malang regarding Yusur Qardhawi's thoughts regarding misyar marriage. This research falls under the umbrella of qualitative descriptive research or empirical studies. Sort the information collected from interviews and documents into primary, secondary, and tertiary data, then edit, categorize, verify, and analyze. Based on these findings, the following can be put forward the views of NU and Muhammadiyah Malang clerics regarding Yusuf Qardhawi's fatwa regarding misyar marriage: first, NU and Muhammadiyah Malang ulema are of the view that misyar marriage is permissible as long as the conditions and pillars are met. On the second point, NU and Muhammadiyah clerics in the city of Malang said that maqashidun marriages in misyar marriages are possible but underutilized. Third, NU and Muhammadiyah clerics in the city of Malang are of the view that only a small part of the rights and obligations of husband and wife are fulfilled in misyar marriages. There is a strong tendency among NU scholars, especially those leaning towards the Shafi'i school, to consult the canonical works of the four schools in forming their own opinions. Muhammadiyah scholars, meanwhile, cite the Al-Qur'an and as-Sunnah as their main sources; they can also cite additional opinions from one of the four schools of thought, but only if both are authoritative and do not conflict with the Qur'an and As-Sunnah.

Isbat Nikah Poligami Ditinjau dari Maslahah mursalah Al-Shatiby: Studi SEMA Nomor 3 Tahun 2018

The presence of SEMA Number 3 of 2018, which prohibits polygamy marriage, hurts women. This is because women do not have legal power over their marriages and cannot access the legal umbrella through the only way, namely the isbat of marriage. The logical consequence of this is that when their husbands neglect siri polygamous women, women undoubtedly have difficulty demanding their rights and difficulties in giving up their status. This study seeks to dissect the interests of polygamous siri women by considering aspects of their benefit. The study's focus is to answer how the position of polygamous marriage when juxtaposed with women's interests is still prohibited or allowed. The study carried out was a normative study with the maslahah mursalah Al-Shatiby as the analysis tool. The final hypothesis illustrates that it is precisely the prohibition of marriage to have an impact on women. This is because the maslahah of prohibiting marriage is assumptive, while the negativity of a woman whom her husband ignores is factual. Therefore, the prohibition of SEMA number 3 of 2018 must be re-read and studied more deeply in the interests of polygamous women in siri.   Abstrak: Hadirnya SEMA Nomor 3 tahun 2018 yang melarang isbat nikah poligami berdampak mudlarat atas perempuan. Pasalnya perempuan tidak memiliki kekuatan hukum atas pernikahannya dan tidak bisa mengakses payung hukum melalui satu-satunya jalan yakni isbat nikah. Konsekuensi logis dari hal tersebut adalah ketika perempuan poligami siri diabaikan oleh suaminya, niscaya perempuan kesulitan menuntut haknya dan kesulitan pula melepaskan statusnya. Kajian ini berusaha membedah kepentingan perempuan poligami siri dengan mempertimbangkan aspek kemaslahatannya. Fokus kajian guna menjawab bagaimana kedudukan isbat nikah poligami jika disandingkan kepada kepentingan perempuan apakah tetap dilaranga atau diperbolehkan. Telaah yang dilakukan bersifat kajian normatif dengan maslahah mursalah Al-Shatiby sebagai pisau analisisnya. Hipotesa akhir menggambarkan bahwa justru pelarangan isbat nikah berdampak mudlarat kepada perempuan. Sebab maslahah pelarangan isbat nikah bersifat asumtif sedang kemudlaratan perempuan yang diabaikan suaminya bersifat faktual. Oleh karena itu pelarangan SEMA nomor 3 tahun 2018 harus dibaca ulang serta dikaji lebih dalam demi kepentingan perempuan yang dipoligami siri.

Compilation of Islamic law: a social-political study of the legislation of Islamic law in the New Order Period

Family law has been the heart of Shari‘ah and the major area of Islamic law that has remained largely applicable in Muslim countries of today. While most areas of Islamic law have been replaced by modern Western legal codes, Muslim family law has provided the major are of Islamic reform. Change in family law is significant both as an index of social change and as an illustration of Islamic reform, its methodology and problems. Reform of Islamic law demonstrates that Shari‘ah can be revitalized; it is not a fixed and permanent entity but able to be changed to fit new circumstances. Like any other reformed codes in many Muslim countries, the Compilation of Islamic Law of 1991 has shown that when the government began to introduce legal reform in family law, they found the resources of Islamic law responsive to the prevailing needs of the community

Compilation of islamic law : a socio-political study of the legislation of islamic law in the new order period/ Yasin

viii, 159 hal.18 cm

The Fatwa of the Council of Indonesian Ulama on Inter-religious Marriage

The Qur'anic text states that it is lawful to marry women from among the People of the Book, while in the prophetic tradition it is reported that the Prophet himself had a non-Muslim wife. However, the campaign to propagate Christianization which had been tirelessly carried out by well-organized missionary organizations was reported to have successfully christianized segments of the Indonesian population especially in the heathen hinterland and among outer island tribes. Given the circumstances, the Muslim leaders and ulama perceived inter-religious marriage as a hidden Christianization. The increasing incidence of inter-religious marriage raised the concern of the Indonesian Council of Ulama. Responding to this problem, in June 1, 1980 the Council issued a fatwa which explicitly prohibits a Muslim to marry a non-Muslim. Even though the position adopted by the fatwa was quite a radical departure from the prevalent opinion in classical fiqh text, this legal opinion is still within the permissible frame of Islamic legal theory of maslahah (beneficial theory). This legal theory is encapsulated in the Syafi'i school's legal maxim stating that “Dar'u al-mafsid muqaddam ‘al jalb al-maslih” (Preference is given to the prevention of harm than toattainment of benefit

Compilation of Islamic law: a social-political study of the legislation of Islamic law in the New Order Period

Family law has been the heart of Shari‘ah and the major area of Islamic law that has remained largely applicable in Muslim countries of today. While most areas of Islamic law have been replaced by modern Western legal codes, Muslim family law has provided the major are of Islamic reform. Change in family law is significant both as an index of social change and as an illustration of Islamic reform, its methodology and problems. Reform of Islamic law demonstrates that Shari‘ah can be revitalized; it is not a fixed and permanent entity but able to be changed to fit new circumstances. Like any other reformed codes in many Muslim countries, the Compilation of Islamic Law of 1991 has shown that when the government began to introduce legal reform in family law, they found the resources of Islamic law responsive to the prevailing needs of the community

Compilation of islamic law : a socio-political study of the legislation of islamic law in the new order period/ Yasin

viii, 159 hal.18 cm

Compilation of islamic law : a socio-political study of the legislation of islamic law in the new order period/ Yasin

viii, 159 hal.18 cm