Rifki Rufaida
Institut Agama Islam Nazhatut Thullab Sampang

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Women's Reproductive Health Rights in the Tradition of Consanguineous Marriage at the Madura Islamic Boarding School Rifki Rufaida; Mohammad Thoyyib Madani
Alfuad: Jurnal Sosial Keagamaan Vol. 9 No. 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jsk.v9i1.14903

Abstract

Women's reproductive health rights mean the authority of a woman to obtain a healthy condition, whether physically healthy, psychologically healthy and socially healthy, which is related to her reproductive system and reproductive processes. Women's reproductive health rights have been regulated in many Indonesian laws, namely the 1945 Constitution, Article 28H, Law No. 39 of 1999 concerning Human Rights (HAM), Law No. 23 of 2002 concerning Child Protection, Law No. 17 of 2023 in conjunction with Law No. 36 of 2009 concerning Health, and Article 5 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. (PKDRT). Taking a closer look at women's reproductive health rights, especially in the tradition of consanguineous marriages that occur in Madura Islamic Boarding Schools, the law is considered to provide little guarantee regarding women's reproductive health rights. Therefore, this incident requires legal protection to safeguard and/or maintain society in order to achieve justice, because in essence the aim of the law is to achieve justice. Fulfilling justice for women in reproductive health rights is a form of realizing women's human rights (HAM). The research method used is empirical legal research; obtained from interviews and real behavior carried out through direct observation. Meanwhile, the approach used in this research is a descriptive qualitative approach. The results of the research found, firstly, that there is neglect of women's reproductive health rights in the consanguineous marriage tradition in Madura Islamic boarding schools, such as the right to choose a partner, secondly, the right to enjoy sexual relations, thirdly the right to determine pregnancy, fourthly the right to care for and care for children, and fifthly, limited access to information about women's reproductive health rights.
Konsep Al-baiyyinah dan Implkasinya Terhadap Amal Perbuatan Manusia (Qs Al-Baiyyinah ayat 1-8) serta Zihar dalam Qs Al-mujadillah ayat 1-4 Perspektif Tafsir Maqasid: onsep Al-baiyyinah dan Implkasinya Terhadap Amal Perbuatan Manusia (Qs Al-Baiyyinah ayat 1-8) serta Zihar dalam Qs Al-mujadillah ayat 1-4 Perspektif Tafsir Maqasid Siti Farida; Mohammad Thoyyib Madani; Rifki Rufaida
AL -ALLAM Vol. 7 No. 2 (2026): JULI
Publisher : LP2M Institut Agama Islam Nazhatut Thullab Sampang

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Abstract

Abstract This study aims to analyze the concept of Al-Bayyinah in QS. Al-Bayyinah [98]: 1-8 and the concept of Zihar in QS. Al-Mujadilah [58]: 1-4, as well as to explore their implications for the dynamics of human actions through the lens of Maqashid Tafsir (the objectives of Islamic law). This study is a qualitative library research employing a descriptive-analytical method based on intertextual approaches to both classical and contemporary exegesis (tafsir) books. The results demonstrate that from the perspective of Maqashid al-Shariah, QS. Al-Bayyinah centers on Hifzh ad-Din (preservation of religion) and Hifzh al-’Aql (preservation of intellect) by emphasizing that all righteous deeds must be rooted in clear evidence (bayyinah) and sincerity to attain Allah's pleasure. Meanwhile, QS. Al-Mujadilah verses 1-4 reforms the pre-Islamic Jahiliyyah tradition of zihar as a manifestation of Hifzh an-Nasl (preservation of lineage/family) and Hifzh an-Nafs (preservation of soul/honor) to protect women's rights within the marital institution. This study concludes that both concepts imply the necessity of reconstructing human deeds, both in the theological-spiritual realm (sincerity in action) and the socio-domestic domain (linguistic accountability and kaffarah sanctions), to foster just well-being (maslahah) in this world and the hereafter. Keywords: Al-Bayyinah, Zihar, Human Actions, Maqashid Tafsir, Maslahah.