Yusuf Baihaqi
Pascasarjana Universitas Islam Negeri Raden Intan Lampung

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Pandangan Hukum Islam tentang Hidup Serumah setelah Talak Bain Kubra di Desa Way Urang Lampung Selatan Ayub Sutiawan; Abdul Qodir Zaelani; Maimun Maimun; Yusuf Baihaqi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i1.10393

Abstract

This study aims to analyze the perspective of Islamic law on the practice of cohabitation after the occurrence of talak bain kubra (triple divorce), focusing on a literature-based analysis of primary Islamic legal sources such as the Qur’an, Hadith, scholars’ opinions, and classical as well as contemporary fiqh literature. This research is a library study (library research) employing normative juridical and conceptual approaches. Data were obtained through a review of classical fiqh texts from the four schools of thought (madhhab), Qur’anic exegesis, scholarly works, and legal provisions related to Islamic family law. The findings indicate that, according to Islamic law, cohabitation between a man and a woman after the occurrence of talak bain kubra is prohibited and considered unlawful (haram). Based on the Qur’an, Surah Al-Baqarah (2:230), it is stated that if a husband divorces his wife for the third time, it is not lawful for him to remarry her unless she has lawfully married another man and that marriage ends naturally. This view is supported by the majority of scholars from the Shafi‘i, Hanafi, Maliki, and Hanbali schools, who agree that talak bain kubra completely dissolves the marital bond (faskhun nikah), and a remarriage can only occur after the condition of tahlil has been fulfilled in accordance with Sharia. The analysis of fiqh literature further reveals that cohabitation without a valid marriage contract after talak bain kubra contradicts the principles of ‘iffah (chastity) and hifz an-nasl (protection of lineage), which are integral parts of the objectives of Islamic law (maqasid al-shari‘ah). From a social standpoint, such practices often arise due to low Islamic legal literacy, economic constraints, and misconceptions regarding the concept of ruju‘ (reconciliation) in Islam. This study concludes that cohabitation after talak bain kubra, from the perspective of Islamic law, constitutes a clear violation of definitive (qat‘i) religious injunctions. Therefore, it is necessary to enhance public understanding through Islamic legal education and scholarly-based religious outreach to ensure awareness of the legal boundaries governing marital relations after a triple divorce.
Equality in the Qur'an: Analysis of the Interpretation of QS. Ali ʻImran [3]:195 and Its Relevance to Contemporary Gender Discourse Fina Nuriah Rohimatil Umah; Ahmad Isnaeni; Yusuf Baihaqi
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3337

Abstract

This study departs from the numerous discussions on gender equality that are always echoed by feminists. The discourse on gender equality in contemporary Islamic discourse continues to undergo dynamics, especially when some circles consider that the interpretation of the Qur'an still contains gender bias. Based on considerations of controversy and life context, this study focuses on examining the interpretation of QS. Ali ʻImran {3}: 195 and its relevance to the discourse on gender equality. This study is a pure literature study with primary data from QS. Ali ʻImran {3}: 195. This study also uses documentation data collection techniques and descriptive and content analysis data analysis. The results of this study show that this verse emphasizes that Allah and His Messenger do not discriminate between human deeds based on gender. Both men and women have the same position and status in the eyes of Allah as long as they are believers and are willing to fight in the way of Allah. Allah will give the same reward for their deeds without favoring one gender over another. This is certainly relevant to the gender equality that is being promoted today, that there is no difference between the deeds/actions of men and women. All of them must be valued and given the same appreciation.