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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam JPM: JURNAL PENGABDIAN MASYARAKAT POSITA Legitima : Jurnal Hukum Keluarga Islam
Zubaidah, Dwi Arini
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Journal : POSITA

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Understanding the Decline in Marriage Rates in Indonesia: a Maqashid Asy-Syari'ah Analysis Using Jasser Auda’s Systems Theory Zubaidah, Dwi Arini
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i1.278

Abstract

Marriage is an important event. In Indonesia, there has been a new trend among Indonesian young people towards postponing marriage. This is in accordance with BPS data, there is a decrease in the marriage rate during 2018-2023. This type of research is doctrinal legal research that a type of research that focuses on understanding and analyzing applicable legal regulations, legal doctrine, and legal rules. Research based on literature from law books, books, journals and the internet. The analysis of this research is based on maqashid asy syari'ah. This research produces several factors that have caused the decline in marriage rates in Indonesia, including: an increase in divorce, fear of the risk of divorce, changes in the mindset of the younger generation and their readiness for marriage. study of factors through the 5 features of Jasser Auda's maqashid asy syari'ah Islamic legal system theory, namely: cognitive character, comprehensiveness, openness, multidimensionality, and purposefulness. Marriage is the right of every human being with legal provisions that vary according to each person's circumstances.
Surrogate Mothers in a Multidimensional Perspective of Legal Regulations in Indonesia Zubaidah, Dwi Arini
Posita: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 (2024)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v2i2.230

Abstract

In practical terms, a surrogate mother is a woman who undergoes pregnancy in a womb rental practice. This type of research is doctrinal law which includes vertical and horizontal synchronization of positive legal rules in Indonesia. The research results are as follows: there are ten factors underlying the use of surrogacy services, namely: infertility, same-sex couples, single individuals, age, medication, adoption is not an alternative, physical problems, past trauma, unable to carry for a long time and personal decisions. Legal regulations in Indonesia regarding surrogate motherhood are regulated implicitly and explicitly and cover reproductive health, the status of children born as a result of surrogacy practices, marriage and Islamic law.
Co-Authors Ahmadi Hasan