Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Tasyri' al Hairy | Journal of Islamic Law
Mustafa, Fitri
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Kekerasan Dalam Rumah Tangga (KDRT) dalam Pernikahan Dini Perspektif Teori Maqashid Syari’ah Mutakin, Ali; Mustafa, Fitri; Khaeruddin, Khaeruddin; Al Falah, Dzia
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.74

Abstract

The concrete age restriction for marriage has been regulated in Law No. 1 of 1974, which was later revised into Law No. 16 of 2019. The law states that marriage will be permitted if both the bride and groom have reached the minimum age of 19. This restriction certainly has a strong philosophical basis ranging from juridical basis to issues of reproductive health and mental readiness (maturity). This  research is a qualitative research with   a statutory approach (statute approach) and a conceptual approach.  Data is obtained through library research, both primary and secondary data sources.  This study concluded that, domestic violence that occurs as a result of marriage carried out by both spouses of the bride and groom where one or both are not old enough as stipulated at 19 years, has a serious impact both on the continuity of the household and others. Maqashid shari'ah whose basis is benefit, either in order to realize the welfare itself or to reject the evil, in order to see the phenomenon of domestic violence that occurs in marriage at an early age. Daf'u al-Dlarar in order to reject domestic violence has at least a significant role to play in resolving such phenomena.
Dekonstruksi Hukum Perkawinan Dalam Islam: Analisis Kritis Terhadap Praktik Kawin Kontrak Di Era Modern: Dekonstruksi Hukum Perkawinan Dalam Islam: Analisis Kritis Terhadap Praktik Kawin Kontrak Di Era Modern Mustafa, Fitri; Fuad , Fokky; Mawariza , Putri; Suthon , Habib; Aziz, Jhon Kenedy
al Hairy | Journal of Islamic Law Vol. 1 No. 1 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i1.14

Abstract

The practice of contract marriage or muwaqqat marriage raises complex problems in the contemporary Islamic legal and ethical order. This article examines this phenomenon from the perspective of classical and contemporary jurisprudence, maqāṣid al-syarī'ah, as well as positive legal regulations in Indonesia. This study shows that contract marriage is not only contrary to the principle of mitsāqan ghalīẓan in Islam, but also has social implications that are detrimental to women and children, especially due to the absence of legal protection. The disharmony between Islamic law and national law exacerbates this situation, exacerbated by the absence of explicit regulations prohibiting the practice. A deconstructive approach to marriage law is needed to dismantle the permissive legal structure against covert exploitation. Through the framework of maqāṣid al-shari'ah and progressive Islamic ethics, this article offers a new legal construction that is just, responsive, and in favor of vulnerable groups. The results of this study are expected to make a real contribution to the advocacy of family law policies based on the values of substantive justice and the protection of human rights.
Co-Authors Al Falah, Dzia Aziz, Jhon Kenedy Fuad , Fokky Khaeruddin Khaeruddin Mawariza , Putri Mutakin, Ali Suthon , Habib