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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DE JURE PALASTREN Isti`dal : Jurnal Studi Hukum Islam WAJAH HUKUM Journal of Islamic Law Jurnal Indonesia Sosial Sains
Mayadina Rohmi Musfiroh
Universitas Islam Nahdlatul Ulama (UNISNU) Jepara
Religion Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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The Urgency of Maslahah in the Formulation of Fatwa and Legislation in Indonesia: An Analytical Study Musfiroh, Mayadina Rohmi; Saqr, Fatma Mohamed Mansour; Syahriar, Alfa
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.37242

Abstract

The concept of public interest (maslahah), as developed by traditional Islamic jurists, is regarded by as gender-neutral. It is essential to incorporate a gender perspective that ensures equitable consideration of maslahah for both men and women in the formulation of fatwas and legislative products. Without this perspective, legal decisions may be biased and unjust. This research aims to analyze the concept of maslahah as articulated by Imam Al-Ghazali, Ash-Syatibi, and the Indonesian Women Ulema Congress (KUPI), and to identify the most pertinent interpretation of maslahah for the formulation of fatwas and legislation in Indonesia. The study employs a qualitative data collection model through literature review and descriptive-comparative data analysis. The primary findings indicate that the concept of maslahah has evolved over time, transitioning from its foundational idea focused on public welfare considerations during the 5th century Hijri to a practical concept that has often overlooked women's experiences as active subjects. In the contemporary context, KUPI expands upon the parameters of benefit established by earlier scholars by incorporating affirmative benefits for women. However, the integration of women's experiences in the formulation of maslahah tends to be contextual rather than universal, influenced by varying situations, conditions, cultures, and diverse contexts. This article contributes to ongoing discussions regarding law-making in Indonesia by highlighting the importance of incorporating aspects of affirmative maslahah for women and vulnerable groups, as well as the necessity to revise existing regulations to enhance affirmative maslahah for women and their families.
Marriage Fear in Woman Who are Fatherless Perspectives of Islamic Law and Family Psychology Masruroh, Siti; Musfiroh, Mayadina Rohmi; Hudi, Hudi
Jurnal Indonesia Sosial Sains Vol. 6 No. 3 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i3.1667

Abstract

Many fatherless women experience anxiety about marriage, which causes many women to marry at a very mature age. Marital anxiety can arise due to difficult past experiences, repeated feelings of worry, and, worst of all, not trusting other people, especially those of the opposite sex. This can give rise to various conflicts both for yourself and when you have a partner later. Regarding commitment, uncertainty about the future, and repetition of bad relationship patterns are the beginnings of various problems that become a stronghold for self-defence. Many of them choose to live without having relationships with the opposite sex. This article aims to explore the anxiety of women who experience fatherlessness, both in terms of the factors that cause them to choose to live single longer and even choose not to marry. This seems very warning to others, especially from the perspective of Islamic Law and Family Psychology. In this article, it is intended that anxiety about marriage will be reduced a little, although not completely, but just a little bit of their approach will also think about how the world should continue. This research uses descriptive qualitative research methods with semi-structured interviews and unstructured observations focusing on the criteria for women aged 20-35 years and relying on journal articles, literature and online magazines as other supporting media. The results of this article can be concluded that the four subjects who had marriage anxiety had reasons including factors related to non-hormonal family background, past experiences, social expectations and environmental pressure, uncertainty about partners, emotional and mental readiness, and demographic factors that made them afraid of having a serious relationship. In this article, it is found that anxiety tends to appear as a form of wrong self-protection, apart from that, families, the environment, and academics and practitioners are expected to design more effective support programs, especially for couples who want to continue their relationship in a more serious direction, providing a comfortable and safe space.
Co-Authors Amrina Rosyada Hakim, Putri Rahmah Nur hudi, hudi Irwan Irwan Muhammad Idkholus Surur Nur Naila Izza Razick, Ahamed Sarjoon Sabila, Awwalia Indah Sahiron Syamsuddin Sahiron Syamsuddin Saqr, Fatma Mohamed Mansour Sintang, Suraya Siti Masruroh Syahriar, Alfa