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All Journal El-Mashlahah El-Usrah: Jurnal Hukum Keluarga QOF: Jurnal Studi Al-Qur'an dan Tafsir International Journal of Research
Badarulzaman, Muhammad Hafiz
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia Pelu, Ibnu Elmi AS; Tarantang, Jefry; Fauzi, Ahmad; Badarulzaman, Muhammad Hafiz; Sururie, Ramdani Wahyu; Anwar, Syahrul
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7864

Abstract

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-maslahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of ​​a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of ​​legal governance between compliance with Sharia and state law perfectly through Raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.
Community, Family and Animal Conservation Sustainability in the Perspective of Normative Law and Maqasid Sharia Syaikhu, Syaikhu; Pelu, Ibnu Elmi A.S.; Badarulzaman, Muhammad Hafiz; Ihsan, Reza Noor; Patrajaya, Rafik
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.25085

Abstract

Animal conservation aims to preserve and breed animals to achieve the benefits of a sustainable natural ecosystemincluding community and family. One of the efforts made by the government to provide information and knowledge to the public in an attempt to minimize wildlife hunting is through the legal protection of animals, as stated in Law Number 5 of 1990 concerning the Conservation of Biological Resources and Their Ecosystems, and Government Regulation Number 13 of 1994 concerning the Hunting of Game Animals. The research method used is juridical-normative with a legislative and socio-legal approach. Then, it is linked to the policy of animal conservation, which is examined from the Maqasid Shariah perspective. The research results provided recommendations to the government in creating legislation or decision policies oriented to animals that are not yet rare. These recommendations include educating the public about rare and non-rare animal species, setting educational targets, supporting conservation efforts, and establishing animal breeding programs. Furthermore, from the perspective of Maqasid Sharia, the conservation of these animals falls under the category of daruriyah, which means that the preservation and protection of wildlife are essential for the sustainability and keeping of the Hifz al-Mal element (natural ecosystem wealth).
Exploring The Genetic Implications of Endogamous Marriage In The Qur’an And Science Hanifah, Yulianti; Nasir, Muhammad; Badarulzaman, Muhammad Hafiz; Faridatunnisa, Nor; Rofikoh, Linda
International Journal of Research Vol 2 No 1 (2024): International Journal of Research
Publisher : Institut Agama Islam Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55062//IJR.2024.v2i1/526/5

Abstract

With the advancement of time and scientific knowledge in the medical field, endogamous marriage now encompasses activities that may result in offspring with abnormalities or genetic diseases. This controversial issue has prompted the author to explore the theme of endogamous marriage according to the Qur'an based on Q.S an-Nisa' [4]: 23 and Q.S al-Ahzab [33]: 50 while incorporating a scientific perspective. This article adopts a qualitative approach based on a literature review with primary sources al-Qur’an, then correlates the Koran and science. The findings indicate that according to the Qur'an, endogamous marriage is deemed lawful, appropriate, and safe. From a scientific standpoint, endogamous marriage does not invariably entail the risk of producing offspring with defects or genetic diseases, as such outcomes may occur only if one or both parents carry recessive genes. Therefore, regardless of the type of marriage, the paramount consideration is the health status of the bride and groom. As a solution, the article suggests implementing mandatory pre-marital health screenings, especially for endogamous marriages. This approach aims to facilitate informed decisions in establishing harmonious households and ensuring the birth of healthy offspring.
Contextual Reading of QS. Al-Baqarah [2]: 222 with the Ma'na Cum Maghza Approach Hana, Rima Rayhana; Akhmad Dasuki; Munirah; Badarulzaman, Muhammad Hafiz
QOF Vol. 7 No. 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Keiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qof.v7i2.1725

Abstract

This article examines the meaning of the term i’tizāl in QS. Al-Baqarah [2]: 222 using the analysis of ma’na cum maghza. In this verse, the word i’tizāl is juxtaposed with the word al-maḥīḍ, indicating the command for husbands to abstain from approaching their wives during menstruation. This research involves literature review. The ma’na cum maghza analysis is employed to explore the historical meaning (al-ma’nā at-tārikhī), the historical context (al-maghzā al-tārikhī), and its contextualization into a dynamic meaning (al-maghzā al-mutaḥarrik). The findings indicate that, from a historical perspective, the verse commands avoidance of the menstruation site (al-maḥiḍ), emphasizing abstaining from sexual relations during menstruation rather than avoiding the menstruating wife (al-hāid), as practiced in ancient traditions. The command to abstain (fa’tazilū) is rooted in the inherent pain (adha) of menstruation for women. Historically, the verse signifies (1) the high status of women, (2) the need for protection against physical and mental illnesses, and (3) the importance for spouses to responsibly control reproductive organs for both health and religious reasons. From a dynamic perspective, the verse highlights the significance of reproductive health, crucial for human survival and lineage preservation (hifz al-nasl). Therefore, in other situations such as when a woman experiences abnormal bleeding (istiḥāḍah) or when the husband faces reproductive disorders and sexually transmitted diseases, the command to abstain from intercourse applies, considering its potential negative impacts.
Co-Authors Akhmad Dasuki Faridatunnisa, Nor Fauzi Ahmad Muda Hana, Rima Rayhana Hanifah, Yulianti Ibnu Elmi AS Pelu Ihsan, Reza Noor Jefry Tarantang Muhammad Nasir Munirah Nurwijayanti Patrajaya, Rafik Ramdani Wahyu Sururie Rofikoh, Linda Syaikhu Syaikhu, Syaikhu