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Journal : Al-Risalah : Jurnal Imu Syariah dan Hukum

THE ESSENCE OF POLYGAMY AND ITS ASSOCIATION WITH INDONESIAN MARRIAGE LAW Muh. Zaitun Ardi; Mujiburrahman
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.26486

Abstract

This study aims to explain the substance of the possibility of polygamy and its relevance to Indonesian marriage law. Polygamy has existed in the pre -Islamic era until today. Islam does not forbid and advocate polygamy, but Islam came to regulate and limit the rules of Polygamy. The substance of polygamy can be seen from the context or nash of polygamy as well as Arab history in the Jahiliyyah period. Contextually Nash, Polygamy is allowed for widows and orphans with a limit of four wives and conditions of fairness. This verse was revealed because many Muslims died during the battle of Uhud which affected the high number of widows and orphans left to die with worrying conditions in terms of economic, social and educational. women are the property of their own wealth. So with this response, women are likened to animals and goods that can be traded regardless of a woman's rights. Basic Law of Polygamy in Islam Qur’an which puts forward the principles of justice and welfare in emergencies. The relevance of the provisions on polygamy in Marriage and the Compilation of Islamic Law is not fully in line with the substance or nash of the ability of polygamy in Islam but has led to the basis of Qur’an with the principle of justice, creating benefits and prevent damage. The reason for the possibility of polygamy is that there are more women than men and if monogamy continues to be maintained then there will be many practices of prostitution. This study uses a qualitative approach with the type of library research, which is a series related to the methods of collecting library data, reading, taking notes and processing research materials. The approach of seeking information from the problem that is being tried to find the answer. So, the theory of approach used is the legal approach, the normative approach and the descriptive approach. The subject of this thesis research is a descriptive approach, which describes polygamy in the Marriage Law in Indonesia from the perspective of Islamic jurisprudence. Furthermore, it examines the relevance of the provisions of polygamy in the Marriage and the Compilation of Islamic Law because it is not fully in line with the substance or text of the permissibility of polygamy in Islam.
TA'ĀRUF ONLINE PERSPECTIVES ON FIQHIYYAH METHODS: DAR’U AL-MAFĀSID AULĀ MIN JALB AL-MAŞĀLIH Rahim, Asrianto; Misbahuddin; Mujiburrahman; Nurfaika, Sitti; Razak, Abd. Rahman; Ramoddin; Zainuddin
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.37266

Abstract

Ta'aruf is one of the realms of social interaction which is the door to building a relationship between human beings in general. This has been discussed in the Qur'an which is a book that contains instructions for humans, that humans are created with different shapes or characters. The goal is for people to get to know each other. In other terms known as the term ta'aruf earlier. However, in this discussion the word ta'aruf is interpreted more specifically as an effort to recognize the opposite sex to be a life partner. So, ta'aruf is part of the initial stages before building a lasting relationship, namely marriage. Related to this, the law or sharia whose function is to fill the space for all community behavior, also follow these developments so that they can always provide explanations about new things that arise. The aim is to be able to provide legal certainty regarding a new lifestyle that is developing in society. This study uses the library method, namely by collecting as much data as possible from previous research and then concluding it into new research, it is intended that this research will later become one of the sources for similar discussions.