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All Journal TARBIYA ISLAMIA : Jurnal Pendidikan dan Keislaman
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FATWA ULAMA TENTANG HUKUM NIKAH MISYA>R PERSPEKTIF MAQA>S}ID SHARI>’AH Mas adah, Mas adah
TARBIYA ISLAMIA : Jurnal Pendidikan dan Keislaman Vol. 11 No. 1 (2021): TARBIYA ISLAMIA
Publisher : Islamic Education Department, Islamic University of Majapahit (Universitas Islam Majapahit) Mojokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36815/tarbiya.v11i1.1133

Abstract

Misyar marriage is a model of marriage which can be defined as an official marital, relationship between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. The muslim scholars have difference opinion about the law of the such marriage. Like any other isues in Islam, it has been a point of controversy and argument, especially among theologians. In this case, some allow, some prohibit and some others are in quo status called tawaqquf in deciding the rule and regulation of such marriage. This study examines the opinions of contemporary muslim scholars based on maqa>s}id shari>’ah perspective, to see which opinion should be prioritized and selected by considering aspects of maqa>sid shari>’ah in connection with marital contexts, and considering its benefits and harms as a result of the maqa>s}id shari>’ah. The method used in this study was library research or text study (study of documents). The results of this study concluded that the banning of misya>r marriage -certaintly in the context of Indonesian society – was mostly in line with maqa>sid shari>’ah in a broad sense, that is, to achieve its benefits and pre-vent its disadvantages. (yang dikurung boleh dihilangkan sekedar tambahan)
Rekonstruksi, Keladillan, Pollil Rekonstruksi Keadilan Poligami Dalam Hukum Perkawinan Islam Di Indonesia : Rekonstruksi Keadilan Poligami Dalam Hukum Perkawinan Islam Di Indonesia Mas adah, Mas adah; A'la, Abd
TARBIYA ISLAMIA : Jurnal Pendidikan dan Keislaman Vol. 15 No. 2 (2025): TARBIYA ISLAMIA
Publisher : Islamic Education Department, Islamic University of Majapahit (Universitas Islam Majapahit) Mojokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36815/tarbiya.v15i2.4230

Abstract

Polygamy is a classic issue but is still interesting to study. The basis used is QS an Nisa verse 3. According to Musdah, this verse talks about how to provide protection for orphans. Even if polygamy is practiced, it is one breath with the protection of orphans. Therefore, the law of polygamy is haram lighayrih because the condition of its permissibility is justice which includes material and immaterial is very difficult to achieve. The prohibition of polygamy because of justice to his wives becomes the legal illat. The Marriage Law in Indonesia in regulating polygamy does not seem to be fair to women and views women as sub ordinate. While Musdah's thinking about polygamy in positive law in Indonesia is Article 3 paragraph (1) of Law No.1 of 1974 reads "Basically in a marriage a man can only have one wife. However, on the other hand, it provides a loophole for polygamy, even a maximum of four wives. This permission contains inconsistencies, because on the one hand it confirms the principle of monogamy but on the other hand it gives leeway to husbands to polygamy even though it is limited to four wives with several reasons but all the reasons for allowing polygamy are in favor of the husband's interests without considering the interests of the wife. It appears that the wife is an object to be polygamized and the inconsistency where the principle of marriage is monogamous but still provides a loophole for polygamy. This research aims to analyze Musdah Mulia's thoughts on polygamy justice in Islamic law and positive law in Indonesia. The method used by the author in writing is descriptive normative legal research method, the result of this research analysis is a critical study analysis of Siti Musdah Mulia's thoughts on polygamy justice in Islamic law and positive law in Indonesia
Co-Authors A'la, Abd