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Conservatism on Islamic Legal Maxims: Judicial Interpretation of Polygamous Marriage at the Religious Courts of Mojokerto, Indonesia Hadi, Mukhammad Nur; Islamiyah, Latifatul; Kurniawan, Cecep Soleh
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1637

Abstract

This article explores religious judges’ interpretations of Islamic legal maxims through a content analysis of 30 verdicts that granted permission for husbands’ polygamous marriages issued by the Religious Court of Mojokerto in Indonesia from 2020 to 2022. Despite governmental efforts to restrict polygamous marriage practices due to potential negative consequences, religious judges often grant permission to husbands, considering a balance between maṣlaḥah (public good) and mafsadah (harm). Employing a normative-philosophical approach, this article identifies two recurring Islamic legal maxims consistently applied by judges: “dar’u al-mafāsid muqaddamun ‘alā jalb al-maṣāliḥ” and “idhā taʼārada mafṣadaṭānī rūʼiya aʼẓamuhumā ḍararan bi al-’irtikābi akhaffihimā.” However, their legal interpretations regarding maṣlaḥah and mafsadah reinforce the husband’s interest in the case of polygamous marriage. Thus, the authors argue that the interpretations of these legal maxims in practice reflect a conservative perspective that strengthens patriarchal hierarchies. These findings highlight that Islamic legal maxims as legal principles within Islam have not yet effectively functioned as an instrument of protection for vulnerable groups, especially women and children.
Akuntansi Kewajiban Pemerintah Perspektif KHES dan PP No. 24 Tahun 2005 tentang Standar Akuntansi Pemerintahan: Indonesia Islamiyah, Latifatul; Faidati, Ashima
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.1.97-120

Abstract

Accounting for government obligations is regulated in government regulation (PP) number 24 of 2005 in government accounting standards statement No.09 (PSAP) concerning Liability Accounting. Liabilities are debts arising from past events, the settlement of which resulted in an outflow of government economic resources. In the context of government, obligations arise, among others, due to the use of sources of financing originating from loans. These loans can come from the public, financial institutions, other governments, or international institutions. Government obligations also occur due to engagements with employees working for the government, responsibilities to the broader community, namely benefits, compensation, compensation, allocation/reallocation of income to other entities, or obligations with other service providers. Government obligations can also arise from procuring goods and services from third parties that have yet to be paid by the government at the end of the fiscal year. In KHES Concerning, accounting for obligations has been regulated in Chapter IV concerning Accounting for KHES Liabilities, which consists of 16 articles (Articles 765 to 780).