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All Journal Tasyri' Jurnal Hukum Islam Adh Dhiya Journal of The Quran and Tafseer Studies
Muhtolib, Muhtolib
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Tasyri'

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Upaya Penyelesaian Pernikahan Beda Agama: Analisis Istidlal Fakhruddin ar-Razi Dalam Kitab al-Mahshul Fi Ilmi Ushul Muhtolib, Muhtolib; Muhsin, Muhsin
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.134

Abstract

Interfaith marriage is a classic problem that is always interesting to discuss because the legal products found in this problem are contradictory. The purpose of writing this article is to describe the method of tafsir ahkam Fakhr al-Din Ar-Razi in al-Mahshul Fi Ilmi Ushul al-Fiqh, to solve the problem of interfaith marriage by using the istidlal method. The approach used in this writing is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in libraries, such as books and articles. The conclusion of this article shows that the effort to solve religious marriage when viewed with istidlal fakhruddin ar-Razi in the book al-Mahshul fi Ilm al-Ushul by using the concept of permissible and the concept of Takhsis al-Maqtu bi Al-Maqtu' (Takhsis dalil qath'i with dalil qath'i) between QS. al-Baqarah [2]: 221 ditakhsis with QS. al-Maidah[5]: 5, then it is permissible on condition that he is an Ahl Kitab. As for Ahl Kitab in the disclosure of the Qur'an da, Jews and Christians as the obvious Ahl al-Kitab. But those who mention other religious groups, namely the Magi and Shabi'in, let alone Buddhists, Hindus and Khong Hucu are not part of Ahl al Kitab, or do not belong to the Ahl al-Kitab community at all,
Upaya Penyelesaian Pernikahan Beda Agama: Analisis Istidlal Fakhruddin ar-Razi Dalam Kitab al-Mahshul Fi Ilmi Ushul Muhtolib, Muhtolib; Muhsin, Muhsin
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.134

Abstract

Interfaith marriage is a classic problem that is always interesting to discuss because the legal products found in this problem are contradictory. The purpose of writing this article is to describe the method of tafsir ahkam Fakhr al-Din Ar-Razi in al-Mahshul Fi Ilmi Ushul al-Fiqh, to solve the problem of interfaith marriage by using the istidlal method. The approach used in this writing is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in libraries, such as books and articles. The conclusion of this article shows that the effort to solve religious marriage when viewed with istidlal fakhruddin ar-Razi in the book al-Mahshul fi Ilm al-Ushul by using the concept of permissible and the concept of Takhsis al-Maqtu bi Al-Maqtu' (Takhsis dalil qath'i with dalil qath'i) between QS. al-Baqarah [2]: 221 ditakhsis with QS. al-Maidah[5]: 5, then it is permissible on condition that he is an Ahl Kitab. As for Ahl Kitab in the disclosure of the Qur'an da, Jews and Christians as the obvious Ahl al-Kitab. But those who mention other religious groups, namely the Magi and Shabi'in, let alone Buddhists, Hindus and Khong Hucu are not part of Ahl al Kitab, or do not belong to the Ahl al-Kitab community at all,
From Patriarchy to Heteroarchy in Islamic Family Law: Conceptualization of Equal Partnerships Between Husband and Wife Hurnawijaya, Hurnawijaya; Muhtolib, Muhtolib
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.348

Abstract

The relationship between men and women in Islamic family law has often been understood through a patriarchal framework that positions men as the dominant party in the family structure. This understanding often gives rise to legal and social practices that have the potential to obscure the principles of justice and partnership that are the fundamental spirit of Islamic teachings. This article aims to analyze and reconstruct the husband-wife relationship in Islamic family law through a heterarchical approach, as an alternative to the patriarchal paradigm. This research uses qualitative methods with a normative-conceptual approach, through an analysis of classical and contemporary Islamic legal sources, as well as a literature review on gender relations theory. The results of the study indicate that the concept of heterarchy—which emphasizes non-hierarchical and complementary relationships—is consistent with the basic principles of Islamic family law, such as justice ('adl), partnership (musyārakah), and mutual protection (wilāyah mutabādilah). This article argues that the husband-wife relationship in Islam is not superior-inferior, but rather functional and contextual, depending on the capabilities and agreements of each party. Thus, the heterarchical approach can be a relevant conceptual framework in efforts to reform Islamic family law to make it more responsive to contemporary social dynamics without relinquishing its normative foundation.
Co-Authors Adnan , Nurul Ilyana Muhd Berizi, Ahmad bt Abdul Rahman, Waheeda Hisam Ahyani Hurnawijaya, Hurnawijaya Muhsin Muhsin Nurhasana, Nurhasana Parhan, Parhan Rahmawati, Rahmawati