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Fiqh Ekologi; Upaya Merawat Lingkungan Hidup Berbasis Konsep Maqashid Syariah Ali Mutakin; Waheeda binti H. Abdul Rahman
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.31

Abstract

Climate change and environmental damage are global issues that affect all humans on earth. Therefore, all levels of society, including Islamic scholars and thinkers, have an obligation to contribute to maintaining the environment to remain sustainable and sustainable. Ecological jurisprudence is a concept of how Islamic teachings can be applied in an effort to protect the environment through an approach based on the concept of maslahat as the core of sharia maqashid. Maslahat (benefit) is one of the important principles in jurisprudence that refers to the noble goal to be achieved in the teachings of this religion, namely the survival of a just, harmonious, and just life. Therefore, the purpose of this study is to analyze how the concept of ecological jurisprudence is applied in order to care for the mashlahat-based environment. To achieve this goal, the method used is the library reseach method using a qualitative approach. The collected data was analyzed using concepts offered by Milles and Huberman, namely data reduction, data presentation and conclusion/verification. The conclusion is that Ecological jurisprudence is a new breakthrough in answering the problem of sustainability and environmental law, so the formulation of the concept of mashlahah is important to build sustainable views and actions on the environment, so as to create a balance of the environment and nature, and ensure long-term benefits for all of God's creation. The concept of mashlahah as the core of maqashid sharia refers to all forms of goodness that have worldly and ukhrawi dimensions, material and spiritual as well as individual and collective.
Itsbat Nikah in the Legality of Marriage Law in Indonesia: Maslahah Mursalah's Perspective Abdul Azis; Ali Mutakin
International Journal of Religious and Interdisciplinary Studies Vol 1 No 1 (2024): March
Publisher : RaSAIL Media Group, Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64529/g7mmmq90

Abstract

Itsbat nikah in Indonesia presents a surprising legal phenomenon because it raises uncertainty about the legality of marriage. The primary purpose of this study is to uncover how itsbat nikah is used as a solution to legally religious marriages that have yet to be officially recorded. The research was carried out with a qualitative approach involving the analysis of literature, legal regulations, and decisions issued by the Religious Court and the Office of Religious Affairs. The study results show that itsbat nikah plays a significant role in legally recognizing marriages that have not been recorded, maintaining legal certainty, and protecting civil rights and inheritance. Implementing itsbat nikah not only meets the legal needs of individuals but also strengthens social order by ensuring that every marriage is legally recognized in society. These findings confirm that itsbat nikah, in the context of maslahah mursalah, supports social justice and legal protection for all Indonesian citizens, emphasizing the importance of this legal mechanism in strengthening the foundation of the family and society.