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All Journal Kalimah Jurnal Studi Agama dan Pemikiran Islam Sawwa: Jurnal Studi Gender El-Mashlahah Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum JURNAL MAHKAMAH Jurnal Ilmiah Al-Syir'ah Syariah: Jurnal Hukum dan Pemikiran Al-Maslahah DIVERSI : Jurnal Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Mutawasith: Jurnal Hukum Islam Shar-E: Jurnal Kajian Ekonomi Hukum Syariah Al-Mujtahid: Journal of Islamic Family Law Al-Istinbath: Jurnal Hukum Islam Borneo : Journal of Islamic Studies At-Tasyrih: Jurnal Pendidikan dan Hukum Islam AL-SULTHANIYAH Lunggi Journal
Asman Asman
Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Normative Analysis of the Maqāṣid Al-Syarī‘ah Theory on Pre-Marital Women's Health Screening Asman Asman; Mohamed Aamer
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.2900

Abstract

This study discusses the urgency of premarital health checks for women from the perspective of maqāṣid al-sharīʿah by emphasizing how the values of benefit can address contemporary issues related to women's reproductive health. One of the issues raised is whether premarital checks, which in some regions are beginning to be directed as administrative requirements, have the potential to marginalize women, especially if applied asymmetrically only to prospective brides. Thus, this study formulates two main questions: (1) how does maqāṣid al-sharīʿah view premarital health checks for women? and (2) can premarital checks be categorized as a hajj necessity or even elevated to darūriyyāt under certain conditions? This study uses a qualitative method with a normative nature through a literature study approach. Data were collected from fiqh literature, contemporary fatwas, national regulations, and reproductive health studies. They were then analyzed using the maqāṣid al-sharīʿah framework, which focuses on the five main objectives of Syarī‘ah, specifically the preservation of the soul and the preservation of the nasl. The results of the study indicate that premarital health checks, especially for women, are generally categorized as hajj because they aim to preserve the soul and prevent harm after marriage. However, under certain conditions, such as the potential for transmission of genetic diseases or infectious diseases, these examinations can be elevated to the category of darūriyyāt. The study also emphasizes that the obligation of premarital checks must be applied fairly and symmetrically to men and women to avoid bias or administrative marginalization. These findings contribute to strengthening policies at the Office of Religious Affairs (KUA), the development of gender-responsive national regulations, and the development of welfare-oriented family jurisprudence.
Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia Asman Asman; Marilang Marilang; Kurniati Kurniati
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1256

Abstract

This article explains how the Existence of the Marriage Agreement in the Sambas Community of the Indonesia-Malaysia Border. Based on the pros and cons of the Sambas Malay Society, especially about the marriage agreement regarding taklik talak as a marriage agreement in Islam. With qualitative research methods that are phenomenological observations in the field, the author wants to describe how the existence of divorce taklik talak as a marriage agreement in Islam itself and its practice in the Sambas Malay Community and the reasons for the pros and cons of religious leaders. Almost every prospective husband and wife in marriage to the Sambas Malay Community does not say sighat taklik talak by the husband to his wife after the ijab qobul consent. Sighat taklik talak only knowing that it has been written or listed in a marriage book without being notified to the husband and wife. Although divorce taklik talak has written in the marriage certificate is not an obligation to say. Still, once taklik talak has said, the taklik talak cannot be revoked again. If an agreement with a husband and wife did not fulfil by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The study concludes that the pros and cons of divorce taklik talak as a marriage agreement in Islam cause a lack of knowledge about Marriage Law Number 1 of 1974 article 29 regarding marriage agreements and the Compilation of Islamic Law (KHI) Article 46 concerning taklik talak. And the lack of socialization of related parties from KUA through religious counsellors and BP4 in Sambas.
Co-Authors Abi Hasan Achmad Musyahid Idrus ADI TRIA PUTRA Ahmed Ahmed ASMIRA ASMIRA CICI INDRIANI Dian Fariani Han Huazheng Huang Congzhao Kurniati Marilang MAYANG ROSANAN Mohamed Aamer Nilhakim Nilhakim Resali bin Muda Tamrin Muchsin Zainal Amaluddin Zarul Arifin