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All Journal Al Hikmah : Jurnal Studi Keislaman Al Maqashidi : Jurnal Hukum Islam Nusantara
Fathonah K. Daud
Sekolah Tinggi Agama Islam Al-Hikmah Tuban
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Nikah Kontrak Modus Human Trafficking (Kritik Atas Fiqh Munakahah Mazhab Syi’ah) Fathonah K. Daud
Al Hikmah: Jurnal Studi Keislaman Vol. 8 No. 2 (2018): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.714 KB) | DOI: 10.36835/hjsk.v8i2.3388

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Abstract, contract marriage or in fiqh called nikah mutcah is a common thing for Shiahfollowers in Iran. In Indonesia alone, contract marriages also occur in variousregions. The implementation of contract marriages always invited controversy, notonly from the legal side which according to Sunni clerics had been removed, butcontract marriages also invited problems and brought madlarat to the rights of womenand children born after the marriage. For example, in this modern era, the realizationof contract marriages has led to human trafficking. One of the most prominent is in thevillage of Arab Puncak, Bogor, West Java, and the modus of sending female workersabroad which is then traded. This has become a polemic and become a criticism of thefiqh of the Shiah, who still legalize mut'ah marriage. In the practice of marriage whichis limited by a certain time it is actually false (bathil) because it is contrary to Islamicsharia. The principle of marriage is for the sacred purpose of building a family that issakinah, mawaddah wa rahmah and that only happens for permanent marriage (nikahdaim). Keyword: Contract marriage, human trafficking, Shiah jurisprudence
ANALISA PEMIKIRAN MUSDAH MULIA DI MEDIA MASSA TENTANG HOMOSEKSUAL: Kajian Historis, Teologis dan Psikologis Fathonah K. Daud
Al Maqashidi : Jurnal Hukum Islam Nusantara Vol. 2 No. 1 (2019): AL MAQASHIDI : Jurnal Hukum Islam Nusantara
Publisher : UNIVERSITAS NAHDLATUL ULAMA SUNAN GIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1288.091 KB) | DOI: 10.32665/almaqashidi.v2i1.854

Abstract

In 2008 there was a viral article in the media that Siti Musdah Mulia, a professor at UIN Jakarta, had openly supported homosexuals. Homosexual is a condition of interest for other people who have the same sex. The teachings of Islam have been understood to strongly reject homosexuals. This research was focused in the mass media about thoughts which said that homosexual is sunnatullah, which is forbidden in sacred texts more on sexual behavior, not on sexual orientation. While sexual behavior is social construction. Is that really the thought of Musdah Mulia? What about the view of Islamic sacred texts related to Homosexuality? Is it true that homosexuals are given (nature)? The article had a long tail, Musdah was later accused of being a LGBTI pro and legalizing similar marriages. However, she has clarified the news several times that she had never justified homosexuals. She only talked about human rights, including homosexuals who also have the same rights over their bodies.
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