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Desi Yusdian
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Education Social Sciences

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Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara Al Ikhlas; Desi Yusdian; Murniyetti Murniyetti; Nurjanah Nurjanah; Sulaiman Sulaiman
Jurnal Kawakib Vol 3 No 1 (2022): Studi Keislaman
Publisher : Program studi Keagamaan Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v3i1.44

Abstract

The formation of national law which is the basis for realizing justice in Indonesia has gone through a long process. Starting from the entry of Islam into Indonesia and is still ongoing now. In the formation of the national law, there are at least four theories that explain how the struggle for legal sources that have been integrated with Indonesian society has crystallized into the main guideline in regulating the lives of Indonesian people. The sources of law are Religious Law, Customary Law, and Dutch Law. Combining these three sources of law to become national law is not simple. So that clashes often occur which results in the birth of various conflicts in the community. In particular, when the Dutch Colonial tried to apply their laws in Indonesia, they set rules according to their interests in order to strengthen their grip on the colonized country. So to explain how the process of forming national law, there are several theories that can explain it, namely: Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism. This research is in the form of qualitative which tends to be analytical and descriptive. Data were collected from various relevant literature and then analyzed using interactive methods. Thus, the findings of this study are that the theory of Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism explains that national law and religious law have a strong relationship. So national law and religious law will always be united in their principles because the majority of Indonesian people are Muslims.
Uncovering Polygamy: A New Perspective from Al-Majmuʼ Syarh al-Muhadzdzab an-Nawawi through the Lens of Maqāṣid al-Sharīʿah by Jasser Auda Muhammad Danil; Al Ikhlas Al Ikhlas; Desi Yusdian; Fathur Rahmi
Jurnal Kawakib Vol 7 No 1 (2026): Islamic Studies
Publisher : Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v7i1.453

Abstract

Polygamy remains a persistently contested issue within Islamic jurisprudence, intersecting legal, ethical, and social dimensions. This study examines the concept of polygamy as articulated by Imām al-Nawawī in Al-Majmuʼ Syarh al-Muhadzdzab a seminal encyclopedic work of Shāfiʼī fiqh and evaluates it through the systemic Maqāṣid al-Sharīʿah framework of Jasser Auda. Employing a descriptive-analytical library research method followed by a comparative-analytical approach (muwāzanah), this study systematically analyses primary and secondary sources to identify convergences and divergences between classical jurisprudential reasoning and contemporary maqāṣid thought. The findings reveal that al-Nawawī permits polygamy for up to four wives, conditioning it strictly upon material justice (qism and nafaqah) while explicitly recommending monogamy as a prudential preference to avert injustice. Jasser Auda's systemic approach, which prioritises human flourishing, harm reduction (dafʼ al-mafāsid), and contextual holistic justice encompassing emotional, psychological, and social well-being provides a substantially expanded evaluative lens. The comparative analysis demonstrates that, while both perspectives share the foundational telos of justice and welfare, Auda's framework demands an empirical assessment of real-world outcomes, rendering polygamy a highly constrained exception rather than a general permission in contemporary contexts. This study contributes to ongoing scholarly dialogue on the reform of Islamic family law by bridging classical and contemporary maqāṣid methodologies.
Co-Authors Al Ikhlas, Al Ikhlas Fathur Rahmi Muhammad Danil Murniyeeti, Murniyetti Nurjanah Nurjanah Sulaiman Sulaiman