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All Journal Ulul Albab: Jurnal Studi Islam Al-Ahkam Al-Mawarid Jurnal Hukum Islam Sawwa: Jurnal Studi Gender Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum AL-HUKAMA´ Al-Daulah : Jurnal Hukum dan Perundangan Islam Al-Qalam Dialogia: Jurnal Studi Islam dan Sosial Al Hurriyah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam Jurnal Hukum Islam Indonesian Journal of Interdisciplinary Islamic Studies (IJIIS) Al-Hukama: The Indonesian Journal of Islamic Family Law The Sociology of Islam
Ita Musarrofa
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqasid Sharia Jasser Auda Theory: Systems Approach to Islamic Family Law in the Digital Era Musarrofa, Ita; Muttaqin, Husnul
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8979

Abstract

The digital era is characterized by the rapid use of information technology in daily human interactions. The telepresence feature of the virtual world, which allows for remote interactions, presents unique challenges for Islamic family law, which in some provisions requires the physical presence of parties when conducting contracts. Problems that arise include issues such as the validity of online marriage contracts (ijab kabul), fulfilling sexual needs of long-distance relationship (LDR) couples online, divorce and reconciliation via social media, and so forth. This paper aims to examine Jasser Auda's thoughts on maqasid Sharia using a systems approach by conducting a content analysis of Jasser Auda's main works in the field of maqasid Sharia. Jasser Auda's proposal is then tested for its ability to address the issues of family law in the virtual world. The six system features offered by Jasser Auda as a problem-solving method are highly relevant in providing solutions to the emerging issues of Islamic family law in the digital era. The features of openness and purposiveness provide ample room for society to freely leverage the potential of the digital world without losing authenticity to the primary Islamic texts. These features allow for the incorporation of digital customs (`urf) as a category of `urf that can serve as a legal basis in determining the rulings for various activities occurring in the virtual world.
Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im Musarrofa, Ita
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (566.541 KB) | DOI: 10.15642/ad.2013.3.2.260-278

Abstract

The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Na'im, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Na'im seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.
Reconstructing the Concept of Khalwat Sahihah in the Digital Era: An Analysis of Scholars' Legal Perspectives Musarrofa, Ita; Sa'adah, Mazro'atus
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8234

Abstract

The digital era has opened up the possibility of long-distance sexual relations for married couples, commonly known as cybersex. This article aims to examine the relevance of cybersex between married couples with the debated concept of khalwat sahihah in the interpretations of various Islamic legal schools. Can long-distance sexual relations, such as cybersex, be categorized as khalwat sahihah with legal implications for dowry (mahar) and waiting period (iddah)? Then what are the legal consequences for dowry and iddah? Data on cybersex is collected from websites, and online articles about cybersex, as well as from research on cybersex that has been conducted. On the other hand, data regarding the debates among scholars from various Islamic legal schools (mazhab) about khalwat sahihah is gathered from books on comparative jurisprudence authored by Wahbah Zuhaily and Abdurrahman al-Jaziri. The data is then analyzed using content analysis and examined through the lens of the theory of maslahah. The research findings suggest that cybersex between husband and wife cannot be equated in terms of legal status with physical sexual intercourse, as cybersex entirely precludes physical contact. Cybersex is more relevant to the concept of khalwat sahihah, the law of which is being debated by school scholars. Cybersex is more relevant to the concept of khalwat ṣaḥīḥah, which remains a debated issue among scholars from different Islamic legal schools (mazhab). According to the viewpoints of the Shafi'i and Maliki schools, cybersex between a husband and wife results in an obligation to pay only half of the dowry (mahar). In the Shafi'i school, divorce following the occurrence of cybersex does not obligate the wife to observe the waiting period (iddah). However, according to the Maliki school, the wife is still obligated to observe the waiting period (iddah). In the Hanafi and Hanbali schools, cybersex obligates the husband to pay half of the dowry (mahar) and requires the wife to observe a waiting period (iddah) similar to that after a divorce (iddah talak bain). To fulfill the sexual needs of LDR (Long Distance Relationship) couples, cybersex has maslahah value depending on the condition of each individual's sexual needs. Cybersex is only a means (wasā'il) that can change in realizing the goal (ahdāf) of building a marital relationship that is sakinah, mawaddah and rahmah.
Co-Authors Adnya, Salsabeela Amaliyah, Ridha Aulia Avan Rachman Firdaus, Zahrotul Holilur Rohman Husnul Muttaqin Mochammad Rofyal Muzakki Muzakki, Mochammad Rofyal Nisak, Sofiatun Rachman, Aulia Avan Sa'adah, Mazro'atus Salsabeela Adnya Sa’adah, Mazro’atus Sofiatun Nisak Zahrotul Firdaus