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Journal : Madani: Multidisciplinary Scientific Journal

Analisis Maslahah Mursalah Terhadap Dispensasi Nikah Karena Kehamilan di Luar Nikah A, Abriansyah; A, Ativa; Maloko, M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10517647

Abstract

This article analyzes the value of maslahah mursalah in the marriage dispensation for pregnancy out of wedlock. This research study is a type of library research with a normative-empirical legal approach. Meanwhile, the type of data analysis is qualitative-descriptive. This research found that the phenomenon of out-of-wedlock pregnancies for minors is still widespread in social life institutions. One way to get married is to apply for a marriage dispensation. In the marriage dispensation there are maslahah mursalah values, including the community getting legal certainty and justice at the same time as minimizing harm.
Pengaruh Perubahan Sosial Terhadap Peran Gender dalam Masyarakat di Kecamatan Manggala Kota Makassar Perspektif Hukum Islam Salsabila, Shabrina Syifa; Kadafi, Muh.; Maloko, M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10497603

Abstract

Culture and religion have an important role in shaping values, norms and views regarding gender roles and status in society. Viewed from a contemporary perspective, the influence of culture and religion on gender justice Perspektif Kontemporer is very complex and varied. Culture can influence gender equality by reinforcing unequal gender views and judgments between men and women. Religion also plays an important role in gender justice in a contemporary perspective. Certain religious interpretations and practices can reinforce unequal gender norms and roles. There are several religions that have rules and traditions that give men higher power than women in social and religious structures. The aim of the research is to understand how culture and religion influence gender justice from a contemporary perspective. The method used in this research is an exploratory oriented qualitative research method which attempts to analyze research problems from reading sources by applying content analysis. Researchers use qualitative research to examine the results of previous research and to interpret a phenomenon scientifically. Data collection techniques were carried out through documentation techniques from various journals, proceedings, online news and relevant books. The results of this research show that there is a better understanding of the influence of culture and religion on gender justice from a contemporary perspective. The conclusion of this research is to show that a better understanding of the influence of culture and religion will be able to build a society that is more inclusive and equal between all individuals, regardless of gender.
Reformasi Mazhab Fiqh Terhadap Tuntutan Penyelesaian Masalah Konteporer Adil, Syafaat Muhammad Wildan; Maloko, M. Thahir; Hasan, Hamzah
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 6 (2025): July 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15922770

Abstract

The renewal of Islamic law essentially rests on something that already exists, then undergoes a qualitative change as a product of interactions in community life. It can be said that the process of Islamic legal renewal is viewed as something autonomous, but it also interacts with other elements in society so that it becomes interdependent. Therefore the concept of renewal of Islamic law demands the presence of an adaptive attitude, with the social conditions of the society in which it interacts. Thus, the renewal of Islamic law must be undertaken in response to the demands of change occurring among the society. The reform of schools in Islamic Law is carried out as an attempt to implement the Islamic law of Ijtihad, namely the results of ijtihad scholars who have lost their actual power in the context of today by re-studying by the competent authorities and ijtihad against new issues that have never been discussed by scholars. In the course of history, Islamic law has been a dynamic and creative force. This is characterized by the presence of various sects with different patterns and characteristics, according to the socio-historical and political background in which they grew and developed. In the paradigm of classical jurisprudence there are five principles that allow Islamic law to develop according to time namely 1) Principle of Ijma, 2) Principle of Qiyas, 3) Principle of Maslahah Mursalah, 4) Principle of maintaining Urf. Islamic law