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CONCEPT OF MAQASYID SYARIAH FAMILY SAKINAH IN THE AL-MISBAH TAFSIR BY MUHAMMAD QURAISH SHIHAB Nurhadi Nurhadi; Mawardi Dalimunthe
Akademika : Jurnal Pemikiran Islam Vol 24 No 1 (2019)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

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Abstract

The concept of sakinah family according to Muhammad Qurasih Shihab in Tafsir Al-Mishbah there are ten basic constructs, namely: 1). Marriage unites spirituality (mind) and body. 2). Marriage brings calm. 3). Know each other. 4). Love each other. 5). Love each other. 6). Biological channeling. 7). Sourced from all family members. 8). Its function brings together two large families. 9). Sourced from the heart (heart), then radiated outward in the form of activity (husband and wife). 10). Sakinah family strongly supports the effectiveness of worship to God. Ten constructs, the essence of Maqasyid sharia from the concept of the sakinah family according to Muhammad Quraish Shihab in the interpretation of Al-Mishbah is mahabbatullah (love of Allah). Love (mawaddah) is a tree that thrives in the heart. The root is humility to the lover (warahmah), the trunk is the introduction to him, the branch is fear of God and the creature must not let anyone stain it, the leaves are shy to shame and humiliation, the fruit is the unity of the heart that gives birth to cooperation, the flowers are mutually guarding each other's honor and closing the other's shame, the seed is calm (sakinah), while the water that watering it is remembering and mentioning his name. The thinking of Muhammad Quraish Shihab about sakinah family in the interpretation of al-Mishbah in terms of the development of Islamic family law in Indonesia that the concept of sakinah family is very relevant to the Marriage Law, because his concept according to article 1 is to establish a happy and eternal family based on the Godhead The Almighty. Keywords: Concept, Maqasyid Syariah, and Sakinah Family
Istinbath Hukum Alauddin Al-Kasani Al-Hanafi Tentang Saksi Fasiq Dalam Pernikahan Nurhadi Nurhadi
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Jurai Siwo Lampung, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.2119

Abstract

The implementation of marriage between one of the conditions of marriage is the existence of two witnesses, but to appoint a witness, it cannot be done carelessly such as appointing an evil witness. According to majority scholars, it is illegal to marry under an evil witness because that person is not a just person. Imam 'AlaUddin is of the opinion that it is legal to marry under an unfavorable witness for the following reasons: first, the Law of Ashal; Marriage will not take place if there are no witnesses, but in this case the nature of justice is not necessary but the aim is only to inform the public. Second, the Law of Intellect (ra'yun); Whereas if a poor person comes from the local population / area then he / she legally becomes a witness of marriage. Third, marriages occur in various places, both in villages and in remote areas, if only to find out firsthand whether a witness is fair or not, it will be burdensome and troublesome. Therefore, it is enough to look at the witness's general assessment, without having to know the details whether he or she has ever committed a major sin or not. Imam 'Alauddin took legal sources from the Koran, Hadith, and Istihsan. Based on this method, the ijtihad used by the imam 'Alauddin is a istihsan.