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Journal : Asy-Syariah

Choosing a place to live in maintaining family resilience: The perspective of maqashid al-usrah Arifandi, Saddam; Rouf, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 2 (2025): Asy-Syari'ah: Jurnal Hukum Islam, June 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i2.2097

Abstract

: The obligation of a husband to provide a residence for his wife is one of the key aspects of Islamic marriage. However, many couples still live with their parents or in-laws due to economic limitations, potentially affecting family dynamics. This study aims to analyze the most appropriate place to live after marriage in maintaining family resilience from the perspective of maqashid al-usrah according to Jamaluddin 'Athiyyah. Using a normative legal approach and qualitative analysis of literature, this study applies seven indicators of maqashid al-usrah to evaluate different residential patterns. The findings show that living independently in one's own home is more conducive to achieving family harmony, especially in terms of maintaining marital intimacy, minimizing parental interference, and strengthening the husband's leadership role. Among the seven indicators, tahqiq al-sakn wa al-mawaddah wa al-rahmah and tandhim al-janib al-mu’assasi li al-’usrah are the most influential. In conclusion, while living with parents or in-laws is not inherently negative, residing in an independent home is more aligned with the objectives of Islamic family resilience.
Penerapan konsep istihalah pada hukum vaksin measles rubella: Analisis hukum dalam pandangan imam madzhab Rouf, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 1 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The majority of Muslim intellectuals are of the opinion that seeking medical treatment is obligatory. This is different when it comes to the consumption of medicine from a haram element. Currently, there is much debate about the measles rubella vaccine (MR-vaccine) regarding the legality of its use according to Shara' because it contains pork and human organs. Considering that the Minister of Health will provide the MR-vaccine for newborns (immunity), the Indonesian Ulema Council (MUI) issued a haram fatwa against the MR-vaccine, but it becomes permissible with the principle of sharia rules, namely dharurat. According to researchers, this is ambiguous in taking legal formulation. Whereas there is the concept of Istihalah in making the MR-vaccine which makes a haram element halal. This research is a descriptive-qualitative research, using the literature method with a tarjih approach, and using primary and secondary data in the research. This research produces: First, the rubella vaccine is legal even though it contains pork or human organs, not because of the element of emergency, but it has changed from the original haraam form to something else, both from the dzatiyah and nature. Second, the concept of istiḥalah using the al-tafa'ul al-kimiyawa method is the strongest basis for stating that the rubella vaccine is halal and pure.
Urgency of reforming the zakat management system in Indonesia Su’udi, Muhammad Arif; Kusnadi, Egi Hadi; Rouf, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 1 (2025): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i1.1958

Abstract

BAZNAS is an institution authorized to manage zakat nationally. In terms of calculating the percentage of zakat according to the law, it is not the main task of BAZNAS, but is left to the muzakki themselves. This is contrary to the spirit in the concept of zakat itself (khudh min amwalihim sadaqah). Among the impacts of the ineffectiveness of the system that is most felt is the distance between the potential and the amount of zakat that BAZNAS has managed to collect. The potential for zakat in Indonesia reaches 327 trillion per year, while the acquisition of zakat in 2023 is only 20 trillion. This research is a normative legal research with a conceptual-descriptive approach and use the legal content analysis technique. The theoretical framework used in this study is the concept of the spirit of zakat management and the concept of zakat as a public financial instrument. The conclusion obtained from this study is the need for system reform through strengthening the position and more attention by the state to BAZNAS as a trusted institution in the eyes of Muslims, so that it can be relied on to be used as part of public revenue institutions. In addition, BAZNAS also needs to change the perspective that zakat is an initiative of muzakki to pay it, but must be more active in "picking up the ball" to come to the regions to explore the potential of existing zakat.