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All Journal MAHAKIM: Journal of Islamic Family Law Tribakti: Jurnal Pemikiran Keislaman
Abdulloh Munir
Institut Agama Islam Negeri Kediri
Religion Humanities Education Social Sciences

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Konsep Perceraian Di Depan Sidang Pengadilan Perspektif Maqasid Al-Syari’ah Ibnu Asyur Abdulloh Munir
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.416 KB) | DOI: 10.30762/mahakim.v3i2.86

Abstract

The occurrence of divorce, which is increasing from year to year, cannot be separated from the public understanding about divorce, where it can be done anytime and anywhere by the husband. This is a problem that must be resolved, even if it is not suitable to Imam Shafi’i’s opinion, namely the divorce must be applied before a court hearing. This problem must be solved through maqasid sharia. Ibnu Asyur provides solutions; the Qur’an is the greatest and most definite source and contains more than one meaning, the determination and occupation of the problem must be carried out textual and contextual study deeply. The research purpose is to reveal maqasid sharia in the determination of divorce must be applied before the court hearing, especially Ibnu Asyur’s perspective. The method is descriptive qualitative by technique of data reduction, data display and taking conclusion. The results prove the divorce rate from 2015-2018 shows an increase. So according to Ibnu Asyur, Sharia texts are not only studied textually, but are contextual by considering the consequences of divorce and procedures that must be obeyed, and based on human nature in marriage, egalitarian between husband and wife, and freedom of attitude and opinion.
Maintaining the Social Environment: Urgency and Principles in Maqasid Al-Shariah Abdulloh Munir; Kusnadi Kusnadi
Tribakti: Jurnal Pemikiran Keislaman Vol. 35 No. 2 (2024): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v35i2.5417

Abstract

The persistent challenges within the social environment remain a critical area of inquiry, particularly given the intertwined relationship between humanity and the environment that necessitates protection. Integrating Maqasid Al-Shariah with social environmental issues is essential for developing a comprehensive framework for safeguarding this environment (hifz al-bi'ah al-ijtima'iyyah). This study attempts to delineate the scope of maintaining the social environment and to identify actionable steps that can be synergized between society, government, and the guiding principles of Maqasid Al-Shariah. Utilizing a literature-based research methodology, this study employs analytical techniques in data reduction, data display, and conclusion drawing from primary references on Maqasid Al-Shariah and selective studies on the social environment. The findings reveal the critical importance of contextualizing Qur'anic and Hadith arguments related to the social environment, emphasizing care, protection, and the development of both natural and human resources. This approach leverages the inherent qualities of human beings as God's creations, including their intellect and spirit, to promote collective benefit. Novel contributions of this research include the application of Islamic values to control social and environmental degradation, an understanding of human nature's interaction with the social environment, and the implementation of amar ma'ruf nahi munkar within this context, supported by government intervention. The implications of this study underscore the need for a comprehensive and mutually agreed-upon concept of environmental protection, aligned with Islamic values, between government and society.
Co-Authors Kusnadi Kusnadi