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POLYGAMY IN THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 1974 AND THE EGYPTIAN FAMILY LAW NUMBER 100 OF 1985 FROM THE PERSPECTIVE OF ISLAMIC LAW AND MAQASHID SHARIA Irsan; Koto, Alaiddin; Jamal, Khairunnas
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 2 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i2.480

Abstract

ndonesia is currently in a state of emergency for adultery. The National Commission on Human Rights of the Republic of Indonesia, on its official website (2019), informs that the number of commercial sex workers (PSK) in Indonesia reaches around 230,000 people. This condition should be of concern to the government as a regulator. This research aims to analyze and compare the polygamy regulations in the Law of the Republic of Indonesia Number 1 of 1974 and the Egyptian Family Law Number 100 of 1985 from the perspective of Islamic law and maqashid sharia. This research is library research. The data analysis technique in this research is content analysis and comparison. This research concludes that first, in the polygamy regulations in Indonesia, there are requirements that are very difficult to fulfill by most husbands who want to be polygamous, namely that the court only grants permission to be polygamous if the first wife or wives are in an incurable disability or illness, cannot bear offspring, and must be with the consent of the first wife or wives. Meanwhile, the polygamy regulations in Egypt include requirements that can generally be fulfilled by husbands who want to practice polygamy, namely that they only have to explain their marital status in the marriage certificate, make a statement letter including the names of their wives and their places of residence, and the notary must notify the first wife about the new marriage. Then, polygamy can be carried out officially without permission from the court. Second, the polygamy regulations in Indonesia and Egypt are basically both built on maslahah considerations, but what distinguishes the two is that in the polygamy regulations in Indonesia there are provisions, as mentioned above, are not relevant to Islamic law because the potential harm that will arise is greater than the maslahah that will be achieved. The polygamy regulations in Egypt are all relevant to Islamic law. Third, the polygamy regulations in Indonesia and Egypt are basically both able to facilitate the realization of maqashid sharia, but what distinguishes the two is that in the polygamy regulations in Indonesia there are provisions, as mentioned above, that can hinder the process of realizing two maqashid sharia, namely protecting religion and offspring. The provisions of polygamy in Egypt are all relevant to maqashid sharia, especially in terms of protecting religion and protecting offspring. The theory found in this research is kullu tanzhimin mabniyyin 'ala al-masya'ir wahdaha, fa-inna mafsadatahu takunu a'zham min al-mashlahah al-murad tahqiquha (every regulation that is built on the consideration of feelings alone, then the mafsadah will be greater than the maslahah to be achieved). This theory is strengthened by the finding that 73.01% of polygamy requests in Indonesia were rejected, even though 34.8% of them were approved by the old wives.
Analysis of the Nature Marriage in the Perspective of Islamic Family Law Norcahyono, Norcahyono; Koto, Alaiddin; Hanafi, Muhammad; Mulyani, Ridha; Safitri, Noraya
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.43

Abstract

Marriage is a strong bond that creates peace, happiness, and love (harmony). However, the reality is that disharmony is currently the reason for divorce. The couple's lack of knowledge about the nature and purpose of marriage is the main factor in this disharmony. According to Islamic family law, this research aims to analyze the nature of marriage and the responsibilities of husband and wife in marriage. This research uses a qualitative method with a descriptive-analytical approach. Data sources were obtained from Islamic legal sources such as the Alquran, Hadith, translations of fiqh books, Islamic legal literature, and journals. The data collection technique in this research is documentation of these sources. The main source of Islamic family law discusses the nature of marriage in guiding muslim families to build and care for the family so that it becomes an ideal and happy family. The results of this research show that: i) the nature of marriage from the perspective of Islamic family law ii) the five responsibilities of the husband in the family and the six responsibilities of the wife in the muslim family are by the Alquran and Hadith.
TRANSFORMASI HUKUM KELUARGA ISLAM DI INDONESIA: Telaah Pemikiran Rifyal Ka’bah Asmaret, Desi; Koto, Alaiddin; M, Afrizal
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 12 No. 2 (2019)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2019.12203

Abstract

This research discusses about Rifyal Ka'bah’s idea on the transformation of  Islamic family law to become the national law. This research focuses on how does Rifyal Ka’bah formulate the methods of the transformation of Islamic family law into national law? What is the influence of  the idea of the transformation to the development of Islamic legal thought in Indonesia? This research is a type library research with qualitative descriptive analysis.This research argues that Rifyal Ka’bah believes that gradual transformation of Islamic family law to become National law is the best way to make Islamic family law going down to earth. This can be performed by the issuance of judge's decision with a fair and consistent attitude. From the perspective of theoretical Islamic law, it is very useful to  use of ra'y and urf as sources of Islamic law after al-Qur’an, Hadis, and Ijma’ through the process of ijtihad jamā'i and tarjih. Rifyal Ka'bah has given significant influences to the emergence of various efforts of Islamic jurists in revising laws and regulations in accordance with the substance contained in Islamic law, jurisprudence guided by judges throughout Indonesia and changes in the mindset judges to apply the theory of diyāni and qaḍā 'i.Penelitian ini mengkaji pemikiran Rifyal Ka’bah dalam mentransformasikan hukum keluarga Islam menjadi hukum Nasional. Permasalahan utamanya: Bagaimana pemikiran dan sikap Rifyal tentang transformasi hukum keluarga Islam? Apakah metode penggalian hukum yang diterapkan Rifyal? Bagaimana posisi dan pengaruh pemikiran Rifyal dalam khazanah pemikiran hukum Islam di Indonesia? Penelitian bertujuan mewujudkan harmonisasi syari’at Islam dengan hukum Nasional. Penelitian ini menggunakan metode penelitian pustaka dengan analisis deskriptif kualitatif. Temuan penelitian: Pertama, Pemikiran dan sikap Rifyal Ka'bah tentang transformasi hukum keluarga di Indonesia adalah mengubah fikih munakahat menjadi hukum Nasional, yakni memasukkan substansinya berangsur-angsur melalui putusan hakim dengan sikap adil dan konsisten. Kedua, metode penggalian hukum Rifyal Ka'bah adalah pengembangan metodologi uṣul al-fiqh dengan menempatkan ra'yu dan urf sebagai sumber hukum Islam setelah Alquran, hadits dan Ijma’ melalui metode ijtihad jamā'i dan tarjih. Ketiga, Pemikiran Rifyal Ka'bah mempengaruhi berbagai upaya para ahli hukum Islam dalam merevisi hukum dan peraturan sesuai dengan substansi hukum Islam, yurisprudensi yang dipedomani oleh hakim seluruh Indonesia, dan perubahan mindset hakim untuk menerapkan teori diyāni dan qaḍā'i.
POLYGAMY IN THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 1974 AND THE EGYPTIAN FAMILY LAW NUMBER 100 OF 1985 FROM THE PERSPECTIVE OF ISLAMIC LAW AND MAQASHID SHARIA Irsan; Koto, Alaiddin; Jamal, Khairunnas
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 2 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i2.480

Abstract

ndonesia is currently in a state of emergency for adultery. The National Commission on Human Rights of the Republic of Indonesia, on its official website (2019), informs that the number of commercial sex workers (PSK) in Indonesia reaches around 230,000 people. This condition should be of concern to the government as a regulator. This research aims to analyze and compare the polygamy regulations in the Law of the Republic of Indonesia Number 1 of 1974 and the Egyptian Family Law Number 100 of 1985 from the perspective of Islamic law and maqashid sharia. This research is library research. The data analysis technique in this research is content analysis and comparison. This research concludes that first, in the polygamy regulations in Indonesia, there are requirements that are very difficult to fulfill by most husbands who want to be polygamous, namely that the court only grants permission to be polygamous if the first wife or wives are in an incurable disability or illness, cannot bear offspring, and must be with the consent of the first wife or wives. Meanwhile, the polygamy regulations in Egypt include requirements that can generally be fulfilled by husbands who want to practice polygamy, namely that they only have to explain their marital status in the marriage certificate, make a statement letter including the names of their wives and their places of residence, and the notary must notify the first wife about the new marriage. Then, polygamy can be carried out officially without permission from the court. Second, the polygamy regulations in Indonesia and Egypt are basically both built on maslahah considerations, but what distinguishes the two is that in the polygamy regulations in Indonesia there are provisions, as mentioned above, are not relevant to Islamic law because the potential harm that will arise is greater than the maslahah that will be achieved. The polygamy regulations in Egypt are all relevant to Islamic law. Third, the polygamy regulations in Indonesia and Egypt are basically both able to facilitate the realization of maqashid sharia, but what distinguishes the two is that in the polygamy regulations in Indonesia there are provisions, as mentioned above, that can hinder the process of realizing two maqashid sharia, namely protecting religion and offspring. The provisions of polygamy in Egypt are all relevant to maqashid sharia, especially in terms of protecting religion and protecting offspring. The theory found in this research is kullu tanzhimin mabniyyin 'ala al-masya'ir wahdaha, fa-inna mafsadatahu takunu a'zham min al-mashlahah al-murad tahqiquha (every regulation that is built on the consideration of feelings alone, then the mafsadah will be greater than the maslahah to be achieved). This theory is strengthened by the finding that 73.01% of polygamy requests in Indonesia were rejected, even though 34.8% of them were approved by the old wives.