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All Journal Jurnal Syariah, Hukum, dan Ekonomi Islam
Muhammad Zaki Tamami
İslam Ilimleri, Selçuk Üniversitesi, Turkiye

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A Comparative Analysis of Abū Ḥanīfa’s and Imām Mālik’s Views on Nikāḥ Taḥlīl Muh. Syakur; Sarmiyati; Muhammad Zaki Tamami; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.616

Abstract

This study examines the legal perspectives on nikah muhallil (or nikah tahlil) according to Imam Abu Hanifah and Imam Malik, highlighting the differences in their jurisprudential methodologies and ethical considerations. Nikah muhallil refers to a marriage conducted to render a woman lawful for her first husband after she has been divorced three times (talāq thalāthah). Using a qualitative doctrinal and comparative approach, this research analyzes classical fiqh texts, prophetic traditions (hadith), and scholarly interpretations to understand the reasoning behind each scholar’s position. The findings indicate that Imam Abu Hanifah permits nikah muhallil under certain conditions, emphasizing the validity of the marriage contract even if conditional terms are attached, while considering the intention of the second husband as relevant to the moral evaluation. In contrast, Imam Malik strictly prohibits marriages arranged solely to circumvent the prohibition of returning to a former spouse, asserting that such acts invalidate the contract and are morally equivalent to zina (fornication/adultery).The study concludes that both approaches, though differing in legal reasoning and ethical emphasis, contribute to the development of Islamic family law by balancing formal legal validity with moral and spiritual considerations. This comparative analysis provides insight into how classical juristic methodologies can inform contemporary applications of Islamic marital law.
The Role of GKMNU in Reducing Stunting in Glapansari Village, Temanggung: An Analysis of Maqashid al-Shariah Eka Mahargiani Rokhma; Sumarjoko; Yuda Ardian; Muhammad Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.698

Abstract

This study analyzes and evaluates the role of the Nahdlatul Ulama Family Welfare Movement (GKMNU) in Glapansari Village, Temanggung, in addressing the high prevalence of stunting as an effort to achieve the objectives of Maqashid al-Shariah, particularly the protection of future generations (hifz al-nasl). This village was selected because it has the highest stunting rate in Temanggung Regency, which negatively affects children’s growth and development. GKMNU implements a comprehensive program based on religious values, including health and nutrition counseling for pregnant women, education on Islamic parenting patterns, and spiritual strengthening. GKMNU views stunting as a complex issue requiring not only medical intervention but also religious and moral guidance, in line with the principle of protecting offspring within Maqashid al-Shariah. The program also supports the prevention of early marriage by referring to Law No. 16 of 2019, which stipulates the minimum marriage age of 19 years, aiming to protect children and ensure family sustainability. Despite challenges such as limited nutritional awareness, economic constraints, and cultural barriers, the findings emphasize that the synergy of GKMNU as an agent of social change and a facilitator of programs integrating religious values with national legal regulations is essential for creating healthy and dignified families in a sustainable manner. This family-based approach involving all family members is considered effective in preventing stunting.
Co-Authors Eka Mahargiani Rokhma Muh. Syakur Sarmiyati Sumarjoko Yuda Ardian