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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Rusdi Rizki Lubis
Universitas Islam Indonesia
Religion

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Konsep Etis Religius dengan Pendekatan Maqashid Syariah Perspektif Thaha Abd Al-Rahman Edo Segara Gustanto; Asmuni Asmuni; Rusdi Rizki Lubis
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i1.1341

Abstract

This study aims to understand and analyze the concept of religious ethics in the Maqasid al-Shariah approach according to Thaha Abd al-Rahman. The method used is a qualitative method with a philosophical approach and textual analysis. Data were collected through literature studies, interviews, and document analysis. The results of this research indicate that the thoughts of Thaha Abd Al-Rahman provide valuable contributions to the development of a contextual, ethical, and relevant Islamic paradigm for the current era. By integrating alternative modernity concepts, belief as a foundation, religious ethics, and maqasid shariah, Taha Abd Al-Rahman forms a solid foundation for the realization of a just, equitable, and ethical society in the modern era. The implication of this research is that the concept of religious ethics in the Maqasid al-Shariah approach by Taha Abd al-Rahman can be a guide for Muslims in their daily lives. It is recommended that educational institutions, both formal and informal, introduce this concept to the community to improve their understanding of religious ethics in Islam.
Reconstruction of Obligatory Bequest in the Perspective of the Objectives of Islamic Law: Contextualizing Islamic Law in a Case Study of The Secret Wife in Polygamous Marriage Rusdi Rizki Lubis; Asmuni Asmuni; Tamyiz Mukarrom; Candra Boy Seroza; Muhammad Irfan
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.3809

Abstract

The concept of obligatory bequest (wasiat wajibah) represents a significant development in the reform of Islamic family law in Indonesia. While normatively regulated in Article 209 of the Compilation of Islamic Law (KHI), which mandates obligatory bequests to adopted children and adoptive parents, recent jurisprudence and Supreme Court Circulars have broadened its application. Courts have extended obligatory bequests to include non-Muslim heirs, stepchildren, children born out of wedlock, and more recently, to sirri (unregistered) wives in polygamous marriages. This study employs a qualitative method with both normative-juridical and empirical-juridical approaches, using maqāṣid al-sharīʿah (the objectives of Islamic law) as the analytical framework. The key contribution of this research lies in its doctrinal and jurisprudential reconstruction of obligatory bequest to encompass sirri wives—a group previously excluded from formal inheritance rights. It argues that Religious Court judges may justifiably grant obligatory bequests to sirri wives under specific conditions: (1) the legally registered wife was aware of the sirri marriage yet chose not to report it; (2) the sirri wife demonstrably fulfilled her marital duties; and (3) the marriage lasted for more than five years and was characterized by harmony and mutual support. This study thus contributes to the ongoing reform of Islamic inheritance law by offering a more inclusive and justice-oriented interpretation aligned with contemporary social realities and maqāṣid al-sharīʿah
Co-Authors Asmuni Asmuni Candra Boy Seroza Edo Segara Gustanto Muhammad Irfan Tamyiz Mukarrom