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All Journal Al-'Adalah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Qodsiyah, Bagus Haziratul
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions Dahlan, Abdurrahman; Qodsiyah, Bagus Haziratul; Azizah, Azizah; Asmawi, Asmawi; Hejazziey, Djawahir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.17552

Abstract

This study aims to explore and analyze al-Buti's thoughts on maslahah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Ḍār al-Iftā al-Miṣriyah in Egypt, Ḍār al-Iftā al-‘Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Buti's concept of maṣlaḥah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maṣlaḥah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāṣid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiẓ al-dīn), and (ii) the urgency of maṣlaḥah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.
Online Marriage During the Covid-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia Hakim, Abdul; Qodsiyah, Bagus Haziratul
al-'adalah Vol 19 No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.10720

Abstract

Online Marriage During the COVID-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia. Online marriage is a new social phenomenon that has emerged since the arrival of the COVID-19 virus outbreak in all corners of the world. This phenomenon is widely discussed by people everywhere and is motivated by the desire to carry out pre-planned marriages and not wanting to postpone them. This study aims to discuss the above social phenomena from the point of view of fiqh, maqāshid al-sharīa, and fatwas in several Muslim countries. This type of research is qualitative in the form of a literature study using a conceptual and socio-legal approach. Based on the results of the study, it can be concluded that the views of fiqh and fatwas in Muslim countries regarding online marriage are divided into two: Some allow it because they regard virtual meetings as meetings in one place (ittihād al-majlis) and consent and qabūl can be witnessed by both witnesses; but some forbid it because there is no physical and essential ittihād al-majlis, there are no witnesses, and the possibility of audio-visual manipulation. Viewed from the maqāshid al-sharīa perspective, online marriage is also not suitable because the purpose of marriage may not be realized.
Co-Authors Abdul Hakim Asmawi Azizah Azizah Djawahir Hejazziey Rahman, Dahlan A