Nerisma Eka Putri
UIN Sunan Kalijaga Yogyakarta

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Poligami: Berdasarkan Konsep Keadilan dan Teori Limit Muhammad Syahrur Faisol Muzakky; Nerisma Eka Putri
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.7145

Abstract

The discourse of polygamy is a topic that reaps the pros and cons among the Ulama’ and becomes a hot topic of discussion at the community level. Full attention of Islam regarding polygamy is not merely done without conditions, but Islam stipulates polygamy on the condition that is fair and there are restrictions on the number of wives. For his reason, reseaechers are interested in conducting deeper research on the concept of justice of polygamy practices which are still a topic of debate among the public based on the limit theory by Muhammad Syahrur. This research uses a critical descriptive research model using a methodological comparative study approach to analyze problems using the limit theory put forward by Muhammad Syahrur. This type of research is library research. Te source of this research is obtained from two legal materials, namely premier and secondary. This research uses isis analysis technique to find data to adjust the object to be studied by focusing on criticism. So that the results found that Syahrur argues that polygamy must be implemented when there has been a probem in society, but also must leave the practice when no problem is found. The concept of the limit theory put forward by heading the two conditions, including the first, namely that the second, third, or fourth wife is a widow who has an orphan, than the second is the fear of not being able to be fair to the orphan, as stated in Surah An-Nisa’ verse 3.
HAK-HAK PEREMPUAN PASCA PERCERAIAN DALAM PERUNDANG-UNDANGAN NEGARA MUSLIM (INDONESIA, MALAYSIA, MESIR, DAN TURKI) Nerisma Eka putri
Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik Vol 7 No 1 (2024): PRO PATRIA: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial dan Politik
Publisher : Pendidikan Pancasila dan Kewarganegaraan, FKIP, Universitas Banten Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47080/propatria.v7i1.3160

Abstract

ABSTRACT Divorce is a problem in the marriage relationship that is considered as the final way. Problems regarding divorce are enshrined in conventional fiqh regulations to laws in the Muslim world. Based on the normative study of Islamic law, one of the implications of divorce is the guarantee of the rights that must be fulfilled by the husband after divorce for the former wife and children in the marriage bond. These rights are nafkah iddah, nafkah mut'ah, nafkah nadliyah to hadhanah. For this reason, researchers are interested in studying the topic of women's rights after divorce based on the perspective of conventional fiqh and the laws on marriage that occur in Muslim countries such as Indonesia, Malaysia, Egypt and Turkey, using three analytical glasses. This research uses library research and descriptive analytical approach to examine and analyze phenomena based on literature. So that the results can be found that based on vertical analysis glasses can be known about the comparison between family law and the legislation of each Muslim country. Based on horizontal studies, it can be found that there are similarities between Indonesia and Malaysia, while in Egypt the divorce process must be registered with the knowledge of the wife, and Turkey provides advice on wishes before taking the divorce route. Based on the diagonal study, the four countries are solid and strong in carrying out in accordance with the regulations that have been determined.