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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Mutiara : Jurnal Ilmiah Multidisiplin Indonesia
M. Hasbi Umar
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Hak Perempuan dalam Amar Putusan Cerai Menurut Perspektif Maqashid Syari’ah pada Pengadilan Agama Kuala Tungkal Kelas 1B Heryani; M. Hasbi Umar; Bahrul Ulum
Mutiara: Jurnal Ilmiah Multidisiplin Indonesia Vol. 2 No. 4 (2024): JIMI - OKTOBER
Publisher : PT. PENERBIT TIGA MUTIARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61404/jimi.v2i4.276

Abstract

This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.
Maslahah 'Ammah: (A Comparative Study of The Concept Maslahah 'Ammah According To Nahdlatul Ulama And Ulama Mazdhahib Al-Arba'ah) al-Muthahhiri; M. Hasbi Umar; Ramlah
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 1 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i1.200

Abstract

The second similarity in terms of principles includes, a) paying attention to the realization of general welfare and benefit (maslahah 'âmmah) the welfare of national development in the life of the nation and state, b) rejecting damage and taking virtue (benevolence). As for the difference, it is stated that "maslahah 'âmmah may not sacrifice other public interests that are equal let alone bigger ones". In the view of al-madzhâhib al-Arbâ'ah did not mention in detail as in the view of NU. However, globally the Hanafiyah school of thought uses this concept of equality (qiyâs), that something that is the same is considered the same, let alone something more than that: it must be considered. Then there can be legal consequences more than commensurate (qiyâs awlawiyah). As for some of the three scholars (Mâlikiyah, Syafi'iyah, Hanâbilah) use istihsân, maslahah mursalah, sadz ad-Dari'ah and maslahah mulâ'im in bringing up maslahah 'âmmah and it is very clear that they do not mention anything in the same way - the same that can be taken as an equation (qiyâs) in realizing maslahah 'âmmah. The implications of the difference in the concept of maslahah 'âmmah are; a) will increase the breadth of the concept or make it easier to limit and seek decisions in the public interest (maslahah 'âmmah), in accordance with the development of the times which are increasingly rotating in the midst of life. Because in essence all of this boils down to one goal, namely the realization of maslahah 'âmmah (universal goodness), b) ijtihad produced by Nahdlatul Ulama, in realizing maslahah 'ammah and rejecting danger, is elastic in accordance with the times and conditions. Because the two concepts of NU and madzhâhib al-Arbâ'ah can complement or strengthen each other, c) the decisions made by NU are stronger. Because NU in formulating maslahah 'âmmah only adds or complements it. For example, the decision must be based on the provisions of syura (the voice of the government and the people).
Co-Authors al-Muthahhiri BAHRUL ULUM Heryani Ramlah