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Pemikiran Siti Musdah Mulia dan Yusuf Qardhawi tentang Konsep Adil dalam Poligami Khofifah Lutfia Effendi; Zakiyatul Ulya
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v4i2.736

Abstract

Polygamy is a topic that is still being debated, especially among ulama, including between Siti Musdah Mulia and Yusuf Qardhawi. Both of them have different thoughts regarding the concept of justice in polygamy. This article aims to find out the Islamic legal analysis of the thoughts of these two figures and their comparisons. The type of research used is library research using documentation techniques in extracting data as well as descriptive analysis and comparative studies as analysis techniques. The research results show that Siti Musdah Mulia's thoughts are more in line with contemporary Islamic jurisprudence scholars because they both state that justice in polygamy is not only in the material aspect but also the immaterial. This is different from Yusuf Qardhawi's thoughts, which are more in line with classical jurisprudence scholars because they both state that justice in polygamy is only in the material aspect. The similarity of thought between the two lies in the basic istinbath used, namely surah Al-Nisā' verses 3 and 129 and the hadith narrated by Abu Hurairah. The difference lies in the type of justice that must be fulfilled in polygamy. Siti Musdah Mulia stated that justice is not only material but also immaterial which is impossible for humans to realize so this is the basis for prohibiting polygamy. In contrast to Yusuf Qardhawi who stated that justice is only material because immaterial justice is beyond the limits of human capabilities so it is not mandatory to fulfill it.
Kinerja KUA dalam Pencatatan Perkawinan Sejenis Syaidatur Rosidah Alawiyah; Khofifah Lutfia Effendi; Zakiyatul Ulya
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v6i1.15219

Abstract

This paper is motivated by the emergence of news of same-sex marriages that are officially registered at the KUA, causing pros and cons in the community. This study aims to determine the effectiveness of the KUA's role in the practice of recording same-sex marriage in terms of Lawrence M. Friedman's theory of legal effectiveness. This research uses a qualitative approach and data collection using documentation techniques. The results showed that the role of the KUA was not effective according to the theory of legal effectiveness by Friedman M. Lawrence, because the elements of legal culture and legal structure could not run optimally. In the implementation of this legal structure, there is an element of negligence committed by the KUA in carrying out its duties as an authorized institution to carry out marriage registration, which in this case is evidenced by the non-optimal implementation of the document examination stage which results in the recording of same-sex marriages. Meanwhile, in legal culture, the perpetrators have a low level of legal awareness. This is evidenced by their actions to falsify their identity in order to realize their personal desires which are not in accordance with legal and social norms in Indonesia.)