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Review of Islamic Law and Positive Law: Regarding the Obligation to Comply with the Marriage Law Hilmi, Ismi Lathifatul; Agustar, Armi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.7786

Abstract

This paper aims to examine the views of positive law and Islamic law on the obligation to comply with the Marriage Law. As it is known that Indonesia is a country that adheres to two laws, namely Islamic law and Positive law, then in taking a view of a provision must take into account these two aspects. This research will look at the need to obey the law under Islamic law and the positive, relevance of ijma’ to such obligations. This paper uses a normative legal approach that results in the obligation to comply with laws and regulations has been regulated in positive law, especially Article 27 paragraph (1) of the 1945 Constitution, and is also regulated in the Qur'an QS. An- Nisa verses 59 and 83, which are law-abiding as well as obeying ulil amri because state laws are formed by ulil amri and are the solution of the problems of the people using the approach of the text of revelation and publication, then it is ijma’ which is in accordance with the concept of ushul and the decision must be obeyed.
MU’ASYARAH BIL MA’RUF SEBAGAI ASAS PERKAWINAN Hilmi, Ismi Lathifatul
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.19624

Abstract

Today the public is made aware of domestic problems through social media or through interactions with neighbors. Fulfilling each other's rights and responsibilities in the household is very important. The term mu'asyarah bil ma'ruf is used to describe this whole privilege and responsibility. The purpose of this study is to provide an explanation of the Islamic principle of marriage known as mu'asyarah bil ma'ruf, which requires a series of responsibilities and privileges for each family unit. This article takes an approach based on the Qur'an and Hadith by mentioning a number of postulates about mu'asyarah bil ma'ruf. This research resulted in a point of view of understanding drawn from the Qur'an and hadith through its interpretation of mu'asyarah bil ma'ruf where mu'asyarah bil ma'ruf is a concept of interdependence between husband and wife to present every good deed in the household when interacting and good communication between the two.