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All Journal Tahkim (Jurnal Peradaban dan Hukum Islam) NALAR FIQH: Jurnal Hukum Islam
Alfin, Aidi
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN MAQASHID AL-SYARI’AH TERHADAP PERILAKU SODOMI SEBAGAI ALASAN PERCERAIAN (Studi Putusan Nomor 222/Pdt.G/2019/PA.Bgr) Alfin, Aidi; Bahar, Muchlis; Azwar, Zainal; Fathurohman, Muhammad Faozan
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 7, No 1 (2024)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v7i1.13274

Abstract

Islam has taught married couples to get along well (mu'asyarah bil al-ma'ruf) including sexual relations. However, there are several cases of sexual deviation, including cases of sodomy. In the Bogor religious court, there was a case of sodomy as a reason for divorce. This research aims to analyze Maqashid al-Shariah's review of sodomy behavior as a reason for divorce. This type of research is normative qualitative using the statue appoarch or statutory approach and library study data collection techniques. The results of this research show that the judge's decision in decision number 222/Pdt.G/2019/PA.Bgr which granted the petition for divorce was in accordance with the concept of maqashid al-syari'ah because it had saved the wife from harm due to deviant behavior committed by her husband and the judge. assess that domestic happiness will not be realized if the marital relationship is maintained. In addition, sodomy behavior is contrary to the concept of maqashid al-syari'ah because it threatens the existence of religion (Hifzh al-Din), soul (Hifzh an-Nafs), and offspring (Hifzh an-Nasl).
Zakat Distribution for Women the Prostitution Victim as the Concept of Riqab Alfin, Aidi; Sudarman, Revoranda; Zhilal Haq, Muhammad; Idris, Mashair
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i2.1461

Abstract

There are eight groups of zakat recipients and one of them is the riqab which is interpreted as a slave. The textual meaning of the riqab is no longer relevant today considering that slavery no longer exists. So that is the reason that the asnaf riqab is indirectly removed. This needs to be considered again so that the distribution of zakat can be evenly distributed to the eight asnaf. The current interpretation of the meaning of the riqab can be interpreted as human trafficking which is related to this, namely victims of sexual exploitation or prostitution. So the question is how to interpret the riqab for women who are victims of prostitution. This research is qualitative research in the form of a library research with data collection techniques, collecting and reading literature related to this research. The results of the research show that in this context the riqab is interpreted as a person who is shackled by social and religious beliefs, so that this problem includes women who are victims of prostitution. As the distribution of zakat for asnaf riqab does not give him the right to tamlik zakat assets, but rather to redeem the money for his automatic release to his master. Likewise, it is applied to the meaning of the riqab of prostitution victims, that zakat funds are used for rehabilitation with the aim of providing guidance so that the mustahik can get out of their shackled status.
Co-Authors Azwar, Zainal Bahar, Muchlis Fathurohman, Muhammad Faozan Idris, Mashair Sudarman, Revoranda Zhilal Haq, Muhammad