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MAQÂSHIDÎ INTERPRETATION; A STUDY ON INTERPRETATION OF AHKAM VERSES IN THE APPLICATION OF MAQÂSHID ASY-SYARÎAH Seroza, Candra Boy; Ridwan, Ahmad Hasan
AKADEMIKA: Jurnal Pemikiran Islam Vol 25 No 1 (2020)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v25i1.1898

Abstract

This study explains Maqâshidî Interpretation and its application in interpretation Of Ahkam Verses, and aims to discussion on Maqâshid asy-Syarî’ah and the significance and urgency of Maqâshidî. Maqâshidî's inter-pretation is expected to provide an alternative interpretation in providing solutions for contemporary problematics and reinterpretation of the interpretation formulations that have been out of date. The research method used in this research is qualitative method and analytical descriptive method. This study concludes that The character of Syarî'ah is permanent and governs the whole af'âl al-Mukallaf in every place and time, then the approach or method of maqâshidî interpretation in interpreting Âyât al-ahkâm is a necessity and very imfortant. The discourse of Âyât al-AhKâm interpretation discusses on the place of law formulation against a problem (Fi'l al-Mukallaf). he necessity of interpretation of the approach or method of Maqâshidî interpretation is not only effective in responding to new issues that have never appeared before but also empowered to reinterpret the formulation of interpretations that have not been relevant anymore in the context of the present and the contemporary.Keywords: Maqâshidî Interpretation, Maqâshid asy-Syarî’ah, Âyât al-AhKâm,
Towards Legal Justice: Expanding Criteria for Obligatory Bequests in Unregistered Wives in Polygamous Marriages Lubis, Rusdi Rizki; Asmuni, Asmuni; Mukharrom, Tamyiz; Seroza, Candra Boy; Kahar, Aisyah
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.25358

Abstract

Decision Number 183/Pdt.G/2023/PA.Mbl and Number 547/Pdt.G/2023/PA.Utj has paved the way for expanding the implementation of obligatory bequest by granting the inheritance to the unregistered wife in a polygamous marriage. Stepchildren, non-Muslim heirs, and biological children born outside of a registered marriage are forms of expansion of the obligatory bequest regulated in the nomenclature of jurisprudence or the Circular of the Supreme Court (SEMA). This article is qualitative, with a normative and empirical juridical approach to finding legal justice through the path of maqāṣid al-sharī'a. The results of the study show that judges, to realize legal justice, have expanded the implementation of the obligatory bequest by granting the heir's property to the unregistered wife of a polygamous marriage. The researcher offers five criteria for granting an obligatory bequest to the unregistered wife. First, the unregistered polygamous marriage is known to the legally registered wife. Second, the rights and obligations between husband and wife have been implemented. Third, the time of obtaining the inherited property. Fourth, the maximum limit for obtaining inheritance property does not exceed the registered wife's share.  Fifth, the psychological factor between husband and wife has been well established.