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All Journal Maqasid: Jurnal Studi Hukum Islam NALAR FIQH: Jurnal Hukum Islam
Eka Putri, Nerisma
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Contextualization of Zhihar Based on Tafsir Literature In the Communication Relationship between Husband and Wife Eka Putri, Nerisma
MAQASID Vol 13 No 1 (2024): Dinamika Hukum Keluarga
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.21692

Abstract

Abstract: In marriage, Allah swt legalizes the relationship between husband and wife, with the husband having to keep good words in order to avoid words that hurt his wife. Especially if the husband utters zhihar to his wife. In the Jahiliyyah era, zhihar was considered a divorce, then Islam canceled it with the rule that the husband was prohibited from mixing with his wife before paying expiation. The origin of the terminology of zhihar was due to the issue of a woman named Khaulah bint Tsa´labah who had been zhihar by her husband Aus ibn Shamit, Aus said to his wife: "You are to me like my mother's back" with the intention that he should no longer have sex with his wife. For this reason, researchers are interested in examining the contextualization of zhihar in husband and wife communication relations based on the perspective of tafsir literature in the current era. This research uses library research with a qualitative approach, to examine the phenomenon of zhihar on the communication relationship between husband and wife based on contemporary tafsir literature. So that the results found that zhihar in terms of context, there are differences between Jahiliyah and contemporary times, that in the Jahiliyah era, zhihar was used as a form of insult to wives who could not serve them until they finally fell divorce, while in the contemporary era zhihar is interpreted as a form of respect in beauty. Husbands communicate using figures of speech without explicit intent, giving birth to different meanings. However, even if the communication is conveyed in jest, it is still legally imposed as ẓhihar.   Keywords: Contextualization of Zhihar, Contemporary Tafsir Literature, Communication Relations.
Contextualization of Zhihar Based on Tafsir Literature In the Communication Relationship between Husband and Wife Eka Putri, Nerisma
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.21692

Abstract

Abstract: In marriage, Allah swt legalizes the relationship between husband and wife, with the husband having to keep good words in order to avoid words that hurt his wife. Especially if the husband utters zhihar to his wife. In the Jahiliyyah era, zhihar was considered a divorce, then Islam canceled it with the rule that the husband was prohibited from mixing with his wife before paying expiation. The origin of the terminology of zhihar was due to the issue of a woman named Khaulah bint Tsa´labah who had been zhihar by her husband Aus ibn Shamit, Aus said to his wife: "You are to me like my mother's back" with the intention that he should no longer have sex with his wife. For this reason, researchers are interested in examining the contextualization of zhihar in husband and wife communication relations based on the perspective of tafsir literature in the current era. This research uses library research with a qualitative approach, to examine the phenomenon of zhihar on the communication relationship between husband and wife based on contemporary tafsir literature. So that the results found that zhihar in terms of context, there are differences between Jahiliyah and contemporary times, that in the Jahiliyah era, zhihar was used as a form of insult to wives who could not serve them until they finally fell divorce, while in the contemporary era zhihar is interpreted as a form of respect in beauty. Husbands communicate using figures of speech without explicit intent, giving birth to different meanings. However, even if the communication is conveyed in jest, it is still legally imposed as ẓhihar.   Keywords: Contextualization of Zhihar, Contemporary Tafsir Literature, Communication Relations.
Childfree in the Lens of Islamic Jurisprudence: Women’s Reproductive Rights between Classical and Contemporary Fiqh Eka Putri, Nerisma; Hariyadi, Riski; Najah, Ibnu; Arisandi, Rikki; Muhammad Babayya, Abubakar
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
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.v16i01.2081

Abstract

In religious conception, marriage is the law chosen by God as a means for humans to have offspring. However, not all married couples have the desire to have children. The unwillingness to have children is often referred to as childfree. Childfree is the desire not to have children in the future. In Indonesia, the term childfree began to attract attention on social media since Analisa Widyaningrum, a clinical psychologist, invited Gita Savitri, so that this opinion eventually reaped pros and cons in various circles. Therefore, researchers are interested in examining how childfree is viewed based on classical and contemporary fiqh studies. This research uses library research with a qualitative approach, namely to examine the phenomenon of childfree based on women's reproductive rights, then examine childfree based on historical facts from classical fiqh through the works of classical Ulama' and childfree based on contemporary fiqh, by adjusting the opinions of Ulama' in accordance with the reality of modern times. It can be found that according to the reproductive rights of childfree women, as stated by Masdar, emphasizing that a wife has the right to want to get pregnant and determine the number of children she wants, such things should be the free choice of the individual concerned. Any party has no right to intervene and even impose their will in any way and for any reason. Because in the future those who bear the risk are of course both parties, especially a wife. Furthermore, based on classical fiqh, Childfree can be equated with the term 'Azl, namely rejecting the existence of a child before it has the potential to exist and this is not punished as haram, but rather punished as makruh based on the Book of Ihya 'Ulum al-Din. Furthermore, childfree based on contemporary fiqh there is also no prohibition either in the Qur'an or hadith, the agreement of husband and wife not to have children is allowed especially on the basis of concerns or because of illness, this is also the same as classical fiqh where the problem of childfree is qiyaskan with the problem of Azl.    
Co-Authors Arisandi, Rikki Hariyadi, Riski Muhammad Babayya, Abubakar Najah, Ibnu