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All Journal TAHKIM Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Fitri, Desi Widya
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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BISEKSUAL SEBAGAI ALASAN PERCERAIAN PERSPEKTIF MAQASHID SYARI’AH (Studi Putusan Pengadilan Agama Balikpapan Nomor: 162/Pdt.G/2023/PA.Bpp) Fitri, Desi Widya; Azwar, Zainal; Bahar, Muchlis
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.6527

Abstract

Bisexuals in Law no. 1974 concerning marriage and KHI cannot be used as the cause of marriage dissolution. However, the Balikpapan Religious Court Number: 162/Pdt.G/2023/PA.Bpp granted the Plaintiff's lawsuit stating that the reason for the lawsuit was sexual disorders. This research aims to analyze the considerations of the Balikpapan Religious Court judge in granting a divorce lawsuit due to sexual disorders and the maqashid sharia view of bisexuals. This research uses the library research method, which is a data collection technique by reviewing various scientific sources, such as: journals, laws and others. The results of this research are first, it is not correct if the main cause of divorce is sexual misconduct. Therefore, PA Balikpapan concluded that the case above which was the main factor in divorce was constant fighting. Although it cannot be denied that the cause of the quarrel is sexual disorders. Second, bisexuals have violated the concept of maqashid sharia in the hifzu al-din section, namely violating the provisions of the Qur'an and sunnah, then bisexuals also violate hifzu an-nafs, namely causing AIDS, and finally violating the concept of hifzu al-nasl. Key Word: bisexuals, religious courts
Kewarisan Bilateral Suku Jawa di Dusun VII Sei. Cabang Kiri Sumatera Utara Perspektif Maqashid Syari’ah Eva, Yusnita; Fitri, Desi Widya
Al-Qisthu Vol 22 No 1 (2024): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v22i1.3864

Abstract

The bilateral inheritance system ensures equal rights for men and women while reflecting social justice values rooted in local traditions. However, its practice often sparks debates regarding its alignment with Islamic law. This study aims to analyze the practice of bilateral inheritance in the Dusun VII Sei. Cabang Kiri community, Langkat Regency, through the lens of maqashid syariah, focusing on equity and public benefit. Employing a semi-ethnographic design with a qualitative approach, the research involved structured interviews and thematic data analysis to understand inheritance patterns and their underlying values. The findings reveal that the bilateral inheritance system in this community aligns with the principles of maqashid syariah through family deliberation (musyawarah), fostering justice, equality, and social harmony. Such a system not only exemplifies the integration of local customary values and maqashid syariah but also serves as a relevant model for achieving justice, equality, and social harmony within Indonesia’s pluralistic legal framework. Future research is recommended to adopt comparative or interdisciplinary approaches to further explore similar practices in other indigenous communities across Indonesia.
Co-Authors Azwar, Zainal Bahar, Muchlis Yusnita Eva