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All Journal Siyasah Wa Qanuniyah: Jurnal Ilmiah Ma'had Aly Raudhatul Ma'arif Journal of Law and Justice
Mohammad Sahli Ali
Unknown Affiliation
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mubadalah : Metode Interpretasi Adil Jender Bagi Hakim Pengadilan Agama Dalam Memutus Sengekata Hukum Keluarga Nafi, Muhammad; Mohammad Sahli Ali
Equality : Jurnal Hukum dan Keadilan Vol 1 No 2 (2024): Hukum Artificial Intelligence
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v1i2.139

Abstract

This article aim to description about mubadalah interpretation can be an alternative solution for judges in an effort to present a verdict in a gender-just Islamic family law dispute. Mubadalah interpretation is the interaction between text and reality, which is expected to give constructive meaning to the fact of life and raise the principles of relations between men and women. The findings of this research is there are three steps that the judge can take in interpreting the mubadalah, namely finding the principal value, then looking for the main idea or moral suitable, and finally lowering the moral ideal to the type of calamine that is not mentioned in the text.
JAMINAN KESEHATAN NASIONAL PERSPEKTIF MASLAHAT MUADALAH DAN SIYASAH SYARIAH Muhammad Nafi; Mohammad Sahli Ali; Muh. Arief Budiman; Muhammad Sholah Ulayya
Siyasah Wa Qanuniyah Vol 2 No 2 (2024): Siyasah Wa Qanuniyah
Publisher : Ma'had Aly Raudhatul Ma'arif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61842/swq/v2i2.21

Abstract

This article aims to highlight the choice of health insurance fiqh that has been legally binding in the presence of MUI DSN-MUI Fatwa Number 98/DSN-MUI/XII/2015 concerning Guidelines for the Implementation of Sharia Health Social Security. This research examines the concept of maslahat muadalah (maslahat keadilan) and siyasah sharia, which are realized to introduce the fiqh of health insurance offered in an effort to provide an alternative to fiqh for the Indonesian Muslim community related to this BPJS Kesehatan fiqh. This research is library research, whose data source is taken from books, journals, and another research. The result of this study is that, from the reconstruction of JKN fiqh using the theories of maslahat muadalah and siyasah sharia, it was found that if the state has promulgated a regulation that contains maslahah muadalah even though it is a disputed fiqh, then the community is still obliged to follow and comply with it. If there is a conflict between the content of the regulatory material and the existing fiqh rules, a judicial review of the regulation should be submitted.
Co-Authors Muh. Arief Budiman Muhammad Nafi Muhammad Sholah Ulayya Nafi, Muhammad