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All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam
Aldin, Alfattiah
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Law, Crime, Criminology & Criminal Justice Social Sciences

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WANITA KARIR PERSPEKTIF HUKUM ISLAM SERTA IMPLIKASINYA (STUDI KASUS DI KECAMATAN MUTIARA) Aldin, Alfattiah; Windari, Silmi
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v19i1.276

Abstract

This research aims to determine the perspective of Islamic law regarding career women. To find out the position of career women in Islamic law and the impact of career women who work outside the home in Mutiara District. The research method used is qualitative descriptive research. The results of this research show that (1) Career women from an Islamic perspective are viewed from their position as creatures, that Islam gives women a proper position and degree as well as the same status as men in their capacity as servants of God. Islam does not prohibit women or wives from working, as long as they do not neglect their main obligations. Islam recommends that women who work outside the home obtain permission from their husbands, because the husband's approval for career women is the main requirement. (2) The impact of women working outside the home can be seen from two sides, namely from the negative side and the positive side. The negative impact is reduced social interaction, reduced time with family. The positive impacts include, by working, she will gain more knowledge and relationships, provide knowledge to the community and from an economic perspective it will greatly lighten her husband's burden.
Hukum Poligami dan Interpretasi dalam Q.S. An-Nisa Ayat 3 Aldin, Alfattiah
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (737.016 KB) | DOI: 10.61393/tahqiqa.v17i1.82

Abstract

Polygamy in Surah An-Nisa ': 3 is a skill that is complicated and tightened. Polygamy is only allowed in an emergency and can only be done by people who really need it, while according to the system adopted by the Indonesian Marriage Law, the principle of monogamy is one husband for one wife. However, in certain cases or reasons, a husband is given permission to have more than one wife. This paper examines the regulation of polygamy regulated in Q.S. An-Nisa Paragraph 3 and Polygamy according to the applicable national law in Indonesia, namely Law Number 1 of 1974 concerning Marriage. Based on the results of the study, it shows that according to positive law in Indonesia, the court will only give permission to the husband to have more than one wife if there are special alternative causes, while in Islamic law it also does not require polygamy or recommend it, he only talks about the permissibility of polygamy, and that is also a small emergency exit. The Shari'a of the Qur'an, should not be viewed from the point of view of good and bad, but must be seen from the point of view of legal arrangements, in various conditions that may occur. There are many conditions other than those mentioned, which is also a logical reason not to close the door on polygamy.
KHULU’; PENYEIMBANG OTORITAS (INISIASI) CERAI DALAM SURAH AL-BAQARAH AYAT 229 Aldin, Alfattiah; Izwany, Bonita
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v18i1.206

Abstract

The life of a husband and wife in a household can only be upright if there is calm, affection, good association and each party carries out their obligations properly. But sometimes it happens that the husband hates his wife or the wife hates her husband. This means that if the marriage relationship is continued, harm will occur. So that at a time like this, Islam allows the dissolution of marriage as the last step in efforts to continue the household. And if hatred is on the part of the husband, then divorce is in his hand, which is one of his rights, but if hatred is on the part of the wife, then Islam allows her to redeem herself in the khulu way, namely returning the dowry to her husband to end the bond as husband and wife. In terms of the form of divorce that occurs as a result of khulu', several scholars differ in opinion. The first opinion, one of the narrations from Imam Ahmad says that khulu' is fasakh while the opinion of other scholars says that khulu' is divorce so this difference of opinion brings legal consequences how many times it is permissible to do khulu'. Based on this, the author wants to try to analyze the opinion of Ibn Hanbal who said that khulu' is fasakh. The results of the author's analysis show that divorce by way of khulu' takes the form of talak because this is in accordance with the statement of Surah Al-Baqarah verse 229 which says that khulu' cannot be referred to except with a new marriage, besides that Ibn Hanbal's opinion about khulu' as fasakh is not in accordance with the KHI where the KHI is the guideline for judges at the Religious Courts in resolving marital or divorce issues, and this is in accordance with articles 161 and 155 of the KHI.
Co-Authors Izwany, Bonita Windari, Silmi