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All Journal al-Mawarid Jurnal Syariah dan Hukum (JSYH) Darul Hikmah: Jurnal Penelitian Hadits dan Tafsir
Sugiyono, Fauzan
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Religion Humanities Astronomy Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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REVIEW BUKU-FATWA ULAMA INDONESIA DAN TIMUR TENGAH MENGENAI MULTI LEVEL MARKETING (MLM) Sugiyono, Fauzan
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 2 No. 2 (2020): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

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Abstract

This book discusses the ijtihad method between fatwa (legal maxim) of Dewan Syariah Nasional Majelis Ulama Indonesia  or The National Sharia Council of the Indonesian Ulema Council (DSN MUI) and the fatwa of Middle Eastern scholars regarding Multi Level Marketing (MLM), with fiqh and ushul fiqh approaches. The method used by the researcher is comparative descriptive by exploring the fatwa of the DSN MUI by explaining the ijtihad method used and its correlation with positive law in Indonesia. The uniqueness of this book is that it specifically discusses the discourse of scholars on fatwas and MLM associated with fatwa of Middle Eastern scholars regarding MLM. These two different fatwas will most likely be different. The differences might be because of dissimilarities in social conditions, business entities and cultures.Fatwas issued by the DSN MUI in the field of muamalah jurisprudence such as banking, insurance, capital markets and also sharia business, are more systematic and applicable to business actors compared to fatwas of Middle Eastern scholars which tend to only provide legal verdicts. Two fatwas regarding MLM have been issued by DSN MUI in 2009 and 2012, namely fatwa No. 75 / DSN MUI / VII / 2009 concerning Sharia Tiered Direct Selling (PLBS) and No. 83 / DSn MUI / VI / 2012 concerning Sharia Tiered Direct Selling (PLBS) Umrah Travel Services. Meanwhile, fatwa institutes of Saudi Arabia, Lajnah Daimah and Dar al-Ifta, Egypt, have issued fatwas on the prohibition of MLM as a whole, so there is a need for convergence in understanding the causes of these differences.
Polygamy (Ta'addud Az-Zaujat) in the Perspective of Critique of Interpretation Between Normative Ideals and Social Reality Sugiyono, Fauzan; Al-Hakam, Ahmad Faiz
Darul Hikmah: Jurnal Penelitian Tafsir dan Hadits Vol 11 No 1 (2025): Darul Hikmah: Jurnal Penelitian Hadits dan Tafsir
Publisher : Sekolah Tinggi Ilmu Ushuluddin (STIU) Darul Hikmah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61086/jstiudh.v11i1.63

Abstract

Polygamy (taʿaddud az-zaujāt) is a controversial issue in Muslim society, both from a social perspective and within Islamic law. Although this practice has a basis in the Qur'an, particularly Surah An-Nisa': 3 and Surah An-Nisa': 129, its interpretation continues to spark debate between classical exegetes and contemporary thinkers. The dominant critique of this verse tends to be literal and legal-formal, legitimizing polygamy as a form of absolute permissibility, without delving deeper into the meaning of the Qur'an's requirements for justice. As a result, the practice of polygamy in society often leads to gender injustice, unequal marital relations, and psychological and social burdens for women and children. The purpose of this study is to analyze the rationale of classical and modern exegetes regarding the differing legal views on polygamy and to evaluate the construction of classical normative thought to make it more holistic, empathetic, and in line with contemporary realities and the values of the maqasid sharia (the principles of Islamic law) in marriage. This study is a library research study using a descriptive analytical comparative method between classical and contemporary interpretations through a qualitative and social contextual approach. The results of this study indicate three differing views of commentators regarding the law of polygamy, each with its arguments: one group holds that polygamy is an absolute recommendation; the other holds that the recommendation is a conditional emergency; and the third rejects polygamy and even discourages it due to its numerous harms. Monogamy is a fundamental principle of marriage (munakahat) in Islam.
Co-Authors Al-Hakam, Ahmad Faiz