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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam Al Mashaadir : Jurnal Ilmu Syariah
Fathoni, M Insan
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Rights and Obligations of Husbands to Wife According to Law No. 1 of 1974 Article 34 and Islamic Law Fathoni, M Insan; Wanti, Siti
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 2 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i2.261

Abstract

The differences in the concepts of rights and responsibilities outlined in Article 34 of Law No. 1 of 1974 and Islamic law create challenges for Indonesian society, especially regarding the roles of husbands and wives within a marriage. This study aims to explore these rights and obligations, comparing how they are defined in both legal frameworks and identifying their similarities and differences. This research is a library-based study using a comparative approach to analyze both perspectives. The findings show that, at their core, both systems prioritize family well-being and harmony. Both emphasize a husband’s duty to provide financial support and protection for his wife. However, the key difference lies in how these responsibilities are implemented and the legal foundations behind them. Islamic law places a strong emphasis on a wife’s obedience to her husband in matters that align with religious and moral principles (ma’ruf), while the law provides more detailed guidelines on the husband's duty to treat his wife well, both physically and emotionally.  Ultimately, the rights and responsibilities of a husband toward his wife, as outlined in Article 34 of Law No. 1 of 1974 and Islamic law, center around financial support, protection, and family leadership. To maintain a harmonious household, a husband must understand and fulfill these responsibilities fairly, in accordance with both legal and religious principles.
FIQH STUDY OF POWDERED BREAST MILK FROM THE PERSPECTIVE OF THE MALIKI AND SHAFI'I SCHOOLS IN THE NUSANTARA Fathoni, M Insan; Awalia, Fadhila Tianti Mudi; Kamaluddin, Imam; Sa’adah, Yaumi
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.949

Abstract

This study explores the differing views of the Maliki and Shafi’i schools on whether breastfeeding using powdered breast milk (ASI Bubuk) establishes a mahram relationship. It also examines how this issue fits within Islam's social and cultural context in the Nusantara region. One of the key questions is whether transforming breast milk into powder changes its essential characteristics: color, taste, and smell. Using a comparative descriptive approach, this research highlights that both schools agree that powdered breast milk can create a mahram bond if its core properties remain unchanged, even when mixed with food, drinks, or medicine. However, they set different conditions. The Maliki school holds that a single feeding session is enough, whether the milk enters through the mouth or nose, as long as it reaches the stomach and provides nourishment. On the other hand, the Shafi'i school requires five separate breastfeeding sessions, all within the first two years of a child's life. Beyond the legal debate, this study also considers powdered breast milk's social and health implications in determining mahram relationships. Given the evolving ways breast milk is processed and used, further research involving other schools of thought could offer deeper insights into how Islamic law adapts to modern developments.
Co-Authors Awalia, Fadhila Tianti Mudi Imam Kamaluddin Sa’adah, Yaumi Wanti, Siti