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All Journal Al-Syakhsiyyah : Journal of Law and Family Studies JIHAD : Jurnal Ilmu Hukum dan Administrasi
Wahid, Ziadul Ulum
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Husband and Wife Relations in Javanese Society Perspective of Legal Theory as a Manifestation of the Nation's Soul (national spirit) Setyobudi, Teguh; Wahid, Ziadul Ulum; Makky, Aisyunnada
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8766

Abstract

This research examines husband and wife relations in Javanese society using the perspective of legal theory as a manifestation of the national spirit, known as Volksgeist. The relationship between husband and wife can be understood as a reflection of cultural values and the collective spirit of society which emphasizes harmony, balance of roles and spirituality and prioritizes the involvement of the extended family in maintaining traditional values. This research shows that these relationships are often based on the principle of complementarity, where both parties contribute to creating inner harmony within the family. However, social changes triggered by urbanization, education, and globalization encouraged the adaptation of Volksgeist values to modern norms. So a legal formation process is needed that absorbs local wisdom and cultural values to create regulations that are relevant to the needs of society. The incarnation of law is needed as a link between tradition and modernity. In conclusion, husband and wife relations from the Volksgeist perspective reflect cultural values that prioritize harmony and balance of roles, but still adapt to the social changes that occur. Law as a manifestation of the national spirit plays an important role in maintaining the continuity of cultural values while providing contextual justice in husband and wife relationships.
The Maqasid Syari'ah Paradigm as an Offering for Family Resilience: An Analysis of Maqasid Syari'ah Thought by Alal Fasi Wahid, Ziadul Ulum; Muafi, Muafi; Arfan, Abbas
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 2 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i2.11179

Abstract

Family resilience is a crucial issue these days. Data shows that hundreds of thousands of couples in Indonesia fail to maintain their marriages and end up divorcing. This paper aims to provide solutions to these cases by offering a new paradigm for maintaining families, namely by proposing the Maqasid Syari’ah (objectives of Islamic law) as conceived by Alal al-Fasi. This research is a type of library research with a descriptive and interpretative analytical approach. There are two types of data in this research: primary data obtained from books written by Alal Fasi and secondary data in the form of books, journals, and other written sources of information. The results of this study show that Alal al-Fasi's Maqasid Syari’ah thinking is very relevant to be applied and used as a paradigm to achieve family resilience. This proposal is formulated into two parts. First, to create family resilience, it is necessary to integrate psychological, moral, and spiritual aspects, which are realized through the fulfillment of human rights in the household, such as the needs for clothing, food, and shelter. Second, by understanding maqasid as a husband and carrying out the two great mandates given by the Qur'an, namely as qawam, the leader of the household, which emphasizes obligations from a material and moral aspect, and the obligation to protect the family from the fires of hell, which emphasizes the spiritual aspect.
Co-Authors Abbas Arfan Makky, Aisyunnada Muafi Teguh Setyobudi