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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam USRAH: Jurnal Hukum Keluarga Islam
Musyafi Usman
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemilihan Pasangan Hidup Berdasarkan Kriteria Tinggi Perspektif Maqashid Syariah Arif Husnul Khuluq; Adi Aprianto; Musyafi Usman
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 11 No 1 (2024): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v11i1.44980

Abstract

Many criteria are often used as reasons for choosing a partner. Among them are wealth, lineage, beauty and religion. Some people have the principle of only wanting to marry a partner who has high criteria related to these criteria, so that the effect is to delay marriage or even end up living without a partner. This study aims to analyze this principle by referring to the maqashid sharia perspective. maqashid sharia is a central concept in Islam that highlights the goals or purposes of Islamic law. This research is a qualitative research. The method used in data collection is library research. The results showed that the principle of only wanting to marry a partner who has high criteria can be in harmony with maqashid sharia as long as it is applied realistically and considers sharia principles in decision making when there is a conflict between various maslahat, various mafsadat or between maslahat and mafsadat. And it would be better if it is aimed at achieving His pleasure, even though it is not a necessity. The principle will become inconsistent with maqashid sharia if it is applied without considering these matters.
MENUNDA KEHAMILAN KARENA AKADEMIK DAN EKONOMI: TINJAUAN MAQASHID SYARIAH PADA MAHASISWA STDIIS JEMBER Muadz; Musyafi Usman
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1928

Abstract

Delaying pregnancy is a choice often made by young couples, especially students, who face economic and academic challenges. This study aims to identify the economic and academic considerations in the decision to delay pregnancy among student couples at STDI Imam Syafi’i Jember and to analyze this decision from the perspective of maqashid sharia. A qualitative method with in-depth interviews was used to explore the reasons and impacts of this decision. The results show that unstable economic conditions and academic burdens are the main factors influencing pregnancy postponement. Couples strive to balance their responsibilities as students and parents to maintain the quality of family life. From the maqashid sharia perspective, this decision aligns with the principles of preserving five main objectives of Islamic law, particularly the protection of life, wealth, intellect, and lineage. Delaying pregnancy does not imply permanently limiting offspring but managing birth spacing for the welfare of the family.
KERETAKAN RUMAH TANGGA AKIBAT PERILAKU MEROKOK: ANALISIS PUTUSAN PENGADILAN AGAMA DEPOK NO. 4245/PDT.G/2018/PA.DPK DALAM PERSPEKTIF MAQASHID SYARIAH Fadhilah Khairul Anam; Musyafi Usman
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2474

Abstract

An ideal marriage is one that can create a harmonious, loving, and merciful family. However, this goal can be hindered when behaviors arise that disrupt comfort and harmony, such as the habit of smoking. Smoking by one of the spouses has the potential to cause conflicts that may trigger divorce, as seen in the Depok Religious Court Decision No. 4245/Pdt.G/2018/PA.Dpk. This study aims to analyze the trial facts and the judge’s considerations in the decision from the perspective of maqashid sharia, in order to identify the extent to which the decision reflects the protection of public interest, prevention of harm, and fulfillment of the main objectives of marriage. The study uses a qualitative method with a normative juridical approach. The results indicate that the juridical basis for divorce in this case refers to broken marriage, in accordance with Article 116 letter f of the Compilation of Islamic Law. The trial facts show relevance to this juridical basis and are also related to maqashid sharia, as they contain elements of harm threatening the five aspects of sharia protection. The judge’s consideration to grant the divorce appears aligned with the essence of maqashid sharia, namely promoting benefit and preventing greater harm. The loss of tranquility, affection, and mercy due to smoking behavior has damaged the primary objectives of marriage, making divorce an appropriate step to restore the benefit.
Co-Authors Adi Aprianto Arif Husnul Khuluq Fadhilah Khairul Anam Muadz