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All Journal Hamalatul Qur'an : Jurnal Ilmu Ilmu Al-Qur'an Unisia
Annisaa, Winona Nur
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Religion Humanities Economics, Econometrics & Finance Education Social Sciences

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Telaah Filosofis, Yuridis, dan Sosiologis dalam Konteks Hukum Islam Kontemporer terhadap Syariah dan Qanun Annisaa, Winona Nur; Aunillah, Fahmi
Hamalatul Qur'an : Jurnal Ilmu Ilmu Alqur'an Vol. 6 No. 1 (2025): June 2025
Publisher : Pondok Pesantren Hamalatul Qur'an Jogoroto Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37985/hq.v6i1.514

Abstract

Islamic law plays a central role as the foundation in shaping the social life of Muslim communities. As time progresses and social dynamics evolve, the understanding of Islamic law has also undergone significant development. The term "Islamic law" is no longer confined to its classical interpretation but has expanded into two major concepts frequently discussed in Islamic legal literature: Sharia and Fiqh. This evolution has sparked debates and critical questions, particularly whether Islamic law is essentially the core of Sharia itself. In this study, Sharia and Qanun are viewed as closely related concepts, both rooted in the principles of Islamic law. Qanun can be understood as the practical manifestation of Sharia, formulated into regulations aimed at ensuring public welfare and societal well-being. Sharia is a set of divine norms that govern the vertical relationship between humans and Allah SWT, as well as the horizontal relationships among humans in social life. Meanwhile, Qanun refers to the legal provisions enacted by state authorities to regulate and direct public behavior toward a just and orderly society. In this context, Sharia and Qanun are not contradictory entities, but rather complementary components of a comprehensive Islamic legal system. This study employs a normative juridical method, which relies on literature review and analysis of Islamic legal sources, both primary and secondary. The normative approach aims to examine the theoretical concepts of Islamic law, Sharia, and Qanun, and to explore the interrelation between Sharia-based norms and the formulation of positive law within Muslim societies. The results of the study indicate that Islamic law constitutes the core of Sharia, while Qanun serves as the applied form of Sharia values within the context of positive law. Both elements work together to establish a legal system that is not only in harmony with religious values but also relevant to social and national life.
Wife’s Right to Reject Polygamy: Islamic Family Law, Indonesian Positive Law, and the Maslahah Mursalah Perspective Annisaa, Winona Nur
Unisia Vol. 43 No. 2 (2025)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol43.iss2.art11

Abstract

This article examines wife’s right to reject polygamy in the perspective of maslahah mursalah within the context of contemporary Islamic family law and Indonesian positive law. The study aims to clarify whether a wife’s refusal of polygamy can be normatively recognized as a legitimate legal and ethical stance that safeguards justice and family welfare. Using a qualitative, normative legal methodology based on document and library research, the analysis draws on legislation, Qur’anic and Hadith texts, classical and contemporary fiqh, court decisions, and scholarly works on polygamy and maslahah mursalah. The findings show that polygamy in Islam is legally permitted but strictly conditioned on the husband’s ability to uphold justice in material and emotional terms, while Indonesian law adopts monogamy as the main principle and allows polygamy only as a limited exception under stringent procedural and substantive requirements, including court permission and the wife’s consent. Empirical indications, such as increasing divorce cases related to polygamy, and case law where courts reject polygamy petitions that fail to meet legal standards, demonstrate that polygamy often generates harm rather than welfare for wives and families. Through the lens of maslahah mursalah, the wife’s right to reject polygamy is interpreted as a legitimate effort to prevent psychological, social, and economic harm and to preserve the integrity and well-being of the family. The article concludes that recognizing this right is consistent with the objectives of Islamic law and strengthens the protective function of Indonesian family law, offering a doctrinal basis for more justice-oriented interpretations of polygamy regulations.
Co-Authors Aunillah, Fahmi