Claim Missing Document
Check
Articles

Found 2 Documents
Search

TINJAUAN MAQASID HUKUM PERKAWINAN ISLAM TERHADAP SYARAT POLIGAMI DALAM KOMPILASI HUKUM ISLAM DI INDONESIA Anugerah, Ghifari Fajar; Izzuddin, Ahmad; Saiban, Kasuwi
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.2861

Abstract

Polygamy in the history of Islamic civilization represents one of the most crucial issues in sexual relations and continues to attract attention among Islamic scholars, particularly feminist thinkers. The debate surrounding polygamy is not only related to textual interpretation but also to its social implications and questions of gender justice, which have prompted Muslim-majority countries, including Indonesia, to establish specific regulations. In Indonesia, polygamy is regulated under Law Number 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, and more comprehensively within the Compilation of Islamic Law (KHI). The KHI outlines several conditions that must be fulfilled, including court authorization, the consent of the existing wife, and the husband’s ability to ensure financial support and justice. This study aims to examine the conformity of these requirements with the maqāṣid al-sharī‘ah in the domain of family law, namely the objectives of Islamic law oriented toward justice and public welfare (maṣlaḥah). The research employs a library-based method by analyzing the regulation of polygamy in Indonesian marriage law and comparing it with the principles of the maqāṣid of Islamic marriage law. The findings indicate that the regulation of polygamy in the KHI encompasses the overall objectives of Islamic marriage law as articulated by Jamaluddin Athiyah. These objectives include maintaining harmonious relations between men and women, safeguarding and preserving lineage, fostering families built on sakīnah (tranquility), mawaddah (affection), and raḥmah (compassion), ensuring the clarity of descent, strengthening religiosity within the family, regulating harmonious familial relations, and guaranteeing financial stability. Thus, the stipulations regarding polygamy in the KHI are not designed to promote the practice widely, but rather serve as a restrictive mechanism intended to protect welfare and prevent harm within the institution of marriage.
Local Government Response to Domestic Violence from Online Gambling: A Legal-Mashlahah Perspective Anugerah, Ghifari Fajar; Hidayah, Khoirul; Lutfi, Mustafa
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.9999

Abstract

This study aims to analyze the efforts of the Surabaya City Government in addressing domestic violence resulting from online gambling, using the perspectives of legal system theory and mashlahah. The focus of the research is on the role of the Surabaya City Office of Women’s Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) as the implementing agency for women and child protection policies. This study employs a qualitative approach, utilizing field studies and in-depth interviews with key informants from the agency, victims of domestic violence, and community leaders. The findings indicate that structurally, DP3AP2KB has undertaken several initiatives through socialization, education, and the provision of legal and psychological assistance for victims. However, the effectiveness of these policies is hindered by the community’s weak legal culture and limited public participation in prevention efforts. From the perspective of Lawrence M. Friedman’s legal system theory, the imbalance between structure, substance, and legal culture remains a major obstacle. Meanwhile, from a mashlahah perspective, the protection of victims and the prevention of domestic violence caused by online gambling are considered essential to preserving the well-being of families and society. Therefore, institutional synergy and the strengthening of legal literacy grounded in religious and social values are necessary to build an effective and sustainable protection system.