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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Marbujang
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Poligami dalam Hukum Islam: Kajian Atas Dampak Sosial dan Ekonomi terhadap Keharmonisan Rumah Tangga Marbujang; Putrado Herliansyah; Suweknyo; Handika Utama Putra; Mita Mauli Nanda
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46325

Abstract

Polygamy is an interesting issue to discuss in the study of Islamic Family Law. This is because the discussion of polygamy has its own polemics. From the phenomenon of polygamy practices that are currently occurring, the author wants to explore and explore the Impact of Polygamy on Social and Economics in Household Harmony. Exploring the impact of polygamy does not mean disagreeing with the practice of polygamy. However, to find out the impact of the practice of polygamy itself. As this is the purpose of this study. The importance of studying this is to find out the impact of polygamy practices that occur in society comprehensively, both from social and economic impacts. In this study, the author uses the type of research (library research) Literature or literature review. In this study, the results of the study were found on the Impact of Polygamy Practices on Social and Economics in Household Harmony, including the strained relationship between the father and the first wife and children due to the presence of a new person in the household, which will then affect the stability of the peace of mind of the first wife and children due to disappointment with a father because of polygamy even though they know that polygamy is allowed. And automatically the economic income of a father is also divided, as well as the affection of a father because the income from shopping and affection must be divided among all families.
JATUHNYA THALAQ PERSFEKTIF IMAM SYAFI’I DAN IMAM MALIKI Marbujang
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 10 No. 2 (2025): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Universitas Nahdlatul Ulama Al Ghazali Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v10i2.1833

Abstract

This research seeks to explore of thalaq within the Syafi‘i and Maliki schools through a comparative lens, aiming to uncover their shared principles, methodological differences, and contemporary relevance for family law reform. The results indicate that both the Syafi‘i and Maliki traditions are grounded in the same foundational legal authorities—the Qur’an, the Sunnah, and ijma‘ and exhibit parallel structures in their classification of thalaq as well as in their treatment of iddah and ruju‘. However, clear divergences arise in their methodological frameworks. The Syafi‘i school maintains a predominantly textual and literal orientation, while the Maliki school places greater emphasis on contextual considerations through the use of ‘amal ahl al-Madinah and the principle of maslahah mursalah. These contrasting approaches produce differing legal assessments concerning divorce pronounced in anger, the validity of triple thalaq, and the extent to which intention determines the legal consequences of a divorce pronouncement.
REKONSTRUKSI HUKUM KELUARGA ISLAM MELALUI INTEGRITAS MAQASID AL-SYAR’IAH DAN PRINSIP HAM DI INDONESIA Hendrianto; Marbujang; Herliansyah, Putrado; Anro Foza, Yerry; Suyatna, Enang
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 10 No. 2 (2025): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Universitas Nahdlatul Ulama Al Ghazali Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v10i2.1838

Abstract

This research explores the potential integration of maqāṣid al-sharī‘ah with human rights principles (HAM) as a conceptual basis for advancing the modernization of Islamic family law in Indonesia. Through a qualitative–descriptive method grounded in library-based investigation, the study examines a range of primary references such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI). The results indicate that maqāṣid al-sharī‘ah align closely with the core values upheld by human rights, especially concerning justice, the preservation of human dignity, and the promotion of societal welfare Moreover. In conclusion, the study provides a meaningful contribution by outlining a theoretical and practical model for reforming Islamic family law into a system that is more human-oriented, inclusive, and responsive to human rights concerns. At the same time, it enhances the relevance and standing of Islamic law within Indonesia’s national legal structure.
Co-Authors Anro Foza, Yerry Handika Utama Putra Hendrianto Herliansyah, Putrado Mita Mauli Nanda Putrado Herliansyah Suweknyo Suyatna, Enang