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All Journal TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman El-Sirry: Jurnal Hukum Islam dan Sosial
Siregar, Sampurna
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pernikahan Suami Dalam Masa Iddah Istri Perspektif Maslahah Almursalah Dalam Surat Edaran Nomor: P-005/Dj.Iii/Hk.00.7/10/2021 Siregar, Revita Mala; Siregar, Sampurna; Hsb, Putra Halomoan
Tazkir: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 10, No 2 (2024)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tazkir.v10i2.12378

Abstract

AbstractMarriages sometimes do not run smoothly and experience breakdowns, giving rise to divorce which causes a period of iddah. The aim of this research is to find out how the husband's marriage during the wife's iddah period is from the maslahah almurlah perspective in Circular Letter Number: P-005/Dj.Iii/Hk.00.7/10/2021. This research uses a normative juridical approach. So from several points stated in the circular letter Circular Number: P-005/Dj.III/Hk.00.7/10/2021 Concerning Husband's Marriage During the Wife's Iddah Period, it explains that if a husband wants to remarry another woman while the wife is divorced from him and still undergoing the iddah period according to his circumstances, then the husband must wait for his wife's iddah period to finish first. Because there are still obligations that the husband must carry out towards his wife who is still undergoing her iddah period. Advising men not to marry during the wife's iddah period is in line with the principles of maslahah murlah, where the principles of maslahah murlah are actions that contain good or useful values, as well as maintaining the objectives of the Shari'a which are limited by several limits and is not applied to things caused by human passions or desires alone. Apart from the iddah period being an opportunity to return again to rebuild the household, then maslahah murlah in enacting the law must maintain the objectives of the syara', namely maintaining religion, soul, mind, offspring and property.Keywords: Marriage, Iddah, Maslahah Almurlah.
Moderation of Islamic Family Law in Southeast Asia Siregar, Sampurna
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13475

Abstract

This study aims to analyze the moderation of Islamic Family Law in Southeast Asia, focusing on how sharia principles are aligned with the social, cultural, and legal dynamics in the region. This study also aims to explore the efforts of countries such as Indonesia, Malaysia, and Brunei in adapting Islamic family law to remain relevant to local contexts and existing social development trends. The method used in this study is a qualitative approach with literature study, which involves analysis of various written sources, including laws and regulations, legal documents, and case studies from each country. The results of the study show that the moderation of Islamic family law in Southeast Asia includes efforts to integrate the principles of justice, human rights, and gender equality in the implementation of sharia law. In Indonesia, the implementation of the Compilation of Islamic Law (KHI) reflects efforts to protect the rights of women and children, while in Malaysia, sharia courts play a role in balancing sharia values with the needs of contemporary society. The study found that despite the challenges in harmonization between Islamic law and national law, a moderation approach allows Islamic family law to remain relevant and responsive to social change without sacrificing the basic principles of sharia
Co-Authors HSB, Putra Halomoan Siregar, Revita Mala