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<![CDATA[Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant ]]>
<![CDATA[Johari Johari]]>;
<![CDATA[Maghfirah Maghfirah]]>;
<![CDATA[Ahmad Maulidizen]]>;
<![CDATA[Habiburrahman Rizapoor]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.18442
<![CDATA[The progress of science in the field of medicine has brought immense advantages to human existence. Nonetheless, these advancements have both positive and negative consequences for humanity. They also give rise to deliberation and disagreement, particularly concerning Islamic jurisprudence, as not all medical technological breakthroughs can be embraced without reservation in society. This study is a descriptive, analytic, and comparative literature review. The ushuliy approach is employed to examine the methodology utilized by the two organizations in determining their stance on human corneal transplants. The primary source material used in this research is the fatwa issued by Majelis Ulama Indonesia in 2009 regarding Corneal Transplants. The data for this research was collected through a documentation method, which involves gathering information from various articles and books. The collected data was then analyzed using content analysis, which involves a descriptive and scientific examination of the key messages. The findings of this study reveal that Majelis Ulama Indonesia holds the view that corneal transplants can be performed on individuals in need, with the intention of Tabarru' (acts of charity), if there are no alternative medical options available, based on the principle of Maslahah (benefit or public interest).]]>
<![CDATA[Cumulative Versus Alternative Conditions: A Study of Polygyny Permits in Indonesia From the Perspective of the Legal Certainty Principle ]]>
<![CDATA[Abdul Helim]]>;
<![CDATA[Aris Sunandar Suradilaga]]>;
<![CDATA[Wafit Syuja' Vennovary Benevolent]]>;
<![CDATA[Rabiatul Adawiyah]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.15384
<![CDATA[This paper aims to examine the conflict of authority between the alternative and the cumulative conditions stipulated in Law Number 1 of 1974 concerning Marriage, especially under the polygyny permit section. In this normative study, the problem is focused on the alternative conditions that determine the cumulative conditions and the analysis took into account the critical legal studies and adz-Dzari’ah theories, revealing that the alternative conditions are not appropriate to be determinant that allows polygyny to take place. Instead, these conditions are supposed to be additional or optional. Conversely, the more appropriate condition as the polygyny permit determinant is cumulative. Similarly, in the analysis of the adz-Dzari’ah theory, when the alternative condition is the determinant, it will bring harm instead, meaning that it is included in the category sadd adz-Dzari’ah (prohibited or even forbidden). It is advisable to make the cumulative conditions the determinant of polygyny permits because it carries more benefits that allow for easier polygyny as it is included in the category fath adz-Dzari'ah. If there are requirements, they are still within reasonable limits that can be pursued. In addition, polygynous marriage can be performed before the Marriage Registrar witnessed by the first wife.]]>
<![CDATA[Critical Study of Amina Wadud's Thought in the Issue of Inheritance ]]>
<![CDATA[Fauzan Zenrif]]>;
<![CDATA[Syabbul Bachri]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.22217
<![CDATA[This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.]]>
<![CDATA[The Development of Indonesian Marriage Law in Contemporary Era ]]>
<![CDATA[Nurul Miqat]]>;
<![CDATA[Handar Subhandi Bakhtiar]]>;
<![CDATA[Safrin Salam]]>;
<![CDATA[Kunthi Tridewiyanti]]>;
<![CDATA[Kayode Muhammed Ibrahim]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.17461
<![CDATA[Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.]]>
<![CDATA[Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia ]]>
<![CDATA[Ismail, Ismail]]>;
<![CDATA[Busyro, Busyro]]>;
<![CDATA[Yenti, Endri]]>;
<![CDATA[Amin, Saiful]]>;
<![CDATA[Alwana, Hanif Aidhil]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.17696
<![CDATA[Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.]]>
<![CDATA[Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant ]]>
<![CDATA[Johari, Johari]]>;
<![CDATA[Maghfirah, Maghfirah]]>;
<![CDATA[Maulidizen, Ahmad]]>;
<![CDATA[Rizapoor, Habiburrahman]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.18442
<![CDATA[The progress of science in the field of medicine has brought immense advantages to human existence. Nonetheless, these advancements have both positive and negative consequences for humanity. They also give rise to deliberation and disagreement, particularly concerning Islamic jurisprudence, as not all medical technological breakthroughs can be embraced without reservation in society. This study is a descriptive, analytic, and comparative literature review. The ushuliy approach is employed to examine the methodology utilized by the two organizations in determining their stance on human corneal transplants. The primary source material used in this research is the fatwa issued by Majelis Ulama Indonesia in 2009 regarding Corneal Transplants. The data for this research was collected through a documentation method, which involves gathering information from various articles and books. The collected data was then analyzed using content analysis, which involves a descriptive and scientific examination of the key messages. The findings of this study reveal that Majelis Ulama Indonesia holds the view that corneal transplants can be performed on individuals in need, with the intention of Tabarru' (acts of charity), if there are no alternative medical options available, based on the principle of Maslahah (benefit or public interest).]]>
<![CDATA[Implementation of Maqāṣid Sharī’ah in Reform of Case Management of Violence against Women and Children ]]>
<![CDATA[Aibak, Kutbuddin]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
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DOI: 10.18860/j-fsh.v15i1.20666
<![CDATA[This study aims to reflect on the values of maqāṣid sharī’ah in management patterns of violence cases against women and children. This is based on arguments about case management which until now has not been able to completely resolve violence against women and children in Indonesia. The presence of maqāṣid sharī’ah in the management pattern of violence against women and children is expected to hold strong legitimacy to formulate a management pattern that is integrated with the basis and values of Islamic law goals. This step is a form of embodiment to resolve violence cases against women and children through maqāṣid sharī’ah-based case management to reflect the resolution of violence cases through integrated steps to realize solutive fiqh for the matter. In an academic purview, this study uses a literature review involving primary and secondary data observed with in-depth analysis. The findings in this study indicate that maqāṣid sharī’ah has implications for the realization of protection for women and children through case management reforms.]]>
<![CDATA[Cumulative Versus Alternative Conditions: A Study of Polygyny Permits in Indonesia From the Perspective of the Legal Certainty Principle ]]>
<![CDATA[Helim, Abdul]]>;
<![CDATA[Suradilaga, Aris Sunandar]]>;
<![CDATA[Benevolent, Wafid Syuja' Vennovary]]>;
<![CDATA[Adawiyah, Rabiatul]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
Show Abstract
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Download Original
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Check in Google Scholar
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DOI: 10.18860/j-fsh.v15i1.15384
<![CDATA[This paper aims to examine the conflict of authority between the alternative and the cumulative conditions stipulated in Law Number 1 of 1974 concerning Marriage, especially under the polygyny permit section. In this normative study, the problem is focused on the alternative conditions that determine the cumulative conditions and the analysis took into account the critical legal studies and adz-Dzari’ah theories, revealing that the alternative conditions are not appropriate to be determinant that allows polygyny to take place. Instead, these conditions are supposed to be additional or optional. Conversely, the more appropriate condition as the polygyny permit determinant is cumulative. Similarly, in the analysis of the adz-Dzari’ah theory, when the alternative condition is the determinant, it will bring harm instead, meaning that it is included in the category sadd adz-Dzari’ah (prohibited or even forbidden). It is advisable to make the cumulative conditions the determinant of polygyny permits because it carries more benefits that allow for easier polygyny as it is included in the category fath adz-Dzari'ah. If there are requirements, they are still within reasonable limits that can be pursued. In addition, polygynous marriage can be performed before the Marriage Registrar witnessed by the first wife.]]>
<![CDATA[Critical Study of Amina Wadud's Thought in the Issue of Inheritance ]]>
<![CDATA[Zenrif, Fauzan]]>;
<![CDATA[Bachri, Syabbul]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
Show Abstract
|
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DOI: 10.18860/j-fsh.v15i1.22217
<![CDATA[This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.]]>
<![CDATA[The Development of Indonesian Marriage Law in Contemporary Era ]]>
<![CDATA[Miqat, Nurul]]>;
<![CDATA[Bakhtiar, Handar Subhandi]]>;
<![CDATA[Salam, Safrin]]>;
<![CDATA[Tridewiyanti, Kunthi]]>;
<![CDATA[Ibrahim, Kayode Muhammed]]>
<![CDATA[ De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Shariah Faculty UIN Maulana Malik Ibrahim Malang ]]>
Show Abstract
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DOI: 10.18860/j-fsh.v15i1.17461
<![CDATA[Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.]]>
