Syariah: Journal of Fiqh Studies

Nusyūz Suami serta Mekanisme Penyelesaiannya Perspektif Fikih Munākaḥāt

2024-11-08T16:48:31+00:00

Nusyūz was often associated with women. This stereotype has led to a legal gap, where it is perceived that only women are bound by nusyūz, while men are unfamiliar with the term. In fact, the definition of nusyūz can be applied to both men and women. Therefore, this paper aims to recontextualize the term nusyūz to ensure its implementation in a similar manner. The research method used was qualitative, with a library research approach, focusing on fiqh munākaḥāt (Islamic family law). This study was descriptive in nature. The results of the research conclude that nusyūz has two meanings: (1) the decline in the husband's interest and (2) the neglect of rights. The solution to nusyūz in the context of declining interest is reconciliation (iṣlāh). Meanwhile, nusyūz, in the context of neglecting rights, can include neglect of maintenance (nafkah) and domestic violence. The solution is to report the matter to a judge, which could even lead to divorce. Additionally, nusyūz can occur simultaneously in both the partners. The solution in this case involves two negotiators (ḥakam) representing each spouse to make a decision that is beneficial for both parties.

Meninjau Ulang Fatwa Hukum Tubektomi Melalui Pendekatan Baru “Manhaj Bermazhab”

2024-11-13T18:10:00+00:00

Tubectomy, a permanent contraceptive procedure, generates debate within Islamic law concerning its validity. This study aims to evaluate the legality of tubectomy using a mazhab-based approach through the takhrij method, which is a method for deriving legal rulings from the perspective of Islamic schools of thought. The research critiques views permitting tubectomy based on changes in legal rulings due to changes in 'illat and maslahat mursalah, and compares the fatwas of the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and academic perspectives from Fitri A.N., Akhmad Farid M.S., and Herlina Utami. A qualitative descriptive-analytical method is employed to analyze various sources, including classical fiqh texts and contemporary fatwas. The findings indicate that tubectomy is deemed haram and that the success of rekanalisasi does not alter this ruling. The consistency of this prohibition is based on the fact that reproductive organs cannot return to their natural function without medical intervention, thereby violating Islamic contraceptive principles. This conclusion supports the fatwa of NU which asserts the prohibition of tubectomy and rejects views allowing it under the condition of rekanalisasi. The study offers an in-depth understanding of the legal status of tubectomy and invites further discussion on contraceptive methods within modern Islamic jurisprudence.

Implementasi UU Demokrasi dan Nilai-Nilai Urgensinya dalam Politik Islam di Indonesia

2024-12-03T03:40:41+00:00

This study examines the implementation and urgency of the Democracy Law in Indonesia. Although democracy is reflected in the 1945 Constitution, Muslim intellectuals often view this concept as foreign. Democratic principles such as majority rule, freedom, and justice face challenges in their application because not all democratic concepts can be reconciled with Islamic law. This research analyzes the interaction between Islamic values, such as benefit and justice, with the democratic principles of the 1945 Constitution and the potential alignment between the two to enhance political stability. The novelty of this study lies in its in-depth comparative analysis between the democratic principles of the 1945 Constitution and the concept of Islamic governance in classical and contemporary fiqh. The method used is a descriptive qualitative approach, analyzing Indonesian legal texts and relevant classical and contemporary fiqh works. The findings indicate the potential for synergy between democratic principles and Islamic values despite challenges in implementation. The application of the Democracy Law in Indonesia requires an approach that is sensitive to religious values, particularly in terms of justice, freedom, and governance based on benefit. Its implications could shift the paradigm of democratic implementation in Indonesia, emphasizing the importance of synergy between state law and religious teachings in creating a just and prosperous government for people.

Wacana Program Bansos untuk Korban Judi Online dalam Tinjauan Al-Maṣlaḥaḥ Al-Mursalah Perspektif Wahbah Az-Zuḥaili

2024-11-08T16:38:43+00:00

The Minister of Human Development and Cultural Affairs, Muhadjir Effendy, opened the opportunity for victims of online gambling to be included in Social Welfare Integrated Data (DTKS) so that they could receive social assistance. The victims are family members or close relatives who have been financially harmed by online gambling perpetrators. This programme sparked support and opposition from various circles. The emergence of these differing views is influenced by varying perspectives on assessing the maṣlaḥaḥ (public interest) of the program. Indeed, in the context of Islamic law, maṣlaḥaḥ can be used as a basis for legitimizing something, a method known as al-maṣlaḥaḥ al-mursalah. However, according to Wahbah az-Zuḥaili in Uṣūl al-Fiqh al-Islāmi, the measure of maṣlaḥah is not human logic but the legitimacy of syariat regarding a particular form of maṣlaḥah. According to Wahbah az-Zuḥaili, human reasoning will always differ in assessing maṣlaḥah, as seen in the differing opinions of some scholars regarding the maṣlaḥah of social assistance programs. The aim of this study is to analyze the discourse surrounding the social assistance program for victims of online gambling from the perspective of al-maṣlaḥaḥ al-mursalah, according to Wahbah az-Zuḥaili. To achieve this goal, the research method used was qualitative, with a library research approach. The data collection technique involves reviewing various literature, including classical and contemporary scholars' books, scientific articles, and other relevant sources. The results of this study indicate that this program is in line with the standards of the concept of al-maṣlaḥaḥ al-mursalah, as outlined by Wahbah az-Zuḥaili.

Batas Usia Capres-Cawapres Dalam Keputusan MK No. 90/PUU-XXI/2023 Dan Implikasinya Terhadap Dinasti Politik Perspektif Fikih

2024-11-19T14:02:35+00:00

The Regulation on changing the age limit for presidential and vice presidential candidates by the Constitutional Court (MK) No. 90/PUU-XVIII/2023 has drawn pros and cons, with some people supporting and some rejecting it because it is considered to have the potential to worsen political dynamics, especially regarding the practice of political dynasties. Based on this reality, this study aims to assess whether the Constitutional Court's decision is in line with the Islamic jurisprudence view and to explain the Islamic jurisprudence view regarding the potential for strengthening political dynasties that may arise as a result of this policy. This study uses a literature review approach. The main sources used are the Qur'an, Hadith, the at-turās pole, and the Constitutional Court's Decision No. 90/PUU-XXI/2023. The analysis was carried out qualitatively, with a comparative approach to compare the Islamic jurisprudence perspective on age as a leadership criterion with provisions in positive law. The results of this study show that from a fiqh perspective, the change in the age limit for presidential and vice presidential candidates in the Constitutional Court's decision is in line with Islamic principles in terms of implementing policies that are beneficial. However, even though the Constitutional Court's decision is legally valid, Islamic jurisprudence does not justify the existence of external factors behind the decision, especially those related to conflicts of interest that have the potential to strengthen the practices of political dynasties. The practice of political dynasties is contrary to the Islamic jurisprudence view, which prioritizes governance and is not centered on a handful of groups. Therefore, the government must ensure the existence of regulations that can prevent the dominance of political dynasties and guarantee the election of quality leaders.