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All Journal Al-'Adalah Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam
Bin Mujib, Lalu Supriadi
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Journal : Al-'Adalah

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Tahlil Marriage Among the Sasak Tribe of Lombok Based on Maqashid Al-Shari’ah Perspective and Its Relevance to Compilation of Islamic Law Arifin H. Munir, Zainal; Nurul Wathoni, Lalu Muhammad; Bin Mujib, Lalu Supriadi; Dahri, Harapandi
al-'adalah Vol 19, No 2 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i2.14495

Abstract

This study examines the practice of Tahlil Marriage carried out in several sub-districts in East Lombok Regency. Tahlil marriage or Cine Bute or muhallil is carried out as a condition that reconciliation between ex-husband and ex-wife who has been divorced is permissible. Tahlil Marriage (Cine Bute) in the Sasak community is carried out secretly without authorization from the Office of Religious Affairs. This research is classified as qualitative research with an empirical normative approach. Data were collected using observation, interview and documentation techniques and were analyzed through the perspective of Maqasid al-Shari’ah and Compilation of Islamic Law (KHI). This research found that Tahlil marriage in East Lombok Regency was divided into three forms: common marriages, contractual marriages, and common marriages initiated by contract marriages. In the view of Maqasid al-Shari'ah, the Tahlil marriages carried out by the Sasak tribe do not fulfill the aspects of dharuriyya, hajjiyat and tahsiniyyat. Among the factors that influence the Tahlil marriages performed by the Sasak tribe are the ease of divorce, the lack of public legal awareness, the low level of public education, the lack of understanding of religion and the weakness of law enforcement.
The Concept of Qath`i and Zhanni and Its Implication to Religious Behavior among Muslim Communities in Lombok Bin Mujib, Lalu Supriadi; Hamim, Khairul; Bin Gunardi, Setiyawan
al-'adalah Vol 17, No 2 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i2.6975

Abstract

The difference in understanding of the concepts of qath`i and zhanni is the root of the problem that causes conflict among Muslims, especially among the Salafi and non-Salafi communities. This study aims to determine the concepts of qath`i and zhanni, the response of the Salafi and non-Salafi communities to the concepts, and its implications in shaping their religious behavior. This study used a descriptive qualitative approach with a case study method and a field research design. Collecting data using observation, interview, and documentation techniques. The data analysis technique uses the description, interpretation, criticism, and conclusion stages. The results of this study indicate that the concepts of qath`i and zhanni are used by ulama Ushul Fiqh to analyze legal texts from the linguistic aspect that are used as standards for assessing the legality and validity of the law. Salafi and Non-Salafi communities agree on qath`ias an inviolable conception, whereas zhanni is not considered. Methodological differences in identifying the concept of qath`i and zhanni areas have implications for religious behavior among Muslims in Lombok, Mataram. By using a textual approach and ignoring the contextual approach, Salafis consider laws that are still in a clear area as qath`i. On the other hand, Non-Salafis use textual and contextual approaches to conclude that the law that is still being debated is zhanni.
Co-Authors Arifin H. Munir, Zainal Bin Gunardi, Setiyawan Dahri, Harapandi Fajariani, Nonik Khairul Hamim Maghfurrohman, Muhammad Nurul Wathoni, Lalu Muhammad