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Journal : Tasyri'

Maqashid Al-Syari’ah Dalam Kajian Teoritik Dan Praktek Sarah, Siti; Isyanto, Nur
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.6

Abstract

Maqashid al-Shari'ah is an alternative in an effort to solve socio-religious problems in the current era. This is because it is realized that the texts, both the Qur'an and Hadith as the main sources of Islamic law, are very limited in number while social problems continue to emerge one after another. The purpose of this paper is to describe the concept of maqashid al-syari'ah both at the theoretical level and in its application. This study is included in the category of library research by utilizing data or information from ushul fiqh books as a primary source, then assisted by some information obtained from journals, other relevant books as secondary sources. The data obtained were described and then analyzed. This paper finds that: 1) maqashid al-syar'iah is part of qa'idah ushuliyyah and also approaches in understanding the texts of the Qur'an and the Prophet's Hadith. 2) Mujtahids must understand maqashid al-syariah in an effort to capture and interpret the divine verses hidden behind their textual folds. 3) Maqashid al-Sharia as an approach, needs to be refreshed and rearranged according to the current context.
Ketidakpuasan dalam Hubungan Biologis menjadi Alasan Poligami di Kabupaten Purbalingga: Studi Analisis Putusan Perkara No.2126/Pdt.G/2021/PA.Pbg Marwati, Lusi; Mutakin , Ali; Isyanto, Nur
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.136

Abstract

Licensing for polygamy is the granting of rights by the Religious Courts to someone to marry more than one wife. As for efforts to implement a polygamy permit, it must comply with the applicable terms and conditions, as stated in Article 4 paragraph (2) and Article 5 paragraph (1). This article aims to analyze the provisions of the decision No. 2126/Pdt.G/2021/PA. Pbg, regarding polygamy licensing. The type of research used is a normative legal research model. The primary data source used is a copy of the decision No. 2126/Pdt.G/2021/PA. Pbg, while secondary data is in the form of books, journals, and interviews. The data analysis technique uses descriptive analysis, where the data obtained is described and then analyzed. The findings of this article are several considerations that are used as a reference for judges in making decisions no. 2126/Pdt.G/2021/PA. Pbg, namely: 1) Based on Article 4 paragraph (2), Article 5 paragraph (1), and law number 1 of 1974. 2) Based on written and oral evidence from the respondent and the statements of the two witnesses. 3) Based on benefit considerations