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All Journal Jurnal Islam Nusantara Al-Hukama: The Indonesian Journal of Islamic Family Law
Hilmy, Ahmad Arif Masdar
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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DISPARITAS USIA MINIMAL PERKAWINAN DALAM KOMPILASI HUKUM ISLAM PERSPEKTIF TEORI BATAS MAṢLAḤAH SA’ĪD RAMAḌĀN AL-BŪṬI Hilmy, Ahmad Arif Masdar
JURNAL ISLAM NUSANTARA Vol 3, No 1 (2019)
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.138 KB) | DOI: 10.33852/jurnalin.v3i1.123

Abstract

This research is a document research that discussed and analyzed about the disparity in the minimum age limit of marriage in Article 15 of the Indonesian Islamic Law by using the theory of maṣlaḥah Sa'īd Ramaḍn al-Būṭi. This research became urgent in order to increase khazanah of science which is progressive and also opened insight into the opportunities for new thoughts, regarding the absence of rules in the disparity of minimum age limits of marriage for men and women in Islamic law. The data of this study were collected through the documentation method. After that, the reading was done on the text (text reading) and then the texts were analyzed. The result showed that the disparity in the minimum age limit of marriage in Article 15 KHI was based on consideration of the benefit of the family and household. The conclusion of the author's brief research was that the substance contained in Article 15 of the KHI concerning about the disparity in the minimum age limit of marriage for men and women included the benefits of parenting (mental, spiritual, financial and physical), social balance, and responsibility of marriage. The disparity in the minimum age limit of marriage in Article 15 of the KHI was a benefit if it was reviewed by using the theory maṣlaḥah from Sa'īd Ramaḍān al-Būṭi, because it had fulfilled five conditions, which were maslaḥah must be within the scope of the Shari'ah objectives, does not contradict to The Qur'an, does not contradict with the Sunnah, does not contradict with Qiyas, and does not contradict with the more urgent maṣlaḥah.
Matchmaking Bureau at the Ministry of Religious Affairs of Surakarta: The Legal Utilitarianism Perspective on the Samawa Program Utami, Ria Cahyaning; Hilmy, Ahmad Arif Masdar; Al Adawiyah, Mutiah Robiah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.229-252

Abstract

Current matchmaking trends are often facilitated by non-governmental entities, advocating certain ideologies that may contradict the Islamic family law paradigm initiated by the state. The “Samawa Program: Make Me Your Partner” is a matchmaking service undertaken by Surakarta’s Ministry of Religious Affairs. This program emerged in response to limited communication during the COVID-19 pandemic. This article uses a philosophical approach to examine this program’s goals, rules, and strategies and how it aligns with Jeremy Bentham’s legal utilitarianism theory. The article finds that this program is free of charge. It also incorporates marriage guidance practices distinct from marriage counseling practices at the Office of Religious Affairs. The program’s objective is for individuals to receive marriage guidance as a foundation for building a household and to find a soul mate who meets their criteria. Considering seven indicators, the program fully satisfies the intensity, duration, propinquity, and fecundity benefit aspect. However, the program can potentially generate harm regarding the other three elements: certainty, purity, and extent. At this point, the program is deemed worthy of continuation as a facilitation step for finding a suitable partner while obtaining marriage knowledge quickly and credibly.
Co-Authors Al Adawiyah, Mutiah Robiah Utami, Ria Cahyaning