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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Usroh: Jurnal Hukum Keluarga Islam Medina-Te : Jurnal Studi Islam
Sandy Wijaya
Fakultas Syari’ah Universitas Islam Negeri (UIN) Raden Fatah Palembang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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REINTERPRETATION OF THE KAFA’AH CONCEPT IN JASSER AUDA’S PERSPECTIVE Sandy Wijaya
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 2 (2021): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i2.10221

Abstract

This research is intended to study and analyze the concept of kafa'ah in JasserAuda's perspective. In the concept of kafa'ah, it should be noted that there are still many people who think that kafa'ah only includes the same elements in terms of degree or social strata or wealth. Whereas the essence of kafa'ah is not like that, but among the strategies to create a sakinah, mawaddah, warohmah family. This type of research is library research, namely by collecting a number of data related to the concept of kafa'ah in marriage according to JasserAuda's perspective with the approach maqashidasy-syariah. The Method analysis data used is an inductive qualitative method. This method is done by collecting data, compiled and classified into themes that will be presented, then analyzed and presented with a research framework and then given a full interpretation by describing what it is. The results of the study show that (1) Kafa'ah is equality or harmony, it is important to do in order to achieve the perfection of marriage that avoids domestic life from harm and misery; (2) Wisdom requireskafa'ah is to get to the marriage relationship sakinahmawaddahwarahmah,and result destination weddings are not only referring to the happiness of the world, but also happiness hereafter; (3) The essence of the requirement for kafa'ahinperspectiveJasserAuda's is as a form of self-protection and honor for both each partner and for the two families who have been united in a marriage bond. Keywords: Kafa'ah, Maqashid ash-Shari'ah, JasserAuda.
Analisis Kewenangan dan Putusan Mahkamah Konstitusi dalam Amandemen Ketiga Undang-undang Dasar 1945 dalam Perspektif Siyasah Yesi Imelda; Sandy Wijaya
Medina-te : Jurnal Studi Islam Vol 17 No 1 (2021): Medina-Te: Jurnal Studi Islam
Publisher : Pascasarjana Universitas Islam Negeri Raden Fatah Palembang

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The purpose of this paper is to analyze the authority of the Constitutional Court in the third amendment of the 1945 Constitution. This type of writing is by examining library research or secondary data strengthened in primary data that examines the third Amendment of the 1945 Constitution which focuses on on the Authority and Decision of the Constitutional Court. The approach chosen in this study uses a normative juridical approach, which is carried out by examining library materials or secondary data related to the Constitutional Court. the decision is final, this article is very clearly contrary to human rights, with the determination of the nature of the decision of the Constitutional Court because there is no more opportunity for litigants to take legal action.
HAK MEMILIH ALAT KONTRASEPSI PERSPEKTIF GENDER DAN HUKUM ISLAM Kms Al Fathur Ihsan; Syahril Jamil; Sandy Wijaya
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Using of the contraceptives in household cases between husband and wife is still a gender gap, as the impact of contraceptive use causes some repercussions for some womenFrom this background, the writer formulates the problem as follows: What are the obstacles in choosing contraceptives for married couples from a gender perspective? What is the perspective of Islamic law on the right to choose contraceptives for married couples. The research method is normative research. Data collection is carried out by a library process, namely through research originating from laws and regulations, books, official documents, publications, and research results, the data is analyzed descriptively qualitatively, then conclusions are drawn using the deductive method, namely drawing conclusions from general to specific. The obstacle in choosing contraceptives was due to the inappropriate number of contraceptives for men and women, namely two versus five. Program policy makers were not yet gender sensitive and women did not have the power to decide contraceptive methods, resulting in dependence on husband's decisions. The perspective of Islamic law on the right to choose contraception is permissible as long as it has the motivation to regulate the birth spacing in order to create a sakinah mawaddah warahmah family Keywords: Keluarga Berencana, Contraceptive Devices, Islamic Law
Co-Authors Kms Al Fathur Ihsan Syahril Jamil Yesi Imelda