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All Journal al-Afkar, Journal For Islamic Studies
Nawirman
Universitas Islam Negeri Alauddin Makassar
Social Sciences

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Nikah Sirri Versus Nikah Understand Acte: Perspective of Contemporary Islamic Law Nawirman; Achmad Musyahid; Hartiningsih; Nurchamidah
al-Afkar, Journal For Islamic Studies Vol. 6 No. 4 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i4.735

Abstract

The perspective of contemporary Islamic law is a perspective that tries to see further how understand acte versus sirri marriage exists in the midst of modern human life as a phenomenon. An approach based on the responsive fiqh paradigm is a necessity in the development of contemporary Islamic law, including addressing sirri marriage versus understand acte marriage. In this process, a marriage that is carried out must be carried out through an understand acte marriage because with the registration of marriages at an official state institution, this will guarantee state protection with its normative juridical authority for the parties involve. Phenomenon of modern human life today which shows that marriage with sirri marriage raises various problems implies the need for contemporary Islamic law to emphasize that registration of marriage in an official state institution or understand act marriage is an aspect that needs to be considered to become a legal requirement of a marriage.
Sociological Factors Of Imam Syafi’is Qaul Qadim And Qaul Jadid Nawirman; Kurniati; Misbahuddin; Nurchamidah
al-Afkar, Journal For Islamic Studies Vol. 6 No. 4 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i4.739

Abstract

Imam Syafi'i's ideas regarding qaul qadim and qaul jadid are interesting to observe. From the idea that shows flexibility in the application of Islamic sharia, Islamic law, or Islamic fiqh, it appears that Imam Syafi'i has provided a methodical framework in addressing the application of Islamic sharia, Islamic law, or Islamic fiqh which has relevance to various social contexts that covers it. This implies that Islamic sharia, Islamic law, or Islamic law is a process of grounding theocentric values ​​that are ideal and sacred to anthropocentric values ​​that are very dynamic and profane. In this process, Imam Syafi'i's constructive and innovative ideas regarding qaul qadim and qaul jadid, along with various sociological factors that became the background for changing his views, had practical implications for the birth of a methodical framework for the application of Islamic sharia, Islamic law, or Islamic fiqh that can be applied in different contexts of place, time or circumstances
Co-Authors Achmad Musyahid Hartiningsih Kurniati Misbahuddin Nurchamidah