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All Journal Journal of Islamic and Law Studies (JILS)
Akhmad Wafi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reaktualisasi Persyaratan Perempuan Menjadi Saksi Perkara Perdata Dalam Fikih Klasik Dan Korelasinya Pada Hukum Modern Akhmad Wafi; Almejiem Aditya Wijaya; Muhammad Noor Ridani; Budi Rahmat Hakim; Muhammad Haris
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 7 No. 2 (2023)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v7i2.11550

Abstract

Abstract: Testimony between men and women in muamalah (civil) cases in Islamic courts is explicitly verbis mentioned in Surah Al-Baqarah verse 282. But in the contemporary era whether the concept of testimony in the view of the law can be reactualized so as to cause two different points of view. This article proposes a reactualization of a new understanding of how the concept of male and female testimony in the contemporary era is in accordance with the times through an in-depth review by looking at two aspects, namely the influence of modernization on legal novelty and how it is viewed through an Islamic perspective. This research aims to gain a better understanding of the progressivity of Islamic law in line with the times. The research method used is normative law, including analysis of the arguments contained in the Qur'an and relevant Hadith and added some thoughts and literature from scholars. Based on this, the results show that the approach of modernization that affects legal novelty explains that Islamic law always has suitability in any time and place and the reactualization of understanding of the concept of gender in witnesses in Islamic courts can be adjusted by paying attention to legal facts in the trial. Keywords: Contemporary Law; Islamic Court; Witnesses; Women Witnesses
Postgenderisme dalam Tinjauan Hukum Islam Akhmad Wafi; Amelia Fatmawati; Almejiem Aditya Wijaya
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 6 No. 2 (2022)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v6i2.12524

Abstract

Postgenderism is an idea that seeks to eliminate gender inhumans with the help of technology. The birth of this idea is ofcourse a concern, especially in the Islamic religion. This articleexamines the position of postgenderism in the Islamic genderperspective and postgenderism in the view of maqasid sharia.Through Islamic Studies research methods, it was concluded thatpostgenderism violates the gender provisions in Islam, wherehumans are created as male and female, and is also different fromthe concept of khuntsa or double sex. Based on a review of maqasidsharia, postgenderism is contrary to the main principles in Islam,namely hifz ad-din (maintaining religion), hifz an-nafs (maintainingself/soul), and hifz an-nasl (maintaining offspring), as well ashifzul mal. This idea of postgenderism erodes faith in the verses ofthe Koran which emphasize gender differences as God's will. Inaddition, gender modification using technology has the potential tocause birth defects in babies, which is contrary to the principle ofmaintaining personal health and safety. Postgenderism aims atpersonal pleasure without considering the preservation of humansand offspring, contrary to the aim of preserving offspring andmaintaining the human population on earth.
Co-Authors Almejiem Aditya Wijaya Amelia Fatmawati Budi Rahmat Hakim Muhammad Haris Muhammad Noor Ridani