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Journal : Madani: Multidisciplinary Scientific Journal

Analisis Maslahah Najmuddin Al-Tufi Terhadap Pembagian Warisan Anak Perempuan Irawanda, Mulsir; Wildan, Muhammad; Maloko, H.M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10514157

Abstract

This research aims to determine the benefits according to Najmuddin al-Tufi and the distribution of daughters' inheritance in terms of the concept of benefits. The research method used is descriptive analysis, the data is processed using content analysis. The results of this study show several important points. First: that the benefits according to al-Tufi are different from those understood by the majority of ulama, al-Tufi believes that the benefits are as follows: Benefits and mafsaadat can be assessed on the basis of reason alone, Maslahat is an argument that stands alone and is separate from the syarak text, the scope of benefit is muamalah and custom and benefit are the strongest Islamic arguments. Second: Based on this view, there is nothing wrong with dividing a daughter's inheritance 1:1 as long as there are benefits, even though it is contrary to the Islamic law.
Perlindungan Hak Perempuan Dalam Fatwa MUI Bidang Munâkaḥat Perspektif Maşlaḥah Alwi, Mujahid; R, Rahmatullah; Maloko, H.M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10491481

Abstract

The aim of this research is to discuss the protection of women's rights in the MUI Fatwa in the field of Munâkaḥat from a Maşlaḥah perspective. This research is qualitative research with the type of library research. The data collection method used in this research is literature study. The research results show that there is Maşlaḥah obtained regarding the protection of women's rights in the MUI fatwa in the field of Munâkaḥat. The MUI or Indonesian Ulema Council, the main Islamic administrative body in Indonesia, considers such relations to be legally dangerous because they are considered to violate public regulations. The MUI generally underlines the importance of complying with Islamic norms and state regulations, which is legally dangerous because it is considered to violate public regulations requiring official registration.