ANALISIS PUTUSAN MAJELIS TARJIH MUHAMMADIYAH XXII TENTANG HUKUM MENIKAH DENGAN WANITA KITABIYAH DALAM PERSPEKTIF MAQASHID AL-­SYARI’AT

SYUHADA, AGUS (2009) ANALISIS PUTUSAN MAJELIS TARJIH MUHAMMADIYAH XXII TENTANG HUKUM MENIKAH DENGAN WANITA KITABIYAH DALAM PERSPEKTIF MAQASHID AL-­SYARI’AT. Other thesis, University of Muhammadiyah Malang.

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ANALISIS_PUTUSAN_MAJELIS_TARJIH_MUHAMMADIYAH_XXIITENTANG_HUKUM_MENIKAH_DENGAN_WANITA_KITABIYAHDALAM_PERSPEKTIF_MAQASHID_AL.pdf

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Abstract

This research is related to the analysis of Majelis Tarjih Muhammadiyah 22th’s decision about law of marriage with Kitabiyah women. This research is based on Maqashid Al­Syari’at. In Majelis Tarjih decision stated that law of marriage with kitabiyah women is forbidden (proscribed). Although, most of Islamic scholar’s opinion showed that marry with kitabiyahwomen is allowed. Based on Majelis Tarjih, it is allowed when it has illat, such as: The marriage is aimed to ask her wife to join Islam. However, in reality, especially in Indonesia, Majelis Tarjih see this case, marriage with kitabiyah women has big disadvantage for Islam community. For most of Muslims those marry with kitabiyah women will follow with their wife’s religion and their children will follow with what their mum’s believed. Majelis Tarjih thought that the illat’s exceptional will be not used to anymore, even it will be attack back, allowing will become proscribing. In this case, by using Saddu Al­Dzari’at method, so Majelis Tarjih decided proscribed, this decision is unique because the method which is used is putting the benefit “first” than nash. It contrasts to most of Islamic scholars’ opinion. So, this research has urgent for knowing the considerations, reasons, methodology and the analysis of Majelis Tarjih in deciding law of marriage with kitabiyah women. In addition, to find out how is the relevance of Maqashid Al­Syari’at. Based on this reference’s study, there are some conclusions of this decision here should be critical, they are: The beneficial which was suggested by Majelis Tarjih is proscribing a Muslim’s marriage with kitabiyah women which has aim to keep his faithful (Hifz Al­Din). It contrasts with nash qath’i (permanent text) which is allowed it clearly. Dzari’at of Majelis Tarjih is suspected to create harmful for a Muslims. On the writer’s view, it is not suitable because it is based on previous research. Furthermore, the law is viewed by all people generally. Besides, the writer suspected that this decision is caused by politis­yuridis factor.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Syariah
Depositing User: Anggit Aldila
Date Deposited: 03 Jul 2012 03:41
Last Modified: 03 Jul 2012 03:41
URI: http://eprints.umm.ac.id/id/eprint/10708

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