Hudri, Akhmad (2020) Pembaharuan Hukum Perkawinan di Indonesia tentang Wali Nikah dalam Persepektif Maqoṣid Syari’ah. Magister thesis, UIN SMH BANTEN.

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Abstrak

The study of marriage guardians in marriage law in Indonesia according to the perspective of maqoṣid shari'ah is very important. His background is that the marriage guardian is listed in the marriage regulations in Indonesia and is one of the elements in realizing a marriage that is sakinah, mawaddah wa rahmah. With the maqoṣid shari'ah perspective, the study focused on the question of why, what is the context and wisdom, so that the results are expected to be a bridge/solution to the challenges of contemporary dynamics and to be a method as well as the substance of the renewal of marriage law regarding marriage guardians. The purpose of this study is to explore the maqoṣid shari'ah behind the marriage guardianship law and its relevance to the renewal of marriage law in Indonesia. The theory used is why Islamic law becomes a source of law and applies in the Indonesian legal system, how is the process of making law in Islam, how is the theory about the renewal of marriage law in Indonesia. The form of this research is descriptive qualitative. The problem is answered by in-depth interview techniques and literature research. Research data are the result of interviews and library data. The data analysis technique used Miles and Huberman data analysis models. This technique analyzes qualitative data that is carried out interactively and continues continuously until it is complete, so that the data is saturated. The process is done by reducing, presenting, and summarizing the data. The regulations regarding marriage guardians in Indonesia appear to copy and paste from the Shafi'i maẓhab literature, do not consider other maẓhab, and are not yet in line with efforts to strengthen family resilience in the context of national development. Therefore, strengthening maqoṣid shari'ah marriage guardian in marriage regulations is very necessary. The principle of justice, equality before the law, trustworthiness, safeguarding offspring, realizing benefit, and preventing obedience are very important to be included. By strengthening maqoṣid shari'ah the marriage guardian can become one of the ways to eliminate difficult behaviors, acts of violence and discrimination, protect the rights and degrees of women, guarantee the right to form a family, continue legal descendants, and form a strong and powerful generation. The author proposes a renewal of the regulations on marriage guardians by adding editors "the role of marriage guardians must be based on justice, equality before the law, mandate, prohibition to make it difficult, be willing to take care of each other, protect offspring, realize welfare, prevent awareness, build a prosperous family and have good morals". The maqoṣid shari'ah perspective provides a foothold, alternatives and thought contribution for legislators, leaders, religious leaders, judges and legal practitioners, academics, and the general public in carrying out their duties. ABSTRACT

Tipe Item/Data:	Skripsi/Tesis/Disertasi (Magister)
Subjek:	2x4 Fiqh > 2x4.3 Hukum Perkawinan / Munakahat
Divisi:	PASCASARJANA > Hukum Keluarga Islam
User Penyetor:	M.Pd artina Subhan
Tanggal Disetorkan:	26 Okt 2020 09:24
Perubahan Terakhir:	26 Okt 2020 09:24
URI:	http://repository.uinbanten.ac.id/id/eprint/5727

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