Fatwa Ulama tentang Hukum Nikah Misyar Perspektif Maqasid Shari'ah

Authors

  • Chomim Tohari Islamic Law Marmara University Turkey

DOI:

https://doi.org/10.21154/al-tahrir.v13i2.14

Abstract

Abstract: Misyar marriage is a model of marriage which can be defined as an official marital, relationship between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. The muslim scholars have difference opinion about the law of the such marriage. Like any other issues in Islam, it has been a point of controversy and argument, especially among theologians. In this case, some allow, some prohibit and some others are in quo status called tawaqquf in deciding the rule and regulation of such marriage. This study examines the opinions of contemporary muslim scholars based on maqa>s}id shari>’ah perspective, to see which opinion should be prioritized and selected by considering aspects of maqa>s}id shari>’ah in connection with marital contexts, and considering its benefits and harms as a result of the maqa>s}id shari>’ah. The method used in this study was library research or text study (study of documents). The results of this study concluded that the banning of misya>r marriage ”“certaintly in the context of Indonesian society ”“ was mostly in line with maqa>s}id shari>’ah in a broad sense, that is, to achieve its benefits and prevent its disadvantages.

Downloads

Download data is not yet available.

Downloads

Published

2013-11-01

How to Cite

Tohari, C. (2013). Fatwa Ulama tentang Hukum Nikah Misyar Perspektif Maqasid Shari’ah. Al-Tahrir: Jurnal Pemikiran Islam, 13(2), 207–232. https://doi.org/10.21154/al-tahrir.v13i2.14

Issue

Vol. 13 No. 2 (2013): Hukum Islam

Section

Articles

License

Please find the rights and licenses in Al-Tahrir. By submitting the article/manuscript of the article, the author(s) agree with this policy. No specific document sign-off is required.

1. License

The non-commercial use of the article will be governed by the Creative Commons Attribution license as currently displayed on Creative Commons Attribution-NonCommercial 4.0 International License. 

2. Author(s)' Warranties

The author warrants that the article is original, written by stated author(s), has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author(s).

3. User/Public Rights

Al-Tahrir's spirit is to disseminate articles published are as free as possible. Under the Creative Commons license, Al-Tahrir permits users to copy, distribute, display, and perform the work for non-commercial purposes only. Users will also need to attribute authors and Al-Tahrir on distributing works in the journal and other media of publications. Unless otherwise stated, the authors are public entities as soon as their articles got published. 

4. Rights of Authors

Authors retain all their rights to the published works, such as (but not limited to) the following rights;

  • Copyright and other proprietary rights relating to the article, such as patent rights,
  • The right to use the substance of the article in own future works, including lectures and books,
  • The right to reproduce the article for own purposes,
  • The right to self-archive the article,
  • The right to enter into separate, additional contractual arrangements for the non-exclusive distribution of the article's published version (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal (Al-Tahrir).

5. Co-Authorship

If the article was jointly prepared by more than one author, any authors submitting the manuscript warrants that he/she has been authorized by all co-authors to be agreed on this copyright and license notice (agreement) on their behalf, and agrees to inform his/her co-authors of the terms of this policy. Al-Tahrir will not be held liable for anything that may arise due to the author(s) internal dispute. Al-Tahrir will only communicate with the corresponding author.

6. Royalties

Being an open accessed journal and disseminating articles for free under the Creative Commons license term mentioned, author(s) aware that Al-Tahrir entitles the author(s) to no royalties or other fees. 

7. Miscellaneous

Al-Tahrir will publish the article (or have it published) in the journal if the article’s editorial process is successfully completed. Al-Tahrir's editors may modify the article to a style of punctuation, spelling, capitalization, referencing and usage that deems appropriate. The author acknowledges that the article may be published so that it will be publicly accessible and such access will be free of charge for the readers as mentioned in point 3.