THE SOCIAL ISSUES OF THE MUNAKAHAH IN THE PERSPECTIVE OF MAQASHID AL-SHARIA

Asmawi, 197509032003121004 (2021) THE SOCIAL ISSUES OF THE MUNAKAHAH IN THE PERSPECTIVE OF MAQASHID AL-SHARIA. Review of International Geographical Education Online (RIGEO), 11 (10). pp. 2328-2336. ISSN 2146- 0353

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Abstract

This article aims to explain the perspectives of maqasid al-Syariah regarding the social issues of the munakahah in Indonesia. Munakahah refers to the Islamic rules related to family law, such as engagement, marriage, walimah, nafaqah, mawaris, and children's education. This research uses library research with content analysis as the analysis technique. The analysis began by explaining the theoretical description of the munakahah and its problems in Indonesian Muslim society. In the perspective of munakahah fiqh, the khitbah or marriage proposal, the consent agreement, qabul, guardianship, witnesses, dowry, walimah al-ursy, khulu ', dhihar, li'an, thalaq, and children's education (tarbiyat al-awlad) can be approached by using maqashid al- sharia to achieve the ideal goal of Islamic law as God's servants. Maqasid al-Syariah in Islamic law research puts fiqh maqashid as a disicpline separated from ushul fiqh.

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