Publication: The Use Of Sadd Al-Dhari'ah Incontemporary Islamic Family Law In Indonesia: Concept And Practice
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Date
2024
Journal Title
Journal ISSN
Volume Title
Publisher
USIM PRESS
Abstract
This study analyzesthe application of sadd al-dharīʿahin theprovisionsof Islamic family lawin the IndonesianMarriage Law No. 1 of 1974 and Compilation of Islamic Law (KHI). Sadd al-dharīʿahis amethod to establish the prohibition of certain actions due to their potential of incurring an action with greater harm (mafsadah). This qualitative library study employs the descriptiveanalytical method. The Indonesian Marriage Law and KHI are the primary sources, whereas secondary data come from, among others, texts on maqāṣid al-sharī'ah, uṣūl fiqh, and fiqh. Content analysis is used to make inferences by highlighting themes methodically and objectively. The findings show that both the Marriage Law and KHI, which serve as the main referencesfor Religious Court judges and as positive laws forall Muslim Indonesian citizens, have indirectly adopted sadd al-dharīʿah.This can be seen in clauses related tocurrent marriage issues, such asrestrictions on age of marriage and consentfor polygamy.
Description
Malaysian Journal of Syariah and Law (MJSL) Volume 12 Issue 1 Page (206-215)
Keywords
Sadd al-Dharīah, Islamic Family Law, usul fiqh
Citation
Rachmadhani, F., Mochammad Sahid, M., & Ichsan, M. (2024). THE USE OF SADD AL-DHARI’AH ON CONTEMPORARY ISLAMIC FAMILY LAW IN INDONESIA: CONCEPT AND PRACTICE. Malaysian Journal of Syariah and Law, 12(1), 206–215. https://doi.org/10.33102/mjsl.vol12no1.505