Konsep Fiqh al-Maālāt Dan Urgensinya Dalam Konstruksi Hukum Islam : Studi Analisis Terhadap Fatwa Majelis Ulama Indonesia Tentang Pernikahan Beda Agama
DOI:
https://doi.org/10.30651/mqs.v13i2.24451Abstract
Abstract This study aims to analyze the fatwa of the Indonesian Ulema Council (MUI) regarding the phenomenon of interfaith marriage in Indonesia, which is currently a hot issue and is often discussed and even debated. The theory used to analyze the fatwa is the theory of the concept of maālāt al-af'āl, which is an approach used to predict and glance at the possible consequences that will arise from an act. This qualitative research focused on library research which is descriptive-analytical based on text studies. In this case, the researcher uses the fatwa of the Indonesian Ulema Council (MUI) on interfaith marriage as primary data. In comparison, the secondary data were from fiqh books, ushul fiqh, and maqaşid as-syarī'ah. This study uses a content analysis approach (content analysis). This method was used to draw conclusions through efforts to bring up the characteristics of the message, which was carried out objectively and systematically. The results show that the Indonesian Ulema Council (MUI) forbids interfaith marriages absolutely, both non-Muslim men marrying Muslim women or Muslim men marrying Ahl al-Kitāb women, although the majority of madzhab scholars are of the opinion that it is permissible to marry Ahl al-Kitāb women for Muslim men. This shows that the Indonesian Ulema Council (MUI) has theoretically and practically implemented the concept of maālāt al-af'āl in the process of ijtihād and the adoption of Islamic law by predicting the impact of the marriage, such as the emergence of various problems in the household such as the implementation of worship, the future of beliefs and children's education, food arrangements, and practices related to religious traditions.
Keywords: Fiqh al-Maalāt, Fatwa, MUI, Interfaith Marriage.
Downloads
Published
Issue
Section
License
The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah and Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya as publisher of the journal.
Copyright encompasses exclusive rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms and any other similar reproductions, as well as translations. The reproduction of any part of this journal, its storage in databases and its transmission by any form or media, such as electronic, electrostatic and mechanical copies, photocopies, recordings, magnetic media, etc., will be allowed only with a written permission from Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah and Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya.
Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya, the Editors and the Advisory Editorial Board make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the Tadarus are sole and exclusive responsibility of their respective authors and advertisers.
Rights of Authors
The Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah And Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya recognize the retention of the following:
- Patent and trademark rights and rights to any process or procedure described in the article.
- The right to photocopy or make single electronic copies of the article for their own personal use, including for their own classroom use, or for the personal use of colleagues, provided the copies are not offered for sale and are not distributed in a systematic way outside of their employing institution (e.g. via an e-mail list or public file server). Posting of an article on a secure network (not accessible to the public) within the author’s institution is permitted.
- The right, subsequent to publication, to use the article or any part thereof free of charge in a printed compilation of works of their own, such as collected writings or lecture notes.