从古典、当代和印尼的视角看一个执行一夫多妻制的丈夫的正义

Ruslan Daeng Matteru, Abdulahanaa Abdulahanaa
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摘要

在古典观点、当代观点和印尼观点中,一夫多妻制是一个迫切需要被称为伊斯兰思想宝库的问题。其含义清楚地表明,事实上,经典婚姻条款的问题已经经历了文化和趋势认为适合时代的发展。关于一夫多妻的圣训需要解释并与世界各地发生的婚姻文化背景相关联,特别是在前伊斯兰时代的阿拉伯半岛,过去和现在。通过本研究,揭示了古典、当代和印尼的一夫多妻制。本研究采用文献法,通过考察与一夫多妻制相关的经典书籍、书籍和文章。研究结果表明,学者们一致认为正义是允许一夫多妻制的条件,违反一夫多妻制中正义条款的人可以受到制裁,但在制裁的形式上存在分歧。在古典观点中,这种威胁被理解为对道德的威胁,而在当代和印尼的观点中,这种威胁被理解为一种可以受到刑事或民事制裁形式的惩罚的威胁,只是印尼有关婚姻的立法没有规定对违法行为的制裁。
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Justice of a Husband who Performs Polygamy in Classic, Contemporary, and Indonesian Perspectives
Polygamy in classical views, contemporary views and Indonesian perspectives, is an urgent matter to be known as a treasure trove of Islamic thought. The implication is clearly illustrated that in fact the problem of classic marriage terms has been experiencing developments that are considered by culture and trends to be appropriate for the times. Hadith about polygamy requires interpretation and correlation with the cultural context of marriage that has occurred in various parts of the world, especially in the Arabian Peninsula in the pre-Islamic era, past and present. Through this study, it will reveal polygamy in classic, contemporary and Indonesian dimensions. The method in this study is a literature approach, by examining classic books, books and articles related to polygamy. The results of the study indicate that the scholars agree on justice as a condition for allowing polygamy and for those who violate the terms of justice in polygamy can be subject to sanctions, but there are differences regarding the form of sanctions that can be imposed. In the classical perspective the threat is understood as a threat to morality, while in the contemporary and Indonesian perspective the threat is understood as a threat that can be subject to ta'zir punishment in the form of criminal or civil sanctions, it's just that the legislation governing marriage in Indonesia does not regulate sanctions for violation of the law.
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