{"title":"Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah","authors":"Muhammad Fashihuddin, Fadil Sj, A. Izzuddin","doi":"10.37680/almanhaj.v5i1.2588","DOIUrl":null,"url":null,"abstract":"The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"891 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Al Ihkam Jurnal Hukum Pranata Sosial","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37680/almanhaj.v5i1.2588","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0
摘要
《伊斯兰教法汇编》是法官小组在宗教法庭审理案件时的物质依据。然而,KHI的实质性内容仍有待审查。其中之一是《公法》第80条第(5)款中关于丈夫赡养妻子义务事由的完全赡养问题。这句话所包含的含义被归类为抽象,从而产生了法官的各种解释,即使在本质上处理的案件往往是相同的。因此,本研究旨在确定完善塔姆金的实质性弱点,重构其意义,并从阿卜杜拉·本·巴耶的马卡西德视角对其进行回顾。采用以KHI为主要法律资料的规范定性方法。采用文献法收集数据的方法。这项研究的结果是:(1)在第80条第(5)款中,KHI发现必须解决的实质性弱点,即:a)不完全通过fiqh的意见;B)文章的实质,导致一般意义的适用性;c)法官的解释各不相同,造成了对自然含义的混淆。(2)在重构文章的过程中,需要在福卡哈的解释和法官之间进行阐述。为了找到一个公式,关于完美婚姻的定义,它的指标,以及妻子谋生的条件。在maqasid审查中,发现用于确定tamkin的方法是sukut al-syari',它属于al-wasilah ila al-maqsad al-tabi'i
Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah
The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i