DIALEKTIKA PEMIKIRAN HUKUM ISLAM (STUDI TERHADAP PRO-KONTRA POLIGAMI DI INDONESIA)

SUUD SARIM KARIMULLAH, S.H., NIM. 19203010058 (2021) DIALEKTIKA PEMIKIRAN HUKUM ISLAM (STUDI TERHADAP PRO-KONTRA POLIGAMI DI INDONESIA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The issue of polygamy is an interesting topic of study to always be discussed because it often reaps controversies that not only occur among the general public but also among Indonesian Muslim scholars who have different views. The problem now is how to find out about the different views on polygamy that developed among Indonesian Muslim scholars as an effort to provide scientific insight to the general public so that they are not confused in responding to differences of opinion about polygamy that occur among Indonesian Muslim scholars so that it does not become a 'conflict of opinion'. which ended in a stalemate. This research is a type of library research, which critically examines the value of substance in the text in the form of thoughts or opinions of Indonesian Muslim scholars about polygamy. In this case, the thoughts or opinions of Indonesian Muslim scholars are used as objects of research which are then integrated between these opinions with a descriptive-analytic nature. Furthermore, research sources include; Law of Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law (KHI), and various references to polygamy which are the work of Indonesian Muslim scholars. Meanwhile, the data collection technique uses the content analysis method with a normative-juridical approach through data analysis carried out with the concept of dialectics and deductive patterns as an effort to draw conclusions. The results of this study state that the difference in views regarding polygamy in Indonesia is a dialectical process of understanding Islamic religion and socio-culture caused by differences in perspectives and interpretations as well as methods in reviewing textual arguments that are adapted to scientific capabilities and cannot be separated from socio-cultural issues. cultural life of each actor. The results of legal thinking carried out by Indonesian Muslim scholars each have a normative-juridical basis that can be justified. The difference in the formulation of the law occurs because it is intervened by the knowledge factor about the Shari'a and the socio-cultural aspects of their respective lives so that there is a legal difference. So when looking at and finding out about the different laws of polygamy among Indonesian Muslim scholars, they do not have to look at right and wrong, because potentially all of them are true because it is based on the results of their ijtihad while still considering that the law of polygamy must be in accordance with the locus and tempo and social conditions local communities.

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