TELAAH ATURAN KEDUDUKAN DAN KEWAJIBAN SUAMI ISTRI DALAM HUKUM KELUARGA ISLAM INDONESIA PERSPEKTIF MAQASIDI JASSER AUDA

Taufiq Hidayat, S.H, NIM.: 20203012094 (2022) TELAAH ATURAN KEDUDUKAN DAN KEWAJIBAN SUAMI ISTRI DALAM HUKUM KELUARGA ISLAM INDONESIA PERSPEKTIF MAQASIDI JASSER AUDA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Actually, Islamic law has an egalitarian character. But unfortunately, Islamic family law which is written in the fiqh formula has patriarchal law, as well as its codified products (UUP 1/1974 and KHI). This research is an examination of the position rules, and obligations of husband and wife in Islamic family law in order to provide an explanation of the concept of an egalitarian family in the household. This study answered 3 (three) questions. First, how is the concept of the position and obligations of husband and wife in Indonesian Islamic family law from the perspective of maqāṣidi Jasser Auda? Second, to what extent are Jasser Auda's maqāṣidi features relevant to efforts to review the position rules and obligations of husband and wife in Indonesian Islamic family law? Third, what are the theoretical and practical impacts of using Jasser Auda's maqāṣidi concept in the reconstruction effort of the position rules and obligations of husband and wife in Indonesian Islamic family law? To be able to answer these 3 (three) questions, this research uses a juridical approach and a philosophical approach with Jasser Auda's System Approach theory. This thesis is a qualitative research with a descriptive analytical type of literature research. The results of this study conclude that: first, in Jasser Auda's maqāṣidi perspective, several articles of UUP 1/1974 and KHI contain gender-biased patriarchal content because they adopt patriarchal values that are actualized in leadership and division of labor between husband and wife as seen in UUP No.1 /1974 Article 31 paragraph (3) and KHI Article 79 paragraph (1). Second, Jasser Auda's maqāṣidi concepts and features emphasize philosophical values that are applicable so that they can be accommodated in the renewal of Islamic family law in the world including Indonesia. For this reason, the articles studied can be studied and constructed by referring to Jasser Auda's concepts and features to produce provisions that provide balance regarding the position and obligations of husband and wife in the household. Third, the use of Jasser Auda's maqāṣidi concept enables efforts to reconstruct the position and obligations of husband and wife through the features of wholeness, multidimensionality, purpose, cognition, and openness. While the impact of practice in the form of; the election of leadership according to the criteria of the Koran, achieving the concept of partnership or husband and wife partnership, minimizing the practice of domestic violence, and minimizing conflicts in family decision making for women.

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