PERNIKAHAN SESAMA PEGAWAI FAKULTAS SYARI’AH DAN HUKUM UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA

Muammar Ziauddin, NIM.: 19103050025 (2023) PERNIKAHAN SESAMA PEGAWAI FAKULTAS SYARI’AH DAN HUKUM UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Apart from husbands who provide for the family's livelihood, many wives also engage in employment and even play a role in contributing to the family's financial well-being. Married couples who both engage in employment might also find themselves working within the same professional sphere. Such couples would inevitably face challenges in effectively managing household responsibilities. The impact on working women entails assuming a dual role, that of a career woman and a homemaker. The context under scrutiny in this study revolves around the scenario of husbands and wives working together, possibly within the same professional environment. The focal inquiry pertains to evaluating the concept of "kafa'ah" in the familial relationships of lecturer pairs within the Faculty of Syari'ah and Law at UIN Sunan Kalijaga Yogyakarta. Given the pivotal role of educators in fulfilling the Tridharma of Higher Education, this research delves into the phenomenon of marital relationships among fellow lecturers within the Syari'ah Faculty, from the perspective of "maslahah." The research methodology employed is categorized as qualitative normative legal research. This descriptive-analytical study adopts a sociological approach. The theoretical framework employed draws from the concept of "maslahah" (Istislah as expounded in al-Ghazali's al-Mustashfa) to analyze the phenomenon of marital relationships among fellow lecturers, through the lens of "maslahah." The findings of this research reveal that the principle of "kafa'ah" in the relational dynamics of lecturer pairs within the Faculty of Syari'ah and Law reflects three key principles. These principles include the principle of "mu'asyarah bi al-ma'ruf" (virtuous spousal interaction), the principle of "sakinah, mawaddah wa rahmah" (tranquility, love, and compassion), and the principle of equilibrium between rights and responsibilities. These principles are evident in their daily lives as educators on campus and contribute to the harmony within the families they nurture. The analysis indicates that marriages among fellow lecturers within the Faculty of Syari'ah and Law fall within the realm of "Maslahah al-Mursalah." The consideration of marrying fellow colleagues is classified within the sphere of "Mashlahah dharûriyah" due to its alignment with one of the overarching objectives of "syara'"—the preservation of intellectual faculties ("hifdz al-'aql"). The permissibility of such marriages falls within the scope of "Mashlahah hâjiyah" since it indirectly facilitates lecturers in fulfilling a fundamental goal of "syara'"—the safeguarding of intellectual capacities ("hifdz al-'aql").

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