Maqāṣid Al-Syarī’ah Dalam Tinjauan  Pemikiran Ibnu ‘Āsyūr Dan Jasser Auda

Ni'ami, Mohammad Fauzan; Bustamin, Bustamin

doi:10.31958/juris.v20i1.3257

Cited by 8 publications

(8 citation statements)

References 9 publications

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“…The perspectives of researchers and contemporary academics were also considered in understanding this practice. The sources utilised in this study encompass scholarly materials procured from libraries, journal articles, theses and dissertations, personal collections, e-books, and digital libraries, such as the al-Maktabah al-Shāmilah application (Ni'ami & Bustamin, 2021). Subsequently, the content analysis was performed to gain comprehensive insights into the legislation surrounding female circumcision (Busyro et al, 2023).…”

Section: Methodsmentioning

confidence: 99%

Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia

Mohd Ithnin,

Suliaman,

Ibrahim

2023

JURIS

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The United Nations (UN) General Assembly resolution on 20 December 2012 declared female genital mutilation (FGM) illegal and a violation of women's rights. This declaration was made following the World Health Organization's (WHO) call to eradicate FGM in 1997. The prohibition includes all forms of mutilating, harming, or causing pain to the female genitalia. The female circumcision practice in Malaysia is also categorized as FGM by the United Nations Human Rights (UNHR) at the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2018. In light of these developments, this qualitative study examines and compares the true nature and concepts of FGM and the female circumcision practice from the perspective of Al-Sunnah Al-Nabawiyyah. Documentation was employed for data collection, analysis, and interpretation. The findings reveal a significant divergence between FGM and female circumcision. Female circumcision is more similar to the aesthetic surgery of the female genitalia, known as clitoral hood reduction, which can enhance women's sexuality. In conclusion, female circumcision in Malaysia is not a torturous act that violates women's rights, but rather a safe practice following Islamic law. This study also proposes a comprehensive research initiative aimed at formulating secure and Sharia-compliant protocols for female circumcision.

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Section: Methodsmentioning

confidence: 99%

Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia

Mohd Ithnin,

Suliaman,

Ibrahim

2023

JURIS

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“…Jasser Auda states that maqāṣid al-sharī'ah is now being developed in line with discussions on human rights and humanity (Ni'ami & Bustamin, 2021). He mentions that the theory of ḥifż al-nasl has been expanded to encompass family rights by Ibn 'Ashūr.…”

Section: The Principle Of Humanity In Maqāṣid Al-sharī'ahmentioning

confidence: 97%

The Concept of "Humanity" in the Perspective of Maqāṣid Al-Sharī’ah

Moh. Husnul Affan,

Asep Awaludin

2023

AJISH

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The application of sharia in Islam is a matter that must be done, in the form of worship, mua'amalah and law. However, in legal practice, often the application of the Shari'ah encounters many obstacles in the form of protests or rejections from many parties. This is triggered by the conception of Human Rights (HAM) which has been raised by the West in the 19th century. Thus, it is widely stated that shari'ah in Islam, especially in the application of law (hudūd) is widely seen as treatment that is not in accordance with human rights. However, it turns out that the conception of human rights and humanity implied in it still has various epistemological and theological problems. Human rights that have been discoursed by the West are completely loaded with the paradigm of Humanism-Secular which is very contradictory in Islam. For this reason, Muslims design a separate conception of human rights that is in accordance with the Islamic worldview. So, in this article, the author will discuss the suitability of the purpose of implementing sharia or maqāṣid al-sharī'ah with humanity based on an Islamic view. The writing of this article uses qualitative research methods with a library research model. The writing of this article uses qualitative research methods with a library research model.

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“…72 He emphasizes that Islamic laws should be interpreted in accordance with the principles of maqasid al-shariah, which aim to achieve the primary objectives of Islamic law such as preserving religion, life, intellect, progeny, and wealth. 73 In the case of domestic violence, the emphasis on these principles implies that acts of violence against wives contradict these primary objectives and thus cannot acceptable within the true context of Islamic law. 74 Furthermore, Auda asserts that physical punishment, as sometimes interpreted from certain verses in the Qur'an, must be understood within a broader context, where specific conditions and ethical considerations are taken into account.…”

Section: The Concept Of Islamic Law Regarding Domestic Violencementioning

confidence: 99%

Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis

Ladiku,

Zaman

2024

jua. jurnal. penelitian. dan. studi. hukum. islam.

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This article aims to examine domestic violence from the perspective of Islamic law with a focus on the maqasid sharia. This study is important to present as a counter-narrative to the widespread view that Islam legalizes violence, due to the tradition of reading normative texts (the Qur'an and Hadith) in a textualist manner. This research uses a quasi-qualitative and descriptive approach and falls into the category of library research. In gathering data sources, the researcher used various instruments, such as observation and documentation or study of related documents. The primary data sources of this research are the Qur'an, Hadith, and fatwas of scholars, while the secondary data sources consist of other relevant literature such as books and journals related to the topic under study. The analysis used by the researcher includes data reduction, data display, and conclusion drawing. To clarify the validity of the data, the researcher conducted source and method triangulation. From the study conducted, this research concludes that Islamic teachings reject domestic violence and advocate for a humane and just approach within the framework of Islamic law. The prophetic tradition reinforces the prohibition against violence towards women based on the principle of mu�asyarah bi al-ma�ruf (living together in kindness) in Islam. This study encourages the goverment and related institutions to strengthen legal protection for victims and to enforce strict sanctions against perpetrators of violence.

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Maqāṣid Al-Syarī’ah Dalam Tinjauan Pemikiran Ibnu ‘Āsyūr Dan Jasser Auda

Cited by 8 publications

References 9 publications

Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia

Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia

The Concept of "Humanity" in the Perspective of Maqāṣid Al-Sharī’ah

Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis

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