... (GUNAKAN TTD ASLI BUKAN SCAN PADA LEMBAR PERSETUJUAN DAN PENGESAHAN, UPLOAD ULANG)...Analisis al Istiqra' al Ma'nawi Terhadap Pencegahan Marital Rape Dalam UU Nomer 23 Tahun 2004 Tentang PKDRT

Purwanto, Tri (2021) ... (GUNAKAN TTD ASLI BUKAN SCAN PADA LEMBAR PERSETUJUAN DAN PENGESAHAN, UPLOAD ULANG)...Analisis al Istiqra' al Ma'nawi Terhadap Pencegahan Marital Rape Dalam UU Nomer 23 Tahun 2004 Tentang PKDRT. Masters thesis, IAIN Ponorogo.

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Abstract

The past decade has seen the rapid development of Indonesian family law in its, particularly triggered by, simultaneouslyadequate Islamic law advancementand the existing complex problem.In this case, the Indonesian positive family law is adopted from Islamic law. It implies thatthe pertinent method should beinvestigated to answer such complex problems as well as aimed at revealing implied laws from the Qur'an and Al-Hadith.Consequently, the istimbatul hukmi(Al Istiqra 'Al Ma' nawi) ─the method of Islamic lawmaking was employed to answer the family problemson sexual violence the so-called Marital Rape in the household. This method has been widely used by previous fiqh(Islamic jurisprudence) experts termed asAl Istiqra' (induction approach). Further, Al Shathibi, known as an expert in the field of Usul Fiqh (the theory of Muslim law) and Al Maqashid Al Shari'ah (Islamic law and the purpose of its implementation) with various innovative methods, completed the term with Al Istiqra Al Ma'nawi which was not only prioritizing the law findings of the collective argument but also considering other possible indications to be used as the law determination complement from the text. It was decided that the best method to adopt for the investigation was qualitative research using a content analysis approach. The most obvious finding to emerge from this study wasthat themarital rape, viewed from the Islamic law, is indeed forbidden because of violatingboth the Mu'assharah bi Al Ma'ruf (good deeds for pairs) concept and one of the Al Maqashid Al Shari'ah conceptualized with Ashasiyah al khamsah. Then,nash (law text) provisions are those generally having the same substantial elements as Islamic law, such as the implemented lawsto universally create well-organized community life.

Item Type: Thesis (Masters)
Thesis Supervisor: Miftahul Huda
Subjects: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
Divisions: Fakultas Syariah > Jurusan al-Ahwal al-Syakhshiyyah
Depositing User: Mr Perpustakaan IAIN Ponorogo
Date Deposited: 09 Jun 2021 02:05
Last Modified: 09 Jun 2021 02:05
URI: http://etheses.iainponorogo.ac.id/id/eprint/15594

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