Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis
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...
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| Format: | Article |
| Language: | Arabic |
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Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2024-05-01
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| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
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| Online Access: | https://jurnal.unissula.ac.id/index.php/ua/article/view/35740 |
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| author | Hamdan Ladiku Akhmad Roja Badrus Zaman |
| author_facet | Hamdan Ladiku Akhmad Roja Badrus Zaman |
| author_sort | Hamdan Ladiku |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-0aef52e262164ac9bdd30efe1642aa03 |
| institution | Kabale University |
| issn | 2597-6168 2597-6176 |
| language | Arabic |
| publishDate | 2024-05-01 |
| publisher | Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang |
| record_format | Article |
| series | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| spelling | doaj-art-0aef52e262164ac9bdd30efe1642aa032025-02-02T05:43:33ZaraJurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung SemarangUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2597-61682597-61762024-05-016215217010.30659/jua.v6i2.357409573Examining Domestic Violence from The Lens of Islamic Law: A Maqasid AnalysisHamdan Ladiku0Akhmad Roja Badrus Zaman1Institut Agama Islam Negeri Sultan Amai GorontaloAlbert Ludwigs Universitat FreiburgThis 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.https://jurnal.unissula.ac.id/index.php/ua/article/view/35740violencehouseholdislamic law |
| spellingShingle | Hamdan Ladiku Akhmad Roja Badrus Zaman Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam violence household islamic law |
| title | Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis |
| title_full | Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis |
| title_fullStr | Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis |
| title_full_unstemmed | Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis |
| title_short | Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis |
| title_sort | examining domestic violence from the lens of islamic law a maqasid analysis |
| topic | violence household islamic law |
| url | https://jurnal.unissula.ac.id/index.php/ua/article/view/35740 |
| work_keys_str_mv | AT hamdanladiku examiningdomesticviolencefromthelensofislamiclawamaqasidanalysis AT akhmadrojabadruszaman examiningdomesticviolencefromthelensofislamiclawamaqasidanalysis |