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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

Using qualitative methods with normative, theoretical, case study and conceptual approaches which are then elaborated with the theory of maqâṣid syarî'ah al-Raisuni. As a theory that he offers to solve a problem that can be balanced with maqâṣid sharî'ah is the concept of approximation and domination (Nazariyyat al-Taqrîb wa al-Taghlîb). The argumentation used by MUI includes the Qur'an, hadith, ijma', companions' atsar, usuliyah and fiqhiyah rules as well as the opinions of fiqh experts. In this argumentation only a few verses and hadiths that are in accordance with the theme of the discussion, MUI has not mentioned the proposition of hadd punishment and the proposition of compulsory bequest is not explained in detail.
The six legal provisions in the MUI fatwa decision No. 11 of 2012 have a correlation with the concept of maqâshid syarî`ah al-Raisuni, namely the provisions of the nasab of adulterated children, nafkah, guardianship and inheritance which are only connected to the mother and her mother's family, as well as the sentence of ta'zîr punishment for men who commit adultery with the obligation to meet the needs of the child's life and provide his inheritance through a mandatory will

017/HK/2025

017/HK/2025

Perpustakaan FSH Lantai 4

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