Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah

Rabbani Lubis, Ali Akhbar Abaib Mas and Muzakki, Muhammad Harir and Rizal, Fitra and Makmun, A. Rodli (2021) Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah. In: ICIS 2020, 27-28 October 2020, Ponorogo, Indonesia.

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Abstract

Temporary marriage or nikah mut’ah is a classic discourse which is still being debated. Apart from the differences of opinion between the sunni and syiah groups, the writer has viewed it is urgent to temporary marriage as an alternative solution to avoid adultery. This paper will discuss the practice of temporary marriage from the perspective of human rights shari'ah with the aim of seeing the reality of the prevailing laws and regulations in Indonesia and the perspective of maqashid shari'ah to analyze the concept of temporary marriage. This paper is a qualitative research with a library research study approach with an explanative research nature and an evaluative research form. This study aims to identify the problem of temporary marriage, then offers a solution through the application of basic research using the post positivism paradigm. The findings of this study explain that the relationship between the concept of temporary marriage with legislation in Indonesia and maqashid shari'ah is not contradictory, even the practice of temporary marriage is in line with the spirit of Human Rights and does not violate from maqashid shari'ah.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: mut’ah marriage; human rights; maqashid shari’ah
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 11 Mar 2021 14:15
Last Modified: 11 Mar 2021 14:15
URI: https://eprints.eudl.eu/id/eprint/1525

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