PENGARUH NIKAH MISYĀR TERHADAP HAK ANAK DALAM ISLAM: SUATU KAJIAN DARI PERSPEKTIF ḤIFẒ AL-NASL
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Institusion
Universitas Muhammadiyah Malang
Author
Rofif, Muhammad Naufal
Subject
BL Religion
Datestamp
2023-11-17 07:45:40
Abstract :
The misy?r marriage is still controversial among scholars. This is because, the form of marriage is considered not in line with the principles of Sharia. There is an agreement between husband and wife that a wife is allowed to abort the rights that should be the husband's obligation to fulfill them. However, in terms of religion, the marriage is considered valid because of the fulfillment of the conditions and pillars of marriage. However, misy?r marriage is a concern that the rights of a child cannot be given to the maximum. This study aims to examine and analyze the influence of misy?r marriage on children's rights in Islam from the perspective of ?if? al-Nasl. This research uses a type of qualitative research with a normative approach based on the principles of Islamic law, namely ?if? al-Nasl. There are two sources of data, namely primary and secondary obtained using the library research method (literature study). To conduct data analysis using qualitative analysis methods with descriptive-analytical research properties. The result of this study is that Misy?r's marriage cannot be separated from the impacts caused, both positive and negative impacts. Among the positive impacts obtained is the fulfillment of the need for a father figure for children. The negative impact caused is the disruption of harmony in the household, the potential for neglect of children, and the absence of legal protection for children. In the perspective of ?if? al-Nasl Imam al-Syatibi to get benefits there are three aspects that must be achieved, apparently from these three aspects bring more glory than benefit, so in this context it is better to avoid for the sake of the continuity of offspring.
The misy?r marriage is still controversial among scholars. This is because, the form of marriage is considered not in line with the principles of Sharia. There is an agreement between husband and wife that a wife is allowed to abort the rights that should be the husband's obligation to fulfill them. However, in terms of religion, the marriage is considered valid because of the fulfillment of the conditions and pillars of marriage. However, misy?r marriage is a concern that the rights of a child cannot be given to the maximum. This study aims to examine and analyze the influence of misy?r marriage on children's rights in Islam from the perspective of ?if? al-Nasl. This research uses a type of qualitative research with a normative approach based on the principles of Islamic law, namely ?if? al-Nasl. There are two sources of data, namely primary and secondary obtained using the library research method (literature study). To conduct data analysis using qualitative analysis methods with descriptive-analytical research properties. The result of this study is that Misy?r's marriage cannot be separated from the impacts caused, both positive and negative impacts. Among the positive impacts obtained is the fulfillment of the need for a father figure for children. The negative impact caused is the disruption of harmony in the household, the potential for neglect of children, and the absence of legal protection for children. In the perspective of ?if? al-Nasl Imam al-Syatibi to get benefits there are three aspects that must be achieved, apparently from these three aspects bring more glory than benefit, so in this context it is better to avoid for the sake of the continuity of offspring.
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