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This article describes polygany in the perspective of Limit Theory of Muhammad Shahrur. Polygamy ... more This article describes polygany in the perspective of Limit Theory of Muhammad Shahrur. Polygamy is an issue of islamic law which create controversy among Muslim community. In al-Qur'an, the only verse dealing with polygamy is al-Nisa: 3. Using the limit theory (naz} ariyyah al-h} udu> d) of Muhaamad Shahrur the verse produces two kinds of limit; the limit of quantity (hadd fi al-kamm) and the limit of quality(h} add fi al-kaif). From the analysis on the foundation of Shahrur's thought on polygamy, it is apparent that he emphasizes on the protection of orphans because they must be protected and fed. This condition, according to Shahrur, indicates validity of polygamy on the importance of taking cares of orphans towards those who no longer have fathers. Kata kunci : poligami, teori batas. A. Pendahuluan Masalah poligami merupakan persoalan yang selalu menimbulkan pro-kontra dalam masyarakat. Sebagian dari mereka berpendapat bahwa poligami adalah bentuk lembaga perkawinan y...
Abstract: The positive law in Indonesia in Law no. 1/1974 on Marriage as well as the Compilation ... more Abstract: The positive law in Indonesia in Law no. 1/1974 on Marriage as well as the Compilation of Islamic Law 1991 does not specify whether a girl resulted from illegitimate relationship (outside of wedlock) is allowed to her biological father. The ruling of Constitution Court No. 46/PUU-VIII/2010 has added to the obscurity on the issue. The final ruling clearly abrogates the statement of article 43 of Law of Marriage stating that illegitimate children have civil relationship only with their mother and her family as well as with the man who become biological father as long as it can be scientifically proved which legally valid to have genetic relationship, including with the man’s family. The ruling does not necessarily means legalizing parental relationship between children and the man. It only highlights civil relationship, so that it does not have legal impact to allow the two parties to marry each other as it is the opinion of Shafi’i and Maliki schools of law. Keywords: Marr...
This article describes polygany in the perspective of Limit Theory of Muhammad Shahrur. Polygamy ... more This article describes polygany in the perspective of Limit Theory of Muhammad Shahrur. Polygamy is an issue of islamic law which create controversy among Muslim community. In al-Qur'an, the only verse dealing with polygamy is al-Nisa: 3. Using the limit theory (naz} ariyyah al-h} udu> d) of Muhaamad Shahrur the verse produces two kinds of limit; the limit of quantity (hadd fi al-kamm) and the limit of quality(h} add fi al-kaif). From the analysis on the foundation of Shahrur's thought on polygamy, it is apparent that he emphasizes on the protection of orphans because they must be protected and fed. This condition, according to Shahrur, indicates validity of polygamy on the importance of taking cares of orphans towards those who no longer have fathers. Kata kunci : poligami, teori batas. A. Pendahuluan Masalah poligami merupakan persoalan yang selalu menimbulkan pro-kontra dalam masyarakat. Sebagian dari mereka berpendapat bahwa poligami adalah bentuk lembaga perkawinan y...
Abstract: The positive law in Indonesia in Law no. 1/1974 on Marriage as well as the Compilation ... more Abstract: The positive law in Indonesia in Law no. 1/1974 on Marriage as well as the Compilation of Islamic Law 1991 does not specify whether a girl resulted from illegitimate relationship (outside of wedlock) is allowed to her biological father. The ruling of Constitution Court No. 46/PUU-VIII/2010 has added to the obscurity on the issue. The final ruling clearly abrogates the statement of article 43 of Law of Marriage stating that illegitimate children have civil relationship only with their mother and her family as well as with the man who become biological father as long as it can be scientifically proved which legally valid to have genetic relationship, including with the man’s family. The ruling does not necessarily means legalizing parental relationship between children and the man. It only highlights civil relationship, so that it does not have legal impact to allow the two parties to marry each other as it is the opinion of Shafi’i and Maliki schools of law. Keywords: Marr...