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

Lubis, Ali Akbar Abaib Mas Rabbani and Muzakki, M. Harir and Rizal, Fitra and Makmun, Ahmad Rodli (2021) Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah. Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah.

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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.

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