Pemikiran hukum ulama Banjar terhadap perkawinan Islam di Kalimantan Selatan

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Helim, Abdul (2017) Pemikiran hukum ulama Banjar terhadap perkawinan Islam di Kalimantan Selatan. PhD thesis, UIN Sunan Ampel.

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Abstract

This research focuses on the following questions: (1) How do the Banjarese ulama view the practices of unrecorded marriage contract, polygamy, unrecorded divorces, and woman’s marriage before she finishes her waiting period after her divorce?. (2) What method of law has been used by these Banjarese ulama in giving legal verdict to these practices?. (3) Why are used those methods by Banjarese ulama in responding the issues ?.This research is a qualitative field research with usul al-fiqh and sociology of knowledge approach. The data sources of this research is nine Banjarese ulama with some certain criteria. The data is collected through interview and documentation which is validated and analyzed through the level of reduction, display, conclusion and verification. The result of research reveals that there are different legal thought of Banjarese ulama in responding some problems in Islamic marriage. Some of them see the importance of changing the law in some problems but some of them do not agree with the changing. This difference appears because they have different methods in responding the problems, some of them rely their method on the earliest Islamic scholars but some others feel that the method is insufficient so that they re-examine the problems through their own perspective based on usul al-fiqh methods or other similar methods. The difference is also influenced by some reasons whether the reason of methodology and their own Banjarese ulama internal and external condition. The differences show the dynamic legal thought in Banjarese ulama where some of them tend to traditionalism and some other to modernism which is based on benefit, or even they appear as cosmopolitan Muslims.

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Item Type: Thesis (PhD)
Creators:
CreatorsEmailNIM
Helim, Abdulabdulhelim@yahoo.comUNSPECIFIED
Subjects: Hukum Islam > Perkawinan
Uncontrolled Keywords: Banjarese ulama; religious scholars; usul al Fiqh; Islamic marriage
Divisions: Program Doktor > Dirasah Islamiyah
Depositing User: Helim Abdul
Date Deposited: 22 Aug 2017 02:38
Last Modified: 22 Aug 2017 07:18
URI: http://digilib.uinsby.ac.id/id/eprint/19720

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