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Contextualisation of Zhihar with Shari’ah Maqasid Approach

Muh. Fathoni Hasyim, Masruhan, Nur Lailatul Musyafa’ah and Abd Basit
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Muh. Fathoni Hasyim: Sunan Ampel State Islamic University
Masruhan: Sunan Ampel State Islamic University
Nur Lailatul Musyafa’ah: Sunan Ampel State Islamic University
Abd Basit: Sunan Ampel State Islamic University

Technium Social Sciences Journal, 2024, vol. 61, issue 1, 126-140

Abstract: Zhihar, a form of divorce from pre-Islamic Arab society, was abolished during the Islamic period through the Qur'an and the sunnah of the prophet. This article undertakes a re-examination of zhihar in a modern context, with a particular focus on the maqasid Shari'ah approach. This approach, which underscores the fundamental objectives of Islamic law, including the safeguarding of religion, soul, intellect, heredity, property, and self-esteem, plays a crucial role in reinterpreting the concept of zhihar to serve the benefit of the ummah in the contemporary era. By conducting a textual and contextual study of the Qur'an, the sunnah of the Prophet, and the opinions of scholars, this article concludes that zhihar in the modern context should be viewed as a means of protecting family honor and preserving the harmony of the marital relationship. The study utilizes a descriptive-analytical method, guided by the maqasid Shari'ah approach, to assess the relevance and application of zhihar in the context of Muslim life today, thereby providing a comprehensive understanding of the topic

Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:tec:journl:ojs:11667

DOI: 10.47577/tssj.v61i1.11667

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