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Nikah Kontrak Modus Human Trafficking (Kritik Atas Fiqh Munakahah Mazhab Syi’ah)

Al Hikmah: Jurnal Studi Keislaman

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Title Nikah Kontrak Modus Human Trafficking (Kritik Atas Fiqh Munakahah Mazhab Syi’ah)
 
Creator Daud, Fathonah K.
 
Description Abstract, contract marriage or in fiqh called nikah mutcah is a common thing for Shiahfollowers in Iran. In Indonesia alone, contract marriages also occur in variousregions. The implementation of contract marriages always invited controversy, notonly from the legal side which according to Sunni clerics had been removed, butcontract marriages also invited problems and brought madlarat to the rights of womenand children born after the marriage. For example, in this modern era, the realizationof contract marriages has led to human trafficking. One of the most prominent is in thevillage of Arab Puncak, Bogor, West Java, and the modus of sending female workersabroad which is then traded. This has become a polemic and become a criticism of thefiqh of the Shiah, who still legalize mut'ah marriage. In the practice of marriage whichis limited by a certain time it is actually false (bathil) because it is contrary to Islamicsharia. The principle of marriage is for the sacred purpose of building a family that issakinah, mawaddah wa rahmah and that only happens for permanent marriage (nikahdaim).
Keyword: Contract marriage, human trafficking, Shiah jurisprudence
 
Publisher LPPM Institut Agama Islam Al-Hikmah Tuban
 
Date 2019-04-29
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://ejournal.kopertais4.or.id/pantura/index.php/alhikmah/article/view/3388
10.36835/hjsk.v8i2.3388
 
Source Al Hikmah: Jurnal Studi Keislaman; Vol. 8 No. 2 (2018): AL HIKMAH; 252-270
2502-6100
2088-2556
 
Language eng
 
Relation http://ejournal.kopertais4.or.id/pantura/index.php/alhikmah/article/view/3388/2411
10.36835/hjsk.v8i2.3388.g2411
 
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