DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH
One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ‘, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ‘Abduh.
‘Abd al-Wahhâb Khallâf, ‘Ilm Us}ûl al-Fiqh. Lebanon: Darul Kutub al-‘Ilmîyah, 1971.
Ahmad Hasan, The Doctrine of ijma‘ in Islam. Pakistan: Islamic Research Institute, 1976.
Al-Nawawi, Adab al-Fatâwâ wa al-Muftî wa al-Mustafrî, edisi ke-2. Beirût: Dar al-Bashâ’ir wa al-Islâmîyah, 1411/1990.
George Ritzerr, Teori Sosiologi: dari Sosiologi Klasik sampai Perkembangan Terakhir Postmodern, edisi ke-18, terj. Saut Pasaribu dkk.. Yogyakarta: Pustaka Pelajar, 2014.
Jamal Muhammed Ahmed, The Intellectual Origins of Egyptian Nationalism. London: Oxford University Press, 1960.
Khoiruddin Nasution, Pengantar Studi Islam, terbit ke-1 Juli 2016. Jakarta: Pt. RajaGrafindo Persada, 2016.
Muhammad Nazeer Ka Ka Khel, “The Conceptual and Institutional Development of Shura in Early Islam,” Islamic Studies 19 (1980), pp. 271-282.
Muhammad Rasyid Rid}a, Tafsîr al-Manâr. Kairo: Dar al-Manar, 1373.
Muhammad Y. Faruqi, “The Development of Ijma‘: The Practices of the Khulafa’ al-Rashidun and the Views of the Classical Fuqaha’, The American Journal of Islamic Sciences 9:2 (Summer 1992), pp. 173-187.
Undang-Undang No. 12 tahun 2011 tentang Pembentuak Peraturan Perundang-undangan.
Undang-Undang No. 10 tahun 2004 tentang Pembentukan Peraturan Perundang-undangan.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work’s authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).