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Kontroversi Perbudakan dalam Perspektif Kaidah al-Aṣl fī al- Abḍā’ al-Tahrīm
Author(s) -
Asri Asri,
Fauziah Ramdani,
Aswar Aswar,
Andi Ruqayyah Rahman
Publication year - 2021
Publication title -
bustanul fuqaha
Language(s) - English
Resource type - Journals
ISSN - 2723-6021
DOI - 10.36701/bustanul.v2i3.409
Subject(s) - adultery , islam , sharia , normative , law , meaning (existential) , sociology , political science , theology , philosophy , epistemology
This study aims to determine the explanation of slavery in the view of Islam and resolve the slavery controversy raised by liberals and non-Muslims who are trying to attack Islam with accusations of human rights violations and to find out in more detail the legal discussion of sexual relations outside of marriage (non-marital) in the perspective of the rules of al-Aṣl fī al-abḍā' al-tahrīm. This research is a descriptive-qualitative research with a normative juridical approach to analyze the data and obtain conclusions about the slavery controversy in the perspective of the al-aṣl fī al-abḍā' al-tahrīm rule. The results of the study reveal that in Islam the law of non-marital sexual intercourse or adultery has been regulated by Allah swt in the Qur'an and hadith absolutely, namely the law of lashing a hundred times or being exiled for a year for the adulterer ghairu muḥṣan (unmarried) and the law of stoning (married) for muan adulterers. So non-marital sexual relations are absolutely not allowed in the teachings of Islamic law, as the meaning of the rule of al-aṣl fī al-abḍā' al-tahrīm, namely the original law in jima 'or sexual relations between men and women are haram.

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