Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah https://e-journal.stishid.ac.id/index.php/uls Jurnal Ulumul Syari Jurnal Ilmu Hukum & Syariah LPPM STIS Hidayatullah LPPM STIS Hidayatullah en-US Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah 2086-0498 Women’s Domestic Role Based on Islamic Teachings (Classical Fiqih) and Local Culture https://e-journal.stishid.ac.id/index.php/uls/article/view/213 <p>Islam and Feminism, both are perceived as incompatible. However, this view is sadly only generated by the Western when they see Islam in the Middle Eastern. It even misleads when the Western has been only looking for particular countries which practice conservative and textual Islam. In reality, Islam put women in a respectful position, and though Islam has different points of view from some points in feminism, it does not mean they are against each other. Here in this paper, I tried to analyze a comparative study between how our Indonesian culture and how Islamic teachings perceive the role of women in their domestic reality.&nbsp; Here we make structure our paper starting with an introduction, later we talk about classical Fiqih. The reason why we choose classical Fiqih is that we want to understand the root of Islamic teachings on the blatant reality so we can understand how Islam sees a woman in reality. Later, we will discuss a comparison between our culture in general and Islamic Teaching so we will have insight into which one is part of our culture and which one is purely Islamic teachings. From our findings, we found that our culture and Islamic teaching have relatively similar points of view on women’s role in domestic reality. However, the conservative approach is coming from misunderstanding and, people's attitudes to mixing Islamic teachings with their Khawarij culture which is not a real Islam yet because people from outside of the Islamic world do not understand, they tend to think it is a real Islam which is giving Islam a bad reputation.</p> Saiddaeni Saiddaeni Copyright (c) 2023 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah 2023-07-02 2023-07-02 12 1 1 13 10.52051/ulumulsyari.v12i1.213 Relevansi Pemikiran Hukum Imam Malik Dengan Konteks Indonesia Tentang Pernikahan Beda Agama https://e-journal.stishid.ac.id/index.php/uls/article/view/195 <p>This article aims to explain the legal product of Imam Malik in a sociological perspective and its correlation with the Indonesian context. Imam Malik studied in the city of Medina. The legal issues in Medina were not as complex as those in Iraq. In determining the law, he first based his ijtihad on the zahir texts and used more hadiths. Imam Malik used this method because he was influenced by the social and political conditions of the city of Medina. The Ijtihad method used by Imam Malik is the Koran, As-Sunnah, al-Ijma', al-Qiyas, amalu ahl al- Madinah, qaul as-Shahabah, istihsan, al-Maslahah al-Mursalah, Muratul Ikhtilaf, syadd az- Zariah, syar'u man qablanah. As for the legal product of Imam Malik related to the issue of interfaith marriage, Muslim men marrying women of the Ahlul Kitab who adhere to Judaism and Christianity is makruh, because they eat things that are forbidden, such as pork and drinking intoxicants, and children who are born sometimes follow their mother's religion. As for its relevance to the legal context in Indonesia, interfaith marriages are more prohibited, except for Muslim men and women of the Ahlul Kitab by Imam Malik, who are considered makruh. This decision is relevant to KHI provisions, MUI decisions, and Muhammadiyah Tarjih Council decisions.</p> Kusnadi Kusnadi Copyright (c) 2023 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah 2023-08-03 2023-08-03 12 1 14 26 10.52051/ulumulsyari.v12i1.195