Authors:
Khoiruddin Nasution
1
;
Noryamin Aini
1
and
Muhammad Helmy Hakim
2
Affiliations:
1
Sunan Kalijaga State Islamic University, Indonesia
;
2
Syarif Hidayatullah State Islamic University, Indonesia
Keyword(s):
Marriage Act, Jurisprudence, fatwa, obeying the law, obeying the Qur'an, obeying the sunnah of the prophet
Abstract:
Obeying the Marriage Act for ‘Abduh is the same as the command and obligation of the same status by obeying the Qur’an and sunna of the Prophet Muhammad PBUH. Because obeying the Marriage Act set by the parliament is a form of obeying the government (ûli al-amr). Obedient obligations to the government in the form of the the Marriage Act is the realization of the command to obey Allah, obey the apostle and obey the government (ûli al-amr), as stated in al-Nisa’ (4): 59 and 83. the Marriage Act as a manifestation of Parliament’s decision is the realization of the agreement of all people in one country. The people as a whole are represented by members of parliament, because to gather all the people, the present, is something that is not possible. As a solution, the representation system is one of the ways that can be taken. So the decisions of these representatives are positioned as agreements and decisions of all people. Consequently, this agreement must be obeyed. The people’s represe
ntative agreement is also for the present time become ijmâ‘, the third source of Islamic law after the al-Qur’an and the sunnah of the prophet Muhammad PBUH. This paper tries to explain how the basis used by ‘Abduh to declare the obligation to obey the Marriage Law, is the same as obeying the Qur’an and sunnah of the prophet Muhammad PBUH.
(More)