Islamic Syariat For The Man Global Teaching For

All
Dosen Pembimbing : Prof.Dr.Muhammad AR,M.Ed

Arranged by :

Nisa Syifaurrahmah 210203025

Universitas Islam Negeri Ar-Raniry

Fakultas Tarbiyah Dan KeGuruan
Pendidikan Bahasa Inggris
T.A 2021/2022
 FOREWORD
I would like to thank God Almighty for giving me the opportunity to complete this
paper. It is by His grace and guidance that I was able to complete a paper entitled "Islamic
Sharia for Men, Global Teachings for All". This paper is one of the assignments in the field
of English for Islamic Studies, which aims to obtain a description of the Analysis of the
Definition of Islamic Shari'a, the Objectives of Islamic Shari'a, the difference between men
and women in an Islamic perspective, the position of men and women as personal entities in
Islam, the position of men and women in the family according to Islam, as well as deepen
understanding of the formulation of the problem above.

I realize that this paper still requires improvement. I accept all forms of criticism and
suggestions from readers for the sake of improving this paper. If there are errors in this paper,
I apologize, I hope to get a good grade and hopefully this paper can be useful for all of us.

Finally, I would like to express my gratitude to all parties involved in the preparation
of this paper or assignment. May Allah SWT always bless all our efforts in this world.
Aamiin ya rabbal alamin.

BandaAceh,12 July 2022

Nisa Syifaurrahmah

i
 TABLE OF CONTENTS

FOREWORD ......................................................................................................................... i
TABLE OF CONTENTS ...................................................................................................... ii
CHAPTER I INTRODUCTION ............................................................................................ 1
1.1 Background............................................................................................................. 1
1.2 Formulation of the problem ..................................................................................... 2
1.3 Destination .............................................................................................................. 2
CHAPTER II DISCUSSION ................................................................................................. 3
2.1 Definition of Islamic Sharia .................................................................................... 3
2.2 The Purpose of Islamic Shari'ah .............................................................................. 3
2.3 Similarities and Differences between Men and Women in the Islamic Perspective .. 8
2.4 The Position of Men and Women in Personal Entities in Islam .............................. 10
2.5 Position of Men and Women in the Family according to Islam .............................. 11
CHAPTER III CLOSING.................................................................................................... 14
3.1 Conclusion ............................................................................................................ 14
References .......................................................................................................................... 15

ii
 CHAPTER I INTRODUCTION

1.1 Background
Islamic law is a rule of life that comes from Allah swt, it is a way of life for all
mankind. As a way of life it has a main goal that can be accepted by all mankind. The
purpose of the revelation of Islamic law is for the good of all mankind. In the scope of
ushul fiqh this goal is called maqashid assyari'ah, namely the intent and purpose of the
revelation of Islamic law. In language maqashid shari'ah consists of two words, namely
maqashid and shari'ah. Maqashid means intentional or purpose, maqashid is the plural
form of maqsud which comes from the syllable Qashada which means will or intend.
Maqashid means things that are desired and intended

Meanwhile, Shari'ah literally means ‫ اى َ٘ا ضع اى ً اى َاء‬which means the road to

the water source, the road to the water source can also be interpreted as walking towards
the source of life. In the Qur'an, Allah swt mentions several words "shari'ah" including:

Then We made you on a shari'a (rules) of (religion) affairs, so follow that shari'a
and do not follow the lusts of those who do not know. (Surat Al-Jatsiyah: 18).

He has prescribed for you about the religion which He has revealed to Noah and
what We have revealed to you and what We have passed down to Abraham, Moses and
Jesus, namely: Establish the religion and do not be divided about it. (QS. Asy-Syuura:
13).

From the two verses above, it can be concluded that "shari'a" is the same as
"religion", but in current developments there is a reduction in the meaning of Shari'a.
Aqidah, for example, does not fall within the definition of Shari'a, Sheikh Muhammad
Syaltout for example, as quoted by Asafri Jaya Bakri in his book The Maqashid Shari'ah
Concept according to al-Syatibi says that Shari'ah are: Rules created by Allah swt to be
guided by humans in regulating relations with God, with humans, both Muslim and non-
Muslim, nature and all life. Maqashid Sharia in terms of the objectives of Islamic law
contained in each of its rules. Imam Ash-Syathibi revealed about shari'ah and its function
for humans as expressed in the book al-Muwwafaqat:

1
 ٓ‫ اى شسٌ عح ٕر‬.... ‫ٍعا ى دّ ٍاٗا اى دٌ ِ ف ً ٍ صاى حٌٖ ق ٍاً ف ً اى شازع ٍ قا صد ى رح ق ٍق ٗ ض عد‬

Verily, the Shari'a has been established for the purpose of establishing (realizing)
the benefit of mankind in this world and the Hereafter."

1.2 Formulation of the problem

Based on the description of the background according to the context of "Islamic
Syariah For The Man Global Teaching For All" several relevant problems can be
formulated, namely:

1) What is the definition of Islamic Sharia?

2) What are the Objectives of Islamic Shari'a?
3) What are the similarities and differences between men and women in the
Islamic perspective?
4) What is the position of men and women as personal entities in Islam?
5) What is the position of men and women in the family according to Islam?

1.3 Destination
Based on the formulation of several problems as mentioned above, I can formulate
the objectives of this paper entitled, " Islamic Syariah For The Man Global Teaching For
All ", including:

1) To know, understand, analyze and answer the meaning and understanding of

Islamic Shari'a

2) To know, understand, analyze the objectives of the Shari'a

3) To find out, understand, analyze the similarities and differences between men
and women in an Islamic perspective

4) To know, understand, analyze men and women as personal entities in Islam

5) To find out, understand, analyze men and women in the family according to
Islam

Then this paper has theoretical uses, namely Theoretically, this research is useful
for academics in terms of the development of religious knowledge, especially those
related to Islamic Sharia for Men, Global Teachings for All.

2
 CHAPTER II DISCUSSION
2.1 Definition of Islamic Sharia

Shari'a is everything that was revealed by Allah SWT to the Prophet Muhammad SAW
in the form of revelation in the Qur'an and Sunnah. Originally this word meant "the road to
the source of water", i.e. the road to the source of life. The verb is syara'a which means "to
mark or draw a clear path to the source of water". 1 Initially, the word shari'a meant religion,
and in the end, shari'a was designated specifically for religious practice. This designation is
intended to distinguish between religion and sharia. In the end, religion is one and applies
universally, while the Shari'a differs from one community to another. In further
developments, the word shari'a is used to indicate Islamic laws, both those that are directly
stipulated by the Qur'an and Sunnah, as well as those that have been interfered with by
human thought (ijtihad).2 The word Shari'a is often expressed with Islamic Shari'a, namely
the closing Shari'a for the Shari'a of previous religions, therefore Islamic Shari'a is the most
complete Shari'a in regulating religious and social life, through Islamic teachings on faith,
worship, muamalah and morals.3

This understanding of Islamic law can be divided into two meanings: first in a broad
sense, second in a narrow sense, in a broad sense Islamic law covers all areas of law that have
been arranged regularly by fiqh experts in their fiqh opinions on issues of their time, or what
they predict will happen later, by taking the arguments directly from the Qur'an and al-
H}adi>th, or sources of law taking such as: ijma', qiyas, istihsan, istish-hab, and mashlahlh
mursalah4.Meanwhile, Islamic law in a narrow sense are laws with definite and firm
postulates, which are stated in the Qur'an, authentic hadith, or determined by ijma'. 5

2.2 The Purpose of Islamic Shari'ah

The revelation of Islamic Shari'a to humans certainly has a very noble "purpose". At the
very least, there are “eight” goals. 6

1
Nina M. Armando, Ensiklopedi Islam, Vol. 6 (Jakarta: Ichtiar Baru van Hoeve, 2005), 301
2
MKD IAIN Sunan Ampel, Studi Hukum Islam (Surabaya: IAIN SA Press, 2012), 37.
3
MKD IAIN Sunan Ampel, Studi Hukum Islam, 38
4
Ahmad Zaki Yamani, Syariat Islam Yang Kekal dan Persoalan Masa Kini (Jakarta: Intermasa, 1977), 14.
5
Ibid.
6
Republika.co.id.2009.Tujuan Syariat Islam.URL : https://www.republika.co.id/berita/47171/tujuan-syariat-
islam .DiAkses Tanggal 13 Juli 2022 Pukul 13.00 WIB.

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 First, maintaining or protecting religion and at the same time giving everyone the right
to choose between believing or not, because, "There is no compulsion in embracing the
religion of Islam" (Surah Al Baqaarah, 2:256). Humans are given absolute freedom to
choose, "...So whoever wants to believe, and whoever wants (disbeliever) let him disbelieve"
(Surah Al Kahf, 18:29).

Basically, Islam really respects and respects the rights of every human being, even to us
as believers, it does not prohibit disbelievers from converting to Islam. Preaching to convey
His truth is an obligation. However, if forced, it will seem as if we need their Islam, even
though how can we need other people's Islam, while Allah SWT doesn't need someone's
Islam. But if someone with his own conscience finally converts to Islam, then Ulul Amri
must be forced to carry out Islamic Shari'a. By choosing a Muslim, there is no reason for
someone not to carry out his obligations. If there is a Muslim who does not pray, this is "not
only" a personal matter but becomes the business of all Muslims, especially Ulul Amri.

If there is a Muslim who does not perform the obligation of prayer because he is not sure
about the obligation of prayer, then the Four Schools and the majority of scholars agree to
declare the person concerned as an infidel. Which is why he must be punished as an infidel,
meaning that if within three days he does not come to his senses, then he is punished as an
apostate whose blood is lawful so that Ulul Amri can impose the death penalty. However, if
the prayer in question is not due to uncertainty, but due to lazy reasons, for example, then in
this case the "three" schools of thought (Shafi'i, Hanafi, Maliki) declare that the person
concerned has a grave sin, while the Hambali School still believes in it. Amri applies the law
for Muslims who do not pray because they are lazy? First, Ulul Amri is of course obliged to
remind him. If the person concerned still does not want to pray even though Ulul Amri has
warned him, according to Mahzab Syafei and Maliki, he must be put to death. Imam Hanafi,
agrees with the Shafei and Maliki schools, that the person concerned cannot be punished as
an infidel, because the reason is laziness and not denying Allah's law.

However, Imam Hanafi does not agree with the death penalty, because as long as he is
not an infidel, his blood is forbidden. In his view, Ulul Amri must give punishment to the
person concerned by being imprisoned until the person concerned is conscious and willing to
pray. Meanwhile, the Hambali School of thought and belief, that a person who claims to be a
Muslim then does not pray for any reason, whether because he is not sure or lazy, then the
person concerned must be punished as an infidel. He adhered to the hadith of the Prophet

4
Muhammad which stated, "The difference between a Muslim and a disbeliever is to leave
prayer."

The second, "protecting the soul". Islamic law really protects the safety of a person's
soul by imposing very heavy legal sanctions, for example the "qishash" law. In Islam, it is
known that there are "three" kinds of murder, namely "deliberate" killing, "unintentional"
murder, and "intentional" murder. This is of course seen from the side of the case, each
lawsuit is different. If it is proven that a murder is classified as "intentional", then the family
of the murdered party has the right to sue the judge for a qishash/death law or pay a "Diyat"
(fine). And, the judge had no other choice but to determine what the slain's family demanded.
This is different from the case of "unintentional" or "intentional" murder, where the judge
must prioritize the legal claim to pay the "Diyat" (fine) before qishash.

That in the law of qishas there is a guarantee of protection of the soul, we can see from
the word of Allah SWT: "And in qishash there is (guaranteed continuity) life for you, O
people of understanding, so that you may be pious" (Surah Al Baqarah, 2 :179). How is it
possible that behind the qishash law it can be said, "there is a guarantee of survival", whereas
in the implementation of the qishash law for those who kill the punishment is killed again? It
is true, if the law of qishas is implemented then there are "two" people who die (the one killed
and the one who kills), but the impact if this law is implemented, then many lives are saved.
Because a person will think a thousand times if he wants to kill another person, because of
the risk that he will be threatened with being killed again. If a thief is proven right that he
stole, then the punishment he imposes is cutting off his hand, then for the rest of his life
people will know that he was a former thief. Likewise, if a robber is sentenced to cross his
right hand and left leg, he will not be able to clear himself for the rest of his life that he is a
former robber. The impact of this punishment will be able to bring peace and comfort to life
in society and the state.

The third, "protection of offspring". Islam is very protective of offspring, including by

establishing the law of "Flashing" a hundred times for adulterers ghoiru muhshon (virgin or
girl) and stoning (throwing stones) for adulterers muhshon (husband / wife, widower /
widow) (Al Hadith). Allah SWT says: "The woman who commits adultery and the man who
commits adultery, then lash each one of them a hundred lashes, and do not be merciful to
them and prevent you from practicing Allah's religion, if you believe in Allah and the
Hereafter and let (the execution of) their punishment is witnessed by a group of believers”

5
(An Nuur, 24:2). The stipulation of severe punishment for adulterers is nothing but to protect
offspring. Imagine if in one year all humans were freed to commit adultery with anyone,
including parents, siblings and so on, how chaotic life would be.

The fourth, "protects the mind". The problem of protecting reason is of great concern to
Islam. Even in a hadith Rasulullah SAW stated, "Religion is reason, whoever does not make
sense (uses reason), then there is no religion for him". Therefore, one must be able to
properly use one's mind. A person who cannot or has not been able to use his mind or even
does not make sense, then the person concerned is free from all kinds of obligations in Islam.
For example in a state of forgetfulness, sleeping or in a forced condition. In conclusion, that
God's law only applies to people who have reason or who can use their minds.

How extraordinary is the function of reason for humans, therefore the presence of the
message of Islam is to maintain and maintain so that the mind continues to function, so that
humans can carry out Allah's Shari'a properly and correctly in this life. Likewise, so that
humans can maintain their human existence, because it is reason that distinguishes humans
from other God's creatures.

To maintain and keep the mind functioning, Islam forbids all forms of consumption,
whether food, drink or anything that is smoked, for example, which can damage or interfere
with the function of the mind. What is forbidden by Islam is khamr. What is called khamr is
not just a drink of stale wine like in ancient times, but what is meant by khamr is, "everything
that brings intoxicating effects" (Al Hadith).

The prohibition of Khamar is very clear, in the QS. Al Maidah verse 90 Allah SWT
states, "O you who believe, verily (drinking) alcohol, gambling, sacrificing for idols, drawing
fate with arrows, are heinous acts including the actions of the devil. So stay away from these
actions so that you get good luck” (Surah Al Maa-idah, 5:90) This verse implies that someone
who is drunk, gambles, sacrifices for idols and draws lots of luck is classified as Satan,
because the nature of Satan is being control the person concerned.

If khamr has been declared haram, then its presence, both a little or a lot, is still haram.
One time one of the companions wanted to try mixing alcohol with medicine, but because of
his caution he asked the Prophet about this as in a hadith narrated by Imam Ahmad, the
Prophet SAW said: "Thariq bin Suwaid Ra asked the Prophet about alcohol and he forbade it.
Then Tariq said, "I just made it a mixture for medicine". Then the Prophet said again, "It is

6
not a medicine but a disease". Even more emphatically the Prophet SAW stated, "God does
not make your healing with what is forbidden" (HR Al Baihaqi).

In another hadith narrated by Abu Dawud, the Prophet SAW stated, "Verily Allah sent
down a disease as well as a cure, therefore seek a cure, except for one disease, namely aging".
Meanwhile, in the hadith narrated by Bukhari and Muslim, the Prophet PBUH stated, "Allah
sent down the disease and sent down the cure, known to those who know and will not be
known by those who do not know". Satan, because he can gradually eliminate the function of
reason so that it is impossible for him to carry out his obligations as His servants. On the
other hand, Allah SWT greatly appreciates those who have succeeded in developing the
function of their minds correctly in accordance with His Shari'a. Allah SWT says: "Are those
who know the same as those who do not know?" Verily, it is people who have understanding
who can receive lessons” (Surah Az Zumar, 39:9). Also in His word: "Indeed the only ones
who fear Allah among His servants are the 'ulama" (Surah Faathir, 35:9).

Fifth, "protect property". Namely by making clear rules so that it can be the right of
everyone to protect their property, including by stipulating the law of cutting off hands for
thieves. "The man who steals and the woman who steals, cut off their hands (as) in retribution
for what they did and as a punishment from Allah. And Allah is Mighty, Most Wise” (Surah
Al Maa-idah, 5:38). Also a stern warning as well as a threat from Allah SWT for those who
eat other people's property unjustly, "Indeed those who eat the property of orphans unjustly,
actually they swallow fire with their whole stomachs and they will enter a blazing fire. (Hell
of Hell) (Surah An Nisaa, 4:10).

The Sixth, "protecting one's honor". This includes protecting one's good name and so
on, so that everyone has the right to have their honor protected in the eyes of others from
attempts by other parties to throw slander, for example. Unless they themselves committed a
crime. Because it is extraordinary how Islam prescribes a harsh punishment in the form of
whips or "Flashing" eighty times for a person who is not able to prove the truth of the
accusation of adultery to others. Allah SWT says: "And those who accuse good women of
adultery and they do not bring four witnesses, then lash them (who accuses it) with eighty
lashes, and do not accept their testimony for as long as possible. -ever. And they are the
wicked” (Surah An-Nur, 24:4). Also in His word: "Indeed those who accuse women who are
good, who are careless and believe (of adultery), they are cursed in this world and the
hereafter. And for them a great punishment” (Surah An-Nur, 24:23). And a strict prohibition

7
is also for us to have bad thoughts, find fault and gossip about fellow believers (Surah Al
Hujurat, 49:12).

The Seventh, "protecting one's sense of security". In social life, one must be safe from
hunger and fear. So that a leader in Islam must be able to create a conducive environment so
that the people under his leadership "do not experience hunger and fear". Allah SWT says:
"Who has given them food to quench their hunger and secure them from fear" (Qur'an,
106:4).

Eighth, "protecting the life of society and the state". Islam prescribes harsh penalties for
those who try to carry out a "coup" against the legitimate government elected by Muslims "in
an Islamic way". For those who are classified as Bughot, they are sentenced to death,
crucified or cut crosswise so that state security is guaranteed (Surah Al Maa-idah, 5:33). Also
a strong warning in the hadith narrated by Imam Muslim, the Prophet SAW stated, "When
someone comes who coups the legitimate caliph then cut off his neck".

2.3 Similarities and Differences between Men and Women in the Islamic
Perspective

Islam as a way of life for a Muslim has regulated various aspects of life regarding men
and women. Women have a very high position in Islam compared to the period of ignorance,
where women are considered the most despicable creatures and have no position at all at that
time. As a personal entity, women are highly respected in Islam, because women are the only
creatures that are used as a source of reproduction for the human race.

In the Islamic perspective, men and women have related equality and individual rights
and obligations, namely: 7

1) The laws that call on both to follow the path of faith.

2) Laws related to worship of Allah SWT, such as: prayer, zakat, fasting,
pilgrimage, and others.
3) The task of carrying out da'wah (amar ma'ruf nahi munkar).
4) The laws that explain morality.
5) Laws related to muammalah (sale and purchase, representation, kafalah,
etc.).

7
Ibnu Rabbani, Bukan Wanita Biasa, Qultum Media, hlm 29.

8
 6) Laws relating to judicial sanctions, such as: hudud, jinayat, and ta'zir.
7) Seek knowledge and practice it.

These laws explain that men and women have the same rights and obligations as a
Muslim.

Islam also explains the differences in rights and obligations between men and women
as follows:8

1) The testimony of two women is comparable to the testimony of a man

regarding rights and muammalat in the general community, whereas if a
woman lives only in a women's community, the testimony of one woman
can be accepted.
2) In the case of inheritance, women get half the inheritance from a man. This
is because men have an obligation to provide for their families, while
women have full rights to the inheritance that they get without having to
distribute them again.
3) Islam has regulated the clothing that must be worn by a Muslim woman, as
well as the clothing that must be worn by a Muslim man. Islam forbids
men and women to look alike in terms of dressing and preening.
4) Islam has stipulated that the dowry of marriage is the obligation of men to
women, and vice versa is a right for women.
5) Islam stipulates that the effort to earn a living for the family is an
obligation for a man, on the contrary it is not obligatory for women, but
only permissible.
6) Islam has set the affairs of leadership (qawam) in the household on men.
7) Islam stipulates that a wife has an obligation to breastfeed her child.
8) A mother has an obligation to provide for her child, if a husband is stingy
and no longer returns to the family he left behind.

The difference between men and women as mentioned above is as a means to achieve
a perfection of life. Islam divides tasks for men and women according to their respective
abilities and character. So that it creates a harmonious life that helps each other, so that

8
Abdullah, Hak dan Kewajiban Muslimah, Niaga Swadaya, hlm 120

9
maximum results can be achieved in carrying out the tasks that must be carried out by each
individual.

The similarities and differences that have been explained above are none other than so
that we are aware as Muslims that everyone has the right and obligation to live this life in
accordance with what has been outlined by Allah SWT. So that with the guidelines of life
that have been determined by Islam, we know better what path we must take to reach the
pleasure of Allah SWT. The similarities and differences should not be an excuse for men to
oppress women. Sometimes we realize that the differences between men and women are
God's grace that we should be grateful for.

2.4 The Position of Men and Women in Personal Entities in Islam

The position of men and women as personal entities in the Islamic perspective is the
same.9 There is no difference between the two, as in the word of Allah written in the Qur'an it
is stated that:

ُ ُ ٌ ‫إلذ ِ ّ و إئ ّ ثا ّ عا ُ زم ف ُ إإ ٍ٘ا ُ ّ ِ ٍل أ ُ ز ّ َ نل ُ إه ا إع َْ ْد ٌٍ ُ إإ ٌٍ م ل ّ قا أذ‬

٘ ّ ِ ‫ّ رّ نسز ٍِ إً ٌٍ م ل ّ ْا ّ خ ي ْ قٌ ّ ْا ك ّ ٘ ّ ٘ أّ َ ْ ثى ٍ٘ م ع م ش ٌٍ م ل ّ ْا ٍو ّ ع ّ ج ت ثا ق‬
‫ ( اى حجساخ ز ُ ك ٌ آ ُ ي ُ اه ّ ٖا ّ ْا ُ إإ م س‬: ‫ّ عإل ّ و ا ً ي ّ خإب زً ً ي ز‬

Which means: O people..!! Indeed, We created you from a male and a female and made
you into nations and tribes so that you might know one another. Indeed, the most honorable
of you in the sight of Allah is the one who is most pious among you. Verily Allah is All-
Knowing, All-Knowing. (Al-Hujarat: 13).

Based on this verse, Islam recognizes women and their rights. And Islam does not
justify discrimination against women, because no one prioritizes men over women. In the
sight of Allah all are the same, the only difference between the two in the sight of Allah is
taqwa.10 And no one knows how much taqwa a person is except Allah alone.

Islam also stipulates the same regarding the rights that must be fulfilled for men and
women. Aspects that are highly emphasized by Islam regarding primary rights that must be
fulfilled by every individual are such as: proper education, equal treatment before the law,
and so on. In the hadith it is stated that:

9
Wahbah Az-Zuhaili (Penerjemah). 2011. Fiqih Islam 9. Jakarta: Gema Insani
10
Uwaidah, Kamil Muhammad. 1998. Fiqih Wanita (Edisi Lengkap). Jakarta: Pustaka Al-Kautsar

10
 ‫اى ث ٍٖق زٗآ ٍ س يَح ٗ ٍ س يٌ م و ع يى ف سٌ ضح اى ع يٌ ط ية‬

Which means: "Seeking knowledge is an obligation for every Muslim." (HR Al-Baihaqi).

Thus Islam explains how the position of men and women as personal entities. Islam
guarantees both to meet their respective primary and secondary needs. So that what they need
is fulfilled, and it is hoped that with this guarantee their contribution in advancing Islam can
be relied on.

2.5 Position of Men and Women in the Family according to Islam

Family is an embodiment of love between two men and women who are bound by the
ropes of marriage. The main purpose of marriage is not only to continue the human
generation but also to fulfill emotional needs and spiritual balance. The main foundation is
love and compassion. Therefore, in Islam it is not allowed to have an element of coercion in
marriage. To strengthen this opinion, it was narrated from Aisyah R.A. once told about the
arrival of a young woman named Khansa bint Khidam al-Anshariyah. He said: “My father
has married me to his brother's son. The man hoped that by marrying me his bad behavior
would disappear. I don't really like it myself." Aisha said: "You are still sitting here while
waiting for the Messenger of Allah." As soon as the Prophet came, he conveyed the problem
earlier. The Prophet then called his father and asked him to leave the matchmaking issue to
him (his daughter). The woman then said to the Prophet: "O Messenger of Allah, I actually
obeyed what my father had done. However, I just want to let women know that
fathers/fathers have no right to this issue." (History of Ahmad, Abu Dawud, and Ibn Majah.
Some consider it a mursal hadith.)

From this hadith, we can conclude that the right and authority in choosing a life partner
lies with the child completely. Parents do not have the right to interfere in the affairs of
children in choosing a partner. So that forcing a mate is a violation of the rights of children
by parents. Therefore, why does Islam prohibit coercion in marriage, because a sakinah
family can only be formed if it is based on love and affection between the two. However, in
the concept of wali mujbir, a guardian may force his child to marry, but it is makruh, as long
as there is no possibility of danger arising. 11

11
Muhammad Solikhin, Ritual dan Tradisi Islam Jawa, Narasi, 2010, hlm 192

11
 The relationship of men and women in a family has been regulated by Islam in great
detail. Islam has very clear laws and explanations regarding problems in the family, because
the family is a small reflection of a very complex social order. In the family, it is necessary to
divide the roles in taking care of the household, so that common goals can be fulfilled to the
maximum. In the Qur'an it is stated that:

ً ‫ّ ِ ٍع ّ ٌ ك ز إى إل ّ ٘ إف ٍ٘ ُ ز ّ ع يِ إه ّ جا ً ُ إٓ ي ّ د ّ ِ ُ ز زج ّ ج ّ عإش م و ا ّ ٘ ٍ ٍصز ّ ح نإ ً ي‬
‫ى ِ ّ ٘ ُ م ٔ اى ْ ْإذ م و ٍث إً ّ ِ ّ ع يِ ًٍ ً ُ ٌ إٓ ت اهإ‬

Which means: "And women have rights that are equal to their obligations according to
the right way. However, husbands have one level of advantage over their wives. And Allah is
Mighty, Most Wise.” (Al-Baqarah: 228)

From this verse it can be concluded that Allah has no other purpose in exalting men one
level above women but because men are obliged to protect and be responsible for the welfare
of their families. In another verse it is also stated:

"Men are the leaders of women, because Allah has made some of them (men) superior to
others (women), and because they (men) have spent part of their wealth. Therefore, a pious
woman is one who obeys Allah and takes care of herself when her husband is not around,
because Allah has taken care of (them). The women for whom you are worried about their
nusyuz, then advise them and separate them in their beds, and beat them. Then if they obey
you, then do not look for ways to trouble them. Verily Allah is Most High, Most Great.”
(Surah An-Nisa 34).

The advantages of men over women are maintenance and protection. This refers to the
natural difference between the two sexes that requires the stronger sex to protect the weaker
sex. This is not intended to give one advantage over the other, nor is it intended to make a
husband an oppressor for his wife. The Prophet himself advised us to behave well towards
our wives. As his words read:

"The best believers are those who have the best character, and the best among you are
those who treat their wives the best." (Hr. Ahmad).

The husband as the most responsible person in the family, has the obligation to meet the
economic needs of the family so that the necessities of life can be fulfilled. As for women,
they are not required to work. Islam focuses more on women as wives and mothers who have

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a very large role and share in carrying out the task of forming the character of strong Islamic
generations in the future. In Islam there is no stipulation that prohibits women from working,
if there is an urgent need that forces them to work. Especially for women who have been
abandoned by their husbands or for women who are the backbone of their families. Islam
strongly recommends this, because if he does not work then his family will not be able to
survive. This is in accordance with the words of the Prophet Muhammad which reads:

"Worship includes seventy parts, one of which is work and this type of work is seeking
lawful wealth." (Hr. Ibn Majjah)

This hadith applies to both men and women. A woman may work in any field except
those related to:12

1) Qadhi: In Islam judge is not considered as a job, rather it is considered as a

big responsibility.
2) Mufti: That is the person who issues religious decisions (fatwa).

Many questions why in this case women are not allowed to take such jobs. This is
because a judge and mufti in making a decision must be based on stable emotions and
rational views, while women often experience unstable emotional disorders during
menstruation.

Such is the treatment and very high respect given by Islam to women. There is no term
husband is more powerful than wife in everything. This difference emphasizes the
complementary roles of the two in this life. So that a harmonious family is created where
every component of the family understands and knows what role he has to do to fill each
other's family life. Such is the desired family life in Islam.

12
M. A. Muabbir Al-Qathany, Pesan Untuk Muslimah, Gema Insani, 1992, hlm 51.

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 CHAPTER III CLOSING
3.1 Conclusion

Islamic law (Arabic: ‫ الٍ ٍح‬Shari'a Islamiyyah) is an Islamic law or regulation that
regulates all aspects of Muslim life. In addition to being true to the contents of laws and
regulations, Islamic law is also true to its content in solving all life's problems. So by some
adherents of Islam, Islamic law is a comprehensive and perfect guide to all problems of
human life and the life of this world. The objectives of Islamic law are to maintain or protect
religion, protect souls, protect offspring, protect intellect, protect property, protect one's
honor, protect sense of security. someone, Protecting people's lives.

Islam as a way of life for a Muslim has regulated various aspects of life regarding
men and women. Women have a very high position in Islam. As a personal entity, women are
highly respected in Islam, because women are the only creatures that are used as a source of
reproduction for the human race. The position of men and women as personal entities in the
Islamic perspective is the same. What distinguishes them is their devotion to Allah swt.

The difference between men and women as mentioned above is as a means to achieve
a perfection of life. Islam divides tasks for men and women according to their respective
abilities and character. So that it creates a harmonious life that helps each other, so that
maximum results can be achieved in carrying out the tasks that must be carried out by each
individual.

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 References

 Al – Qur’an
 Ahmad Zaki Yamani, Syariat Islam Yang Kekal dan Persoalan Masa Kini (Jakarta:
Intermasa, 1977).
 Abdullah Husain, Dan Malam Apabila Ia Berlalu, Dewan Bahasa dan Pustaka.
 Abdullah, Hak dan Kewajiban Muslimah, Niaga Swadaya.
 M. A. Muabbir Al-Qathany, Pesan Untuk Muslimah, Gema Insani, 1992.
 Muhammad Solikhin, Ritual dan Tradisi Islam Jawa, Narasi, 2010.
 MKD IAIN Sunan Ampel, Studi Hukum Islam (Surabaya: IAIN SA Press, 2012).
 Nina M. Armando, Ensiklopedi Islam, Vol. 6 (Jakarta: Ichtiar Baru van Hoeve, 2005).
 Ibnu Rabbani, Bukan Wanita Biasa, Qultum Media.
 Republika.co.id.2009.Tujuan Syariat Islam.URL :
https://www.republika.co.id/berita/47171/tujuan-syariat-islam.
 Uwaidah, Kamil Muhammad. 1998. Fiqih Wanita (Edisi Lengkap). Jakarta: Pustaka
Al-Kautsar
 Wahbah Az-Zuhaili (Penerjemah). 2011. Fiqih Islam 9. Jakarta: Gema Insani

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