STATUS TALAK BAGI WANITA HAIDH

(Analisis Teori Maqāsīd Al-Qur’ān Dalam Tafsīr Al-Tahrīr Wa Al-Tanwīr karya Ibnu Asyūr)

Abstract

This thesis aims to examine the status of divorce for menstruating women by analyzing the Maqāsīd Al-Qur’ān theory in the commentary of Al-Tahrīr wa al-Tanwīr by Ibn Asyur. According to Ibn Asyur, the interpretation of Maqāsīd uses Maqāsīd sharia as an approach concept, where the explanation contains specific issues from issues of sharia law, and ist own focus on family law, such as the goal of building a good household. The approach used by the author in this study is a qualitative approach, using library research and the data collection method used by the author is to understand the interpretation of Tahrir wa Tanwir by Ibn Asyur and other relevant books. The result of the study shows that in terms of divorce status for menstruating women Ibn Asyur provides three benefits that need to be known, namely tahsiniyah (tertiary needs), hajiyat (secondary needs), and daruriyat (primary needs) which include Ḥifẓ Din (safeguarding religion), Ḥifẓ Nafs Guarding the soul), Ḥifẓ Nasl (Safeguarding life), Ḥifẓ Mal (Safeguarding Property) and Ḥifẓ Aql (guarding the mind). In the study of divorce during menstruation it is included in the category of Kulliyah al-khams which in general is to bring benefits to servants both individually and in general, conditions or assets, physical or spiritual, and the world or the hereafter. Therefore, it has become one of the goals of all the laws in the world to specifically look after the family by establishing proper rules. From some of the explanations above, that the core of Maqāsīd sharia leads to the goal of family law in order to better provide agood life for humans in this world and the hereafter.