MAQASHID Jurnal Hukum Islam

THE DISCOVERY OF ISLAMIC LAW WITH THE TURAS BOOKS

afthon yazid — Tue, 07 Nov 2023 00:00:00 +0800

The dynamics of fiqh that occurred at 2nd H, gave rise to the process of transitioning Islamic law from the form of ijtihad based on the the companions to a scientific and measurable process. Its maintained from Four Imams who codified the results of their legal thoughts in the books of fiqh. The Four Imams and their books could be define in turas books or classical books, have difference thought during determine an ijtihad. This study aims to explain the development method of finding legal sources in turas books based on madzahib al arba'ah scholars. The researchers conducted a library study with a descriptive analysis approach, collected sources, verified, and interpreted in detail. The results showed that in determining the law, the scholars of the mahdhhab put forward their textual and contextual method. The result of the textual law , determined by the Qur'an and hadith, but does not leave the contextually which is ar-rayu. The theory and methodology of the discovery of the law of madzahib scholars are broadly the same. Its using Qur'an, sunnah, ijma' and qiyas. However, in the practice of developing qiyas methodology, scholars of the madhhab have differing in opinion, such as use the method of istihsan, urf, maslahah mursalah, atsar ahlu medina and hadith mursal.

CRITICISM OF THE ISLAMIC INHERITANCE DISTRIBUTION SYSTEM PERSPECTIVE OF THE PRINCIPLE OF PROPORTIONALITY.

Nor Salam — Wed, 08 Nov 2023 00:00:00 +0800

This paper is motivated by the debate about the existence of inheritance law in Islam which is often stigmatized as a law that is not friendly to the element of equality in the percentage of acquisition of men and women. This background will then be examined in this paper by proposing a perspective on the principle of proportionality as the basis of Islamic inheritance law. Through a normative-doctrinaire legal study method, this study concludes that the principles of inheritance are eclectic between the principle of proportionality and the principle of justice. This has implications for social decency, which can be between different time and period dimensions or between one community and another that has different standards.

REVIEW OF ISLAMIC LAW ON GOAT PRODUCTION SHARING

roisul adib — Sat, 13 Jan 2024 00:00:00 +0800

In social life there must be such things as rules to guide. In the state, laws are used as rules and prohibitions as well as sanctions for every individual or group who violates them. In Islam, many kinds of laws are used, one of which is Islamic law regarding buying and selling, namely muamalah fiqh. In this business, you entrust pets to other people. The results of this research can be concluded that the Study of Goat Livestock Results in the Perspective of Sharia Economic Law in Ganjaran Village is a type of Syirkah Mudharabah which is carried out orally. Sharing the results of goat farming is still done according to custom, namely by the goats that are born, if one goat is born then it is sold first and then divided in half. If a goat gives birth to 2 goats, each of them gets 1 goat. The second way to share the results is by taking turns with the goat kids, the first born child goes to (mudharib) the second child goes to (shahibul mall) and so on, while for male goats the way to share the results is by selling them first, then the profits from the sale are divided into two.

MAQĀṢID SHARI’AH DAN IMPLIKASINYA TERHADAP TAFSIR MAQĀṢIDĪ

Safira Azzah Riscilia, Sofiatun Nikma, Salsa Nysya' Uljannah — Fri, 10 Nov 2023 00:00:00 +0800

The aim of this research is to find out the genealogy of Maqāṣid al-Shari‘ah and Tafsir Maqāṣidī, the urgency of Maqāṣid al-Shari‘ah in an interpretation, and the application of the interpretation of Maqāṣid al-Shari‘ah in Tafsir Maqāṣidī. In this case, the method used to find out some of the points above is using a qualitative method based on library research or by collecting reading sources which can be books, articles or journals related to the relevant sub-chapters. As for applying the verse, you need to know the legal basis by reading the verse through the lens of Maqāṣid al-Shari‘ah. From the research results, it can be seen that maqāshidi interpretation cannot be separated from Maqāṣid al-Shari‘ah because the two are interconnected with each other. And the importance of knowing the Maqāṣid al-Shari‘ah is to be able to reach the meaning beyond what the text says. Therefore, this research tries to bridge researchers to find out the genealogy, urgency and application of interpretation.

RELEVANSI HUKUM MENGHADIRI UNDANGAN WALI MATUL ‘URSY DI ERA MODERN

Ummu Sa’adah , Muhammad Ilham Rosady — Sat, 11 Nov 2023 00:00:00 +0800

This article will discuss a little about the implementation of the wali>matul 'ursy in the modern era, especially regarding the legal relevance of attending the wali>matul 'ursy invitation. In the current era, it is not uncommon for us to find cases that are actually prohibited by the shari'at but are generally accepted in modern society, these cases can actually become an obstacle to our obligation to attend the wali>matul 'ursy invitation, it could even be unlawful, in the sense that we can get sin for attending the event. This problem is rarely paid attention to by society in general, especially ordinary people who live far from the scientific world, especially in the field of shari'ah. Therefore the author will thoroughly examine this matter with a brief, concise and clear explanation. This type of research is library research using a descriptive qualitative approach. The data sources that the writer uses are turas books maz|hab Syafi'i, namely the Book of Hasyiyah al-Bajuri as the primary data source in this study. As a result of the research, the authors found the fact that the law of attending wali>matul 'ursy is conditionally obligatory. This means that if it does not meet the requirements then the obligatory law will move to permissible, makruh and even unlawful law.

PERHITUNGAN WETON PERKAWINAN MENURUT ADAT JAWA

Nur Qomari — Wed, 29 Nov 2023 00:00:00 +0800

Marriage is a religious ritual in Islam that was also followed by the Prophet Muhammad. Almost all ethnicities have different customs. One of the Javanese customs in conducting a wedding is by calculating the weton or day of birth. The weton determines a prediction about the future fate of the family. The purpose of this research is to find out how the connection between the weton tradition that takes place before the wedding with the perspective of one of the books of fiqh rules, namely the book of al-Faraid al-Bahiyyah. This research method is a library research genre using a content analysis approach. The findings of this study include: a) In the implementation of the weton tradition, the Javanese community is divided into two groups, firstly kejawen, a group that makes weton as a benchmark for marriage and believes in it. The second is potehan, a group that is afraid of polytheism. They do not use weton completely. b) Weton according to the book al-Faraid al-Bahiyyah has fulfilled the requirements of custom and can be used as a basis for law, the conditions are first, custom can be used as a basis for law if it is muththarid (applies evenly) in an area. Secondly, if there is a conflict between `urf jali and shara' then the former takes precedence, if it is not related to the law of shara'. Third, `Urf khash if it is not limited to a particular area, then it can be used as a legal basis.Fourth, the standard of `urf that can be used as a landmark