scholarly journals TA’LÎL AL-AHKÂM DARI MASA RASULULLAH HINGGA MASA ULAMA USHÛL

2016 ◽  
Vol 2 (1) ◽  
pp. 210-234
Author(s):  
Nur Lailatul Musyafaah

Abstract: Ta’lîl al-ahkâm is explaining by finding the legal reason.  At the time of the Prophet, ta’lîl was contained in the Qur’an and hadith, among them: 1.’ Illat was embodied with the character of law, 2. Stating the legal position with its reason and historical background, 3. Explaining command accompanied by tafdhîl, 4. Explaining law with its reason marked with the letter of ta’lîl, 5. Explaining law and its explanation about the benefit or in otherwise. The methods of ta’lîl al-ahkâm at the time of companion: 1. Elimination of the penalty for refusing mafsadah, 2. Law is changed because its legal reason has  been lost. 3. Not carrying out the command of Allah and His Messenger for the reason of mafsadah if the work is still performed, 4. Assigning the unassigned law at the time of Prophet for the sake of refusing mafsadah, 5. Doing something which was not done at the time of the Prophet for the reason of gaining benefit, 6. Establishing  law based on the text without searching the illah. The methods of ta’lîl al-ahkâm at the period of tâbi’în and tâbi’ tâbi’în: 1. Advancing benefit, the law contained in the textis absolute or contrary to the public welfare, 2. Using the method of maslahah mursalah. 3. Leaving a permissible act by the reason of mafsadah. The methods of ta’lîl al-ahkâm in the period of Muslim scholars of ushûl: with text, ijmâ’, and al-sabr wa al-taqsîm.Keywords: Ta’lîl al-ahkâm, period of the Messenger, period of the Muslim scholars of ushûl. Abstrak: Ta’lîl al-ahkâm adalah menjelaskan dan cara menemukan ilat hukum. Pada masa Rasulullah, ta’lîl terdapat pada al-Qur’an dan hadis, di antaranya; 1. Ilat menyatu dengan sifat hukum, 2. Menyebutkan hukum beserta sebabnya. 3. Menjelaskan perintah diiringi dengan lafadz tafdhîl, 4. Menjelaskan hukum beserta ilatnya yang ditandai dengan huruf ta’lîl, 5. Menjelaskan hukum disertai dengan penjelasan maslahatnya, atau sebaliknya. Metode ta’lîl al-ahkâm pada masa Sahabat: 1. Meniadakan hukuman karena alasan menolak mafsadah, 2. Hukum menjadi berubah, karena ilatnya telah hilang, 3. Tidak melaksanakan perintah Allah dan RasulNya, karena adanya mafsadah apabila pekerjaan tersebut tetap dilaksanakan. 4. Menetapkan hukum yang belum ditetapkan Rasulullah demi menolak mafsadah, 5. Mengerjakan pekerjaan yang tidak dikerjakan pada masa Rasulullah, dengan alasan kebaikan, 6. Menetapkan hukum berdasarkan nas yang ada tanpa mencari ilat hukum.Metode ta’lîl al-ahkâm pada masa Tâbi’în dan Tâbi’ Tâbi’în: 1. Mendahuluan maslahat, jika hukum yang terkandung dalam nas bersifat mutlak atau umum bertentangan dengan kemaslahatan, 2. Menggunakan metode maslahah mursalah. 3. Meninggalkan pekerjaan yang mubah atau sunnah, karena jika dikerjakan akan mendatangkan mafsadah. Metode ta’lîl al-ahkâm pada Masa Ulama Ushûl: Dengan nash, ijma’, dan al-sabr wa al-taqsîm.Kata Kunci: Ta’lîl al-ahkâm, Masa Rasulullah, masa Ulama Ushûl. 

1948 ◽  
Vol 42 (2) ◽  
pp. 239-271 ◽  
Author(s):  
Belle Zeller

Although the need for such action had long been apparent in Washington, it was not until 1946 that a federal statute was enacted for the regulation of general lobbying activities. Prior to that year, Congress had, on a number of occasions, investigated lobbying practices, and as a result had enacted measures which reached a limited number of groups engaged in them. The Public Utility Holding Company Act of 1935, the congressional act in 1936 affecting the shipping interests, and the Foreign Agents Registration Act of 1938 were important regulatory measures, but they reached only a few of the groups exerting direct and continuous influence in Washington. The Federal Regulation of Lobbying Act of August 2, 1946, is more general in its coverage; and it has been in force long enough for its effectiveness to be tested.In this article, it is my purpose (1) to supply a brief historical background for the measure referred to; (2) to examine the statute's provisions; (3) to appraise the objections raised to it; (4) to examine the actual administration of the act and point out the difficulties of enforcement, particularly during its first year; and (5) to offer recommendations for strengthening the law.


2017 ◽  
Vol 17 (2) ◽  
pp. 189
Author(s):  
R. Aris Hidayat

<p>Fatwa MUI on illicit nature of cigarettes, sparking a debate in the public. Polemics involving the government, tobacco companies, tobacco farmers, cigarette consumers, clergy, health organizations and other community elements. Polemic about the law of cigarettes, according to the search on the manuscript, actually has been going on long before the fatwa MUI. It can be seen on a manuscript entitled Irsyad Al-Ikhwan, work of Sheikh Ihsan Muhammad Dahlan of Boarding Schools (Pondok Pesantren) Jampes Kediri East Java. According to Sheikh Ihsan, the legal position of smoking is found only opinions / ijtihad of the scholars alone, that would be deviation (there is a difference of opinion). Smoking is not a single legal position, some have argued haram, halal, permissible, and even beneficial makruh. It happens because there is a precondition in the case of smoking.</p><p>---</p><p><br />Fatwa MUI tentang sifat bahaya rokok, memicu perdebatan di masyarakat, yaitu polemik yang melibatkan pemerintah, perusahaan tembakau, petani tembakau, konsumen rokok, kyai atau tokoh agama, organisasi kesehatan dan elemen masyarakat lainnya. Polemik tentang hukum rokok, menurut hasil pencarian naskahnya, sebenarnya sudah terjadi jauh sebelum fatwa MUI dikeluarkan. Hal itu bisa dilihat pada manuskrip yang berjudul Irsyad Al-Ikhwan, karya Sheikh Ihsan Muhammad Dahlan dari Pondok Pesantren Jampes Kediri Jawa Timur. Menurut Sheikh Ihsan, posisi hukum merokok hanya merupakan opini / ijtihad para ulama saja, sehingga menimbulkan perbedaan pendapat. Posisi hukum merokok tidaklah tunggal, ada yang berpendapat haram, halal, diperbolehkan, dan bahkan makruh. Itu terjadi karena ada prasyarat dalam kasus merokok.</p><p> </p>


2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.


2018 ◽  
Vol 13 (2) ◽  
pp. 1
Author(s):  
Uswatun Hasanah

Indonesia is a country that has quite a lot of waqf lands, amounting to 3.492.045.373m2, distributed in 420 003 locations. Unfortunately the waqf lands are not managed productively, so that they cannot be utilized to improve the public welfare. To promote and develop waqf in Indonesia, in the Law No. 41 year 2004 it is mandated to set up Indonesian Waqf Board. In 2007 President of the Republic of Indonesia, Dr. Susilo Bambang Yudhoyono signed a decree on the  formation of Indonesian Waqf Board (BWI). Now BWI has reached it seventh year of age. The question arising is, how is the role of BWI in promoting and developing waqf in Indonesia? Despite very limited funds, BWI with its six divisions has been running its programs, and even to develop waqf in Indonesia, presently BWI has already established 24 representatives, and 9 representatives are still in the process. Hopefully with representatives in every province, Indonesian waqf can evolve in a productive manner so that the results can be used to improve the welfare of the people. Keywords: waqf, productive, and wellfare.


1978 ◽  
Vol 10 (4) ◽  
pp. 341-351
Author(s):  
Edward J. Kealey

Sometime in the second decade of the twelfth century an anonymous clerk compiled a long awkward treatise which we call the Laws of Henry I. He pompously began by declaring, “The glorious Caesar, Henry, moderate, wise, just and valiant, sheds radiance over all his kingdom in ecclesiastical laws and secular ordinances, in writings, and in displays of good works.” On the very day that Henry died in Normandy a Saxon physician, priest, and prophet, Wulfric of Haselbury, living in seclusion in Somerset, told his feudal patron that the dead king would enter Paradise because he had kept peace, had sought justice, and had even built a splendid abbey for Benedictine monks. Few later commentators would be as generous as these two. Other historians unfavorably contrasted Henry's wisdom, wealth, and victory with his avarice, cruelty, and lust.The law clerk's short catalog contains several surprises. It suggests Henry generated ecclesiastical laws himself, an odd, but not untrue, observation. It reports that the king performed good works, but these are never specified. Most fascinatingly, it hints that “in writings” Henry composed things other than charters and writs. Unfortunately, no such texts have survived. Thus, what we most seek to learn—the monarch's own intentions and reflections—still elude us. Henry's personal understanding of his monarchial responsibilities must therefore be interpreted from his actions, rather than traced from his plans.


Author(s):  
Torremans Paul

This chapter examines issues surrounding the exclusion, or non-enforcement, of foreign law. There are circumstances when the law of the forum must be preferred to the foreign law that would normally be applicable to the case. An outstanding example of this is the civil law doctrine of ordre public under which any domestic rule designed to protect the public welfare must prevail over an inconsistent foreign rule. This chapter discusses four cases in which foreign law will not be enforced, either directly or indirectly, by English courts: foreign revenue, penal and other public laws; foreign expropriatory legislation; foreign laws repugnant to English public policy; and the mandatory rules of the forum. It also describes the effect of European private international law on the rule against the enforcement of foreign revenue, penal and other public laws in England.


2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.


2021 ◽  
Vol 2 (3) ◽  
pp. 622-627
Author(s):  
I Kadek Semara Atmika ◽  
I Nyoman Budiartha ◽  
Lda Ayu Putu Widiati

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.


1974 ◽  
Vol 6 (1) ◽  
pp. 107-149
Author(s):  
Roger A. Brown

In an examination of the existing limitations of freedom of assembly and demonstration in the A.C.T., Mr Brown first deals with the common law and various statutory provisions as they stood in 1971. He then examines the Public Order (Protection of Persons and Property) Act 1971 (Cth) in some depth. His conclusion, after a brief discussion of rights of peaceful assembly in the present law, is that the current legal position in the A.C.T. is unsatisfactory in that it does not give sufficient guarantees to civil rights but rather embodies repressive laws to prevent threats of public disorder that may be more imaginary than real.


2020 ◽  
Vol 31 (2) ◽  
pp. 366-385
Author(s):  
Ali Salman Jamil

The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.


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