scholarly journals Reformulating The Concept of Maṣlaḥah: From A Textual Confinement Towards A Logic Determination

2020 ◽  
Vol 17 (1) ◽  
pp. 73
Author(s):  
Iffatin Nur ◽  
Muhammad Ngizzul Muttaqin
Keyword(s):  
Content Analysis ◽  
Qualitative Study ◽  
Historical Data ◽  
Analysis Method ◽  
Historical Aspect ◽  
Library Research ◽  
Content Analysis Method ◽  
The Law ◽  
The Times ◽  
Modern Era

Up to this contemporary era, the concept of maṣlaḥah developed by several leading Moslem scholars seems to be rather theocentric in a way that it is transfixed on the maṣlaḥah considerations contained in the texts (naṣṣ). This means that the concept of maṣlaḥah has so far been shadowed in the textual confinement so that the resulting maṣlaḥah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maṣlaḥah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literatures, journals, and other writings related to maṣlaḥah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maṣlaḥah from the process of textual confinement to logic determination which was then formulated with the reality of today's modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maṣlaḥah is one which has so far only been assessed in the perspective of Shāri' (the Law Maker), hence, it is necessary to reformulate it in the perspective of mujtahīd by referring to maṣlaḥah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maṣlaḥah, and 3) there present a necessity to formulate a collective-based ijtihād in probing of maṣlaḥah to create a scientific maṣlaḥah-based ijtihād methodology.Hingga pada era kontemporer sekarang ini, konsep maṣlaḥah yang dikembangkan oleh beberapa tokoh ilmuwan Muslim tampak lebih bersifat teosentris yang terpaku pada pertimbangan maṣlaḥah yang terdapat pada teks (naṣṣ). Artinya, konsep maṣlaḥah selama ini masih terbayang-bayang dalam kungkungan teks sehingga maṣlaḥah yang dihasilkan menjadi konsep yang jumud, stagnan, dan kurang bisa merespon tantangan zaman. Penelitian ini berusaha membuka wacana dan peluang terhadap perkembangan dan reformulasi maṣlaḥah pada era kontemporer saat ini. Penelitian ini adalah sebuah studi pustaka (library research) yang dilakukan dengan metode kualitatif. Data yang dipakai berasal dari literatur buku, jurnal, dan tulisan-tulisan lain yang berkaitan dengan maṣlaḥah dan dianalisa menggunakan metode content analysis. Pembahasan dilakukan dengan mendeskripsikan data sejarah pemikiran maṣlaḥah dari proses kungkungan teks hingga determinasi akal yang kemudian diformulasikan dengan realitas kehidupan era modern saat ini. Temuan penelitian ini menunjukkan bahwa: 1) reformulasi maṣlaḥah dari aspek sejarah adalah maṣlaḥah yang selama ini hanya dinilai dalam perspektif Syari’, karena itu perlu mereformulasinya dalam perspektif mujtahid dengan mengacu kepada maṣlaḥah yang dikaitkan dengan konteks realitas permasalahan, 2) perlu untuk memasukkan konsep etika dan kemanusiaan dalam struktur maṣlaḥah, dan 3) perlu untuk mereformulasikan ijtihād berbasis kolektif dalam pengambilan maṣlaḥah guna menciptakan metodologi ijtihād berbasis maṣlaḥah yang ilmiah.

scholarly journals Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

2020 ◽  
Vol 19 (2) ◽  
pp. 303-318
Author(s):  
Ahmad Edwar
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Analysis Method ◽  
Law System ◽  
The Third ◽  
Library Research ◽  
Content Analysis Method ◽  
The Law ◽  
Definition Of ◽  
Islamic Marriage

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

scholarly journals Waqf and Islamic Economics: Evidance on Establishing Student House

2020 ◽  
Vol 3 (2) ◽  
pp. 317
Author(s):  
Furqonul Haq ◽  
Muhammad Zainul Wathani
Keyword(s):  
Content Analysis ◽  
Education Economics ◽  
Analysis Method ◽  
Alternative Development ◽  
Library Research ◽  
Content Analysis Method ◽  
Boarding House ◽  
New Institutions ◽  
Culture Education ◽  
Simulation Scheme

In the last decade, Ghirrah related to the practice of Waqf in Indonesia is increasing in terms of quantity and diversity. For example, continue to increase the land/object of Waqf, the more new institutions that manage the Waqf, the existence of associations and forums for the development of Waqf, and the presence of new types of Waqf, such as insurance. Waqf is a proven system that can contribute to progress, culture, education, economics, social and civilization. In Islam Waqf has been practiced since the time of Rasulullah SAW and has undergone many significant changes ranging from its type, management and purpose. All that demands a new ijtihad ijtihad that can provide an alternative development of Waqf in the present that does not contradict the Islamic Shari'a. The purpose of this article is to highlight the importance of waqf in establishing student house. Nowadays, worthed boarding house is costly and this has prevented students from getting worthed boarding house. This paper offer an alternative solution to relieve such a situation, namely, through the application of waqf. The study suggests a concept to establish Waqf student house. The data was mainly collected using library research, all the data were analysed using the content analysis method. The findings show that waqf student house can help and support education in university. This article provides simulation scheme for establishing student house through waqf

scholarly journals AQAID AL-KHAMSINA MENURUT AHLUSSUNNAH WAL JAMA’AH

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Adenan Adenan ◽  
Ismet Sari ◽  
Sutan M. Arfierdin Pohan
Keyword(s):  
Content Analysis ◽  
Scientific Knowledge ◽  
Free Association ◽  
Data Sources ◽  
Primary Data ◽  
Analysis Method ◽  
Secondary Sources ◽  
Library Research ◽  
Content Analysis Method ◽  
The Way

<p><em>The rise of evil that existed in this period began from free association, abuse of drugs, theft and others. The moral deterioration is very much happening and the way to cope with it is by deepening the science of religion, which is with a lot of scientific knowledge of Tauhid. The science of Tauhid is a science that discusses the attributes of Allah SWT and his Messenger or called Aqaid Al-Khamsina. By studying the science of Tauhid can certainly reduce the number of criminality because by learning the science of Tauhid means a person's behavior will be much better. This research aims to determine the meaning of Aqaid Al-Khamsina and the explanation of each of these qualities. This research is included in Library research.  Primary data sources include the book by Imam Muhammad bin as-Sanusi named Umm al-Barahin, the publisher city of Kediri, the publisher name Santri Salaf Press, in the year 2015 and the book of Sheikh Muhammad Al-Fudholi named Kifayatul Awam, the publisher of Surabaya, the name of publisher Mutiara Ilmu, in the year 2018.  The secondary sources are books related to Aqaid Al-Khamsina, which is a book by Siradjuddin Abbas named I'itiqad Ahlussunnah Wal Jama'ah, a book by Abu Fikri Ihsani called Encyclopedia of Allah, a book by Imam Abil Izz Al-Hanafi named Tahdzib Syarah Aqidah Thahawiyah. In analyzing this research researchers use the Content analysis method (content analysis) is by means of drawing conclusions from several references that have been chosen, compared and combined.  The results of the research obtained is that Aqaid Al-Khamsina is a nature of Allah SWT and its Apostles that if in total there is 50 consisting of 20 mandatory nature of God, 20 impossibly god nature, 1 Jaiz nature, 4 mandatory nature of the Apostle, 4 the odds of the Apostle and 1 character Jaiz apostle. All of our mandatory qualities are known and Imani as the perfection of the creed.</em></p><p><strong><em>Keywords:</em></strong><em> Ahlussunnah Wal Jama'ah, Aqaid Al-Khamsina, Akidah, Tauhid.</em></p>

scholarly journals Teori Belajar Humanistik Dan Implikasinya Pada Maharah Istima'

2020 ◽  
Vol 9 (2) ◽  
pp. 213-228
Author(s):  
Naning Ma’rifatul Faiqoh ◽  
R. Umi Baroroh
Keyword(s):  
Content Analysis ◽  
Learning Theory ◽  
Learning Objectives ◽  
Media Culture ◽  
Analysis Method ◽  
Learning Models ◽  
Carl Rogers ◽  
Library Research ◽  
Content Analysis Method ◽  
Student Center

Recently, many educational theories grow up based on the assumptions in some problems. This article explores humanistic learning theory and its implications for learning Arabic at maharah istima ', using library research, since the data and information were collected in the form of a continuous library with discussion, then the researcher analyzed the data using content analysis method. The results shows that the application of  maharah istima '  learning Arabic includes learning objectives, learning models, using media, culture and students’ background. Carl Rogers' humanistic theory emphasizes deep humanity, does not contain selfish, individualistic elements or authoritarian, they do not have to follow our opinion, so this theory focuses on the student center, that focused on the cognitive, affective and psychomotor aspects by giving students their rights, being humanized, recognized and accepted, from which students will be optimistic in voicing contents of their mind.

scholarly journals Interaksi Edukatif dalam Al-Qur`an

2018 ◽  
Vol 1 (2) ◽  
pp. 207-214
Author(s):  
Alimuddin Alimuddin
Keyword(s):  
Qualitative Research ◽  
Content Analysis ◽  
Research Literature ◽  
Research Approach ◽  
Analysis Method ◽  
Interactive Education ◽  
Library Research ◽  
Content Analysis Method ◽  
And Behavior ◽  
Education Concept

This research aims at analysing the interactive education concept in Qur’an wich examines specifically surah al-Baqarah (2) verse 133 and surah al-Saffat (37) verse 102. This research applied both qualitative research approach and are uses type of research literature (Library Research). The technique of data collection carried out in this Reseach was decomentation techniques. Furthermore, the collected data was analysed by using the content Analysis Method. The finding shows that educative interaction in the koran has purposes of promoting a generation of monotheism (Tauhid) to Allah, diligent in worship, and noble character. The achievement is significantly influenced by the personality influenced by the personality of an educator who is patient, caring, and knows the students’ psychology. Moreover, an educative interaction within Qur’an to correspond between values, knowledge and behavior wich lead the learners to be great figures, being able to build a mindset namely scientific thought and noble character.

scholarly journals Berkebun Sebagai Terapi Kesihatan Mental Sewaktu Pandemik Covid-19

2021 ◽  
Vol 25 (1) ◽  
pp. 97-114
Author(s):  
Dini Farhana Baharudin ◽  
Kalsom Ali ◽  
Mahanom A. Jalil ◽  
Arif Ainur Rofiq
Keyword(s):  
Mental Health ◽  
Content Analysis ◽  
Well Being ◽  
Health Issues ◽  
Analysis Method ◽  
Mental Health Issues ◽  
Library Research ◽  
Content Analysis Method ◽  
Alternative Approach ◽  
The World

The Coronavirus Disease 2019 (COVID-19) pandemic affects mental health in communities all over the world. Thus, this paper aims to see the potential of gardening as a therapy for mental health during this COVID-19 pandemic. Through the content analysis method, library research was conducted to examine this intervention. Findings show that gardening can be an alternative approach to prevention and healing in regards to mental health issues. Nature-based intervention such as gardening helps bring the feeling of peace and closeness to Allah which also allows for mental health issues to be curbed and health be restored, which ensures the overall well-being of those affected by COVID-19.

scholarly journals Rights of Redress on Supply of Goods under Consumer Protection Act 1999: The Issue of Halal Logo

2021 ◽  
Vol 6 (10) ◽  
pp. 437-442
Author(s):  
Nasihah Naimat ◽  
Elistina Abu Bakar
Keyword(s):  
Content Analysis ◽  
Consumer Protection ◽  
Business Practice ◽  
Analysis Method ◽  
Consumer Protection Act ◽  
Content Analysis Method ◽  
The Law ◽  
Rights And Interests ◽  
The Right

Halal logo is designed to protect consumers from fraud and mislabelling. However, over the years, there has been a controversy surrounding the use of a false halal logo to attract Muslim consumers to buy certain goods. The act of unethical business practice to attract consumers to buy their goods have caused some misunderstanding among consumers regarding the halal status of such goods. Therefore, the law is the most important mechanism in protecting the rights and interests of consumers to claim compensation if their rights have been violated. Under the Consumer Protection Act (CPA) 1999, it puts a responsibility on suppliers and manufacturers to ensure that the goods supplied are the same as specified. However, the question arises as to the extent to which consumers have the right of redress under the CPA 1999 in the issue of supplying false halal logo goods. By using the content analysis method, this article aims to analyze the scope and provisions of the CPA 1999 that govern matters relating to the supply of goods. The discussion of this article reveals that Part VI and VII of the CPA 1999 contains several loopholes that must be addressed in order to provide better rights of redress to consumers on the issue of supplying false halal logo goods.

scholarly journals KONSEP TA’WIL USHULIYYIN DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM ISLAM

2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Syahrial Dedi
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Negative Impact ◽  
Analysis Method ◽  
Content Analysis Method ◽  
The Law

The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure.  The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.

scholarly journals Islamic Notion of Happiness (Al-Sa‘ada): An Analysis of Miskawayh’s Thought

2021 ◽  
Vol 19 (1) ◽  
pp. 49-57
Author(s):  
Mohd. Nasir Omar ◽  
Ahmad Sunawari Long ◽  
Abdull Rahman Mahmood ◽  
Zaizul Ab Rahman
Keyword(s):  
Content Analysis ◽  
Qualitative Study ◽  
Critical Analysis ◽  
Analysis Method ◽  
Conceptual Content ◽  
Islamic Ethics ◽  
Content Analysis Method ◽  
Famous Book ◽  
Analytical System

Miskawayh (d.1030), through his famous book on ethics, Tahdhib al-Akhlaq (The Refinement of Character), has separated ethics from other disciplines, offering a very thorough analytical system of Islamic ethics. His Tahdhib al-Akhlaq was thus occupying a prominent place in this particular branch of Islamic ethical literature. It is scarcely an exaggeration to say that most of the later works that deal with this subject such as those by al-Ghazali, al-Tusi and al-Dawwani, use it as their main authority and some of them are even based on it. Thus, the objective of this qualitative study, which applies conceptual content analysis method, is to make a critical analysis of such an influential works on ethics in Islam with the purpose of elucidating its views concerning happiness, as well as the ways by which man may achieve a noble state of character, so as to attain such a great goal. To this end, the present study confines itself to discussing the concept of happiness and to finding out the answer to those particular questions regarding its nature such are, what is meant by happiness, or what does happiness consist of? Why is happiness the end to be achieved by man and for which sake he was created? Is happiness attainable in this life or the next? Who is the happy man? and so forth. The result of this study shows that the thought of Aristotle and other philosophers enable Miskawayh to philosophise about moral happiness and how Islamic faiths brings about the development of that legacy.

scholarly journals application of principle of res judicata and estopple in family law cases in Syariah court

2021 ◽  
Vol 5 (S4) ◽  
pp. 2102-2111
Author(s):  
Nadia Murshida Abd Azzis
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Family Law ◽  
Analysis Method ◽  
Res Judicata ◽  
Legal Provisions ◽  
Library Research ◽  
Content Analysis Method ◽  
Principle Of Justice ◽  
Child Maintenance

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.

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