The Concept of Al-Syāṭibī’s al-Ta‘āruḍ wa al-Tarjīḥ: Scientific Faith and Methodology Solution to Legal Istinbāṭ

2018 ◽  
Vol 12 (1) ◽  
pp. 105-118
Author(s):  
Farkhani Farkhani ◽  
Elviandri Elviandri ◽  
Sigit Sapto Nugroho
Keyword(s):  
Literature Study ◽  
Library Research ◽  
The People ◽  
The Law

Al-Ta‘āruḍ wa al-tarjīḥ is a methodology offered by al-Syāṭibī to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘āruḍ wa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-Muwāfaqāt. To al-Syāṭibī, no at-ta‘āruḍ (contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbāṭ al-ḥukm (taking out the law) which originated from the ẓāhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbāṭ al-ḥukm.

scholarly journals Implementasi Kaidah “Lā Masāga li al-Ijtihād fī Maurid al-Naṣ” dalam Fikih Islam

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Jahada Mangka ◽  
Andi Muh. Taqiyuddin BN ◽  
Muh. Isra Syarif
Keyword(s):  
Data Collection ◽  
Literature Study ◽  
Collection Method ◽  
Data Collection Method ◽  
Library Research ◽  
The Law

The purpose of this research is to describe, explain the meaning and veracity of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ, and to explain how the implementation of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ. This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) 1. The rule Lā Masāga Lilijtihād Fī Maurid al-Naṣ has the meaning that it is not permissible to do ijtihad as long as there is a verse. And the function of fiqh rules, especially in this jurisprudence principle, is to explain that the law of fiqh functions to provide an interpretation of the text that it is not permissible to do ijtihad or seek the law of a problem as long as the problem is still explained in the law in the text. 2) The validity of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ is listed in the passages of the Koran and as-Sunnah, which explains about prioritizing the commands of Allah and His Messenger before taking other laws if there is no explanation in the Shari'a. 3) The implementation of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ (ijtihad is not allowed as long as nash is existing) is valid as long as it does not violate or contradict the nas, consensus, qiyas jaliy, the words of the 4 mazhab, and the judge's error in the legal outcome, cause, or method. So the implementation of this rule can be noticed in existing examples and this rule cannot always be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.

scholarly journals PELAKSANAAN PRODUKSI PRODUK HALAL FOOD MENGGUNAKAN AKAD KERJASAMA DI TINJAU DARI PRINSIP TABADUL AL-MANAFI DAN AN’TARADHIN

2021 ◽  
Vol 3 (1) ◽  
pp. 10-24
Author(s):  
Neni Hardiati ◽  
Atang Abdul Hakim
Keyword(s):  
Islamic Law ◽  
Economic Activities ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Philosophical Foundations ◽  
The People ◽  
Halal Food ◽  
The Law ◽  
Islamic Economic ◽  
Islamic Values

Cooperation agreement in the principles of Tabadul al-manafi and An'taradhin is very effectively applied. For this is evident from the fundamentals of the law. This principle is aqidah, shari'ah and morals. This economic system is based on Islamic values, namely equality, usefulness, balance, kindness and universality (rahmat li al-aalmin), so that the people of Indonesia in the future experience improved economic welfare on the basis of sharia principles. According to thrifty authors that the cooperation agreement has the benefit to be applied to the actors of the production of halal food products.  The source of the law that underlies all economic activities, and other philosophical foundations of Islamic law that form the basis in developing the Islamic economy anywhere and in any form, and should not be out of the sharia corridor. Benefit is the main objective in Islamic economic activities and avoids all forms of normality. Through this paper by qualitative research method, with normative juridical approach through literature study. So that with this method can be excavated filosifis values in the development of Islamic economy in the field of halal product production.

scholarly journals Political Intervention in Indonesian Legislation

2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhammad Satria ◽  
Munajah Munajah ◽  
Sulistia Ningsih Rahayu ◽  
Suryadi Suryadi
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Legal Research ◽  
Library Research ◽  
The People ◽  
Political Intervention ◽  
The Law

The purpose of this research discusses political intervention in legislation in Indonesia to examine the problems that occur in the process of making laws. Based on the problems examined by the author, the research method used is a normative research method. Normative legal research methods or library research methods are methods or methods used in legal research conducted by examining existing library materials. Law intervention results in the form of ratification of the agenda of the intervention, and the Articles then become the basis for activities that are detrimental to the people at large and are contrary to ideology, religion for the Indonesian people. Thus, the intervention of the Law harms the nation extensively.

scholarly journals مكانة عمل أهل المدينة عند الإمام مالك بن أنس

2020 ◽  
Vol 1 (1) ◽  
pp. 33-60
Author(s):  
Rachmat bin Badani Tempo ◽  
Saifullah bin Anshor ◽  
Wahyuni Ishak
Keyword(s):  
Speech Acts ◽  
Scientific Research ◽  
Library Research ◽  
The People ◽  
The Law ◽  
The City

The research in front of dear readers is about the practice of the people of Medina. Among the objectives were: To identify the essence of the practice of people of Medina and its position according to Imam Malik and other scholars. The researchers focuses on two points, the first: the essence of the people of Medina, and the second: What is the position of the people of Medina according to Imam Malik bin Anas and other scholars? The type of research employed was library research that focuses on texts from books and interesting results of scientific research related to the topic. The results show: First, the practice of the people of Medina is propositions or arguments which are disputed, this is due to differences in understanding the concept. Second, the practice of the people of Medina is divided into two parts, one of which is through excerpts which consist of four types: excerpts of the speech, acts, consent and neglect, and this is an agreed statement. The second one is based on ijtihad, Imam Malik's companions differ in this respect. Third, the practice of people of Medina according to Imam Malik has a great position because of the prominence of the city of Medina and its people compared to other regions based on several narrations mentioned by the Prophet sallallaahu 'alaihi wasallam and his companions, may Allah be pleased with them all. Imam Malik had deduced the law from several problems based on the practice of people of Medina, had often referred to it in different terms in his Muwatta, and had given priority to the practice of the people in Madina if it is contradicting to khabar wahid. He has written letters against people who disagree with him regarding the practice of people of Medina in his time including his famous treatise to Al-Laits bin Saad. Fourth, in contrast to Imam Malik, the majority of scholars do not consider the practice of the people of Medina as a proposition because they see that perfection belongs to the ummah as a whole, and the people of Medina are not the whole ummat, even outside the city of Medina some scholars are more knowledgeable than the people of Medina.

scholarly journals RESEPSI MASYARAKAT TIMUR INDONESIA TENTANG “SOPI” (REINTERPRETASI TERHADAP EMPAT SERANGKAI AYAT KHAMAR)

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhammad Sakti Garwan
Keyword(s):  
Edmund Husserl ◽  
Field Research ◽  
General View ◽  
Religious Leaders ◽  
Research Subjects ◽  
Traditional Leaders ◽  
Eastern Indonesia ◽  
Library Research ◽  
The People ◽  
The Law

In this paper contains and describes how the people of Eastern Indonesia in the reception of verses about khamar, namely in an-Nahl (16): 67, QS. al-Baqarah (2): 219, QS. al-Maidah (5): 90, and QS. an-Nisa (4): 43. In the general view ofscholars khamar or the like, sopi is indeed something that is unlawful. This issue then raises problems in the lives of Eastern Indonesian people, who regard khamar or sopi as a symbol of brotherhood, encouragement of tradition and a turning wheel of the people's economy. This paper is qualitative in nature, combining library research and field research. The data in this paper were collected by observation techniques, and interviews were then analyzed using the analysis of the phenomenology of Edmund Husserl, with religious leaders, and traditional leaders as research subjects. This paper contains the formulation of the problem (1) How is the reception of Eastern Indonesian people about theverse khamar in the Qur’an? (2) What is the perception of the community in distinguishing mudharat and the benefits of drinks khamar? They show of community reception through four verses attention to three aspects, symbolizing brotherhood, tradition and players encouragement economy of the community, in the reception also showed a reinterpretation of the meaning of the verse of the Qur’an, in particular paragraph of the law to drink alcohol or gin, which in the science of usul fiqh can be categorized as a rukhshah, that is, a codification of law that is given shari'ah for the mukallaf who has difficulty in carrying out the taklif that is imposed on him.

scholarly journals Metode Penetapan Hukum Nikah Misyār Perspektif Yusuf al-Qarḍāwī

2021 ◽  
Vol 2 (3) ◽  
pp. 509-520
Author(s):  
M. Kasim ◽  
Hijrayanti Sari ◽  
Aisyah S.
Keyword(s):  
Qualitative Research ◽  
Legal Basis ◽  
Literature Study ◽  
Normative Approach ◽  
Library Research ◽  
The Law

This study aims to determine the law of misyār marriage according to Yusuf al-Qarḍāwī and the things that underlie his opinion regarding the law. This research is a qualitative research with the type of literature study (Library Research), using a historical normative approach. The results achieved from this study are: First, the law of misyār marriage according to Yusuf Al-Qarḍāwī is legal. Second, the legal basis of Yusuf Al-Qarḍāwī in determining the law of permissibility is the Qur'an, hadith, and ijma' using the ijtihad insya'i method.

scholarly journals Penerapan Hukum dalam Pembebanan Nafkah Istri Pasca Perceraian di Pengadilan Agama Limboto

Al-Mizan ◽  
2019 ◽  
Vol 15 (2) ◽  
pp. 292-315
Author(s):  
Kartiningsi Dako
Keyword(s):  
Literature Study ◽  
Normative Approach ◽  
Library Research ◽  
The Law

This article discusses the livelihood of a post-divorce wife in the Limboto Religious Court by examining two decisions, namely Decision Number 419/Pdt.G/ 2016/PA.Lbt and Decision Number 618/Pdt.G/2018/PA.Lbt. These two decisions are different, although related to the burden of post-divorce wife's livelihood, so the problem in this article is how to apply the judge's law in determining the post-divorce wife's liability in the Limboto Religious Court? This research is a library research with a juridical normative approach. Data collected through literature study, then processed and analyzed descriptively qualitatively. The results showed the panel of judges of the Religious Court in the determination of the wife's post-divorce decision in the case of Decision Number 419/Pdt.G/2016/PA.Lbt and Decision Number 618/Pdt.G/2018/ PA.Lbt using the application of the law based on grammatical interpretation from the context of the husband's ability in terms of income, namely the actual ability and potential ability.

scholarly journals RIWAYAT-RIWAYAT ISRAILIYYAT DALAM TAFSĪR AL QUR’AN; ASAL-USUL DAN HUKUMNYA

2020 ◽  
Vol 14 (2) ◽  
pp. 221-238
Author(s):  
Muhammad Yasin Akhmad ◽  
Dr Suhandi M. Ag
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Literature Study ◽  
Other Hand ◽  
Library Research ◽  
History Of ◽  
The Law ◽  
Qualitative Literature

AbstractThis research discusses the history of isra'iliyyat in the tafsir book and what is the law of narrating isra'iliyyat. While in the isra'iliyyat narration there is difference whether it is permissible or not and how the isra'iliyyat narration is contained in the tafsir books. The method used in this research is qualitative literature study (Library Research). The results show that the history of Isra'iliyyat is in accordance with Islamic syari'at, then the truth of Israiliyyat can be recognized and allowed to narrate it. Otherwise if it is contrary to Islamic law, it considered unthrue and may not be narrated, but this is allowed if the position has been explained in the interpretation. On the other hand, if there is no information in the Islamic Sharia regarding the content of israiliyyat, then the step that must be chosen is tawaquf, which is not punishing whether it is true or not.   AbstrakPenelitian ini membahas tentang riwayat isra’iliyyat dalam kitab tafsir serta bagaimana hukum meriwayatkan isra’iliyyat. Dimana dalam periwayatan isra’iliyyat terdapat perbedaan apakah boleh atau tidak serta bagaimana periwayatan isra’iliyyat yang terdapat dalam kitab-kitab tafsir. Metode yang digunakan dalam penelitian ini adalah penelitian kualitatif studi pustaka (Library Researh). Adapun hasil penelitian menunjukan bahwa riwayat Isra’iliyyat tersebut sesuai dengan syari’at Islam, maka dapat diakui kebenarannya dan diizinkan untuk meriwayatkannya, sedangkan jika bertentangan dengan syari’at Islam maka didustakan dan tidak boleh diriwayatkan, namun diperbolehkan jika dijelaskan kedudukannya. Adapun jika belum ada keterangan sesuai atau tidaknya dengan Syari’at Islam maka tawaquf di dalamnya, yaitu tidak menghukumi benar atau tidaknya.Kata Kunci: Riwayat Israiliyyat, Tafsir al-Qur’an, Asal usul dan Hukumnya.

scholarly journals STUDI WAKTU DHUHA DALAM PRESPEKTIF FIQIH DAN HISAB ILMU FALAK

2020 ◽  
Vol 18 (2) ◽  
pp. 269-282
Author(s):  
Abd. Karim Faiz ◽  
Agus Muchsin ◽  
Wahidin
Keyword(s):  
Qualitative Research ◽  
Research Data ◽  
Research Library ◽  
Library Research ◽  
The People ◽  
The Law ◽  
Narrative Method ◽  
Special Time

Abstract : Dhuha time is a special time. Allah SWT swears in the name of Dhuha time and Dhuha time becomes one of the names of surah in Al-Qur'an. This privilege is also included by Allah SWT regarding the law of taklifi for the people of Prophet Muhammad SAW to perform prayers at dhuha time (Sunnah Dhuha Prayer). The scholars of madzhab differ in their opinion in determining the time and the law. Therefore, the writer will conduct a study (study) about the time of dhuha in two perspectives, namely the perspective of madzahib fiqh and hisab of Falak Science (astronomical). The formulations of the problems in this study are: first, how is the dhuha time in the perspective of madzahib fiqh? Second, how is the time of Duha in the perspective of falak? This research is a qualitative research (Library Research). The presentation of the data in this article uses the narrative method, which describes all the findings of the research data. As for the findings in the study of this paper, first there is a mistake of opinion in the initial determination of the time for Duha prayer. Second, According to astronomical hisab the time of Duha starts 18 minutes after the time of shuruq (sunrise).   Keywords : Dhuha, Fiqh, Hisab.

scholarly journals KONSEP PENGELOLAAN PAJAK YANG ADIL PERSPEKTIF IBNU KHALDUN

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Jirhanuddin Jirhanuddin
Keyword(s):  
Tax Burden ◽  
Literature Study ◽  
Business World ◽  
Ibn Khaldun ◽  
Modern Economy ◽  
Library Research ◽  
The People ◽  
Tax Management ◽  
Fiscal Pressure ◽  
Secondary Materials

This research is motivated by the thought of Ibn Khaldun regarding taxes. According to Ibn Khaldun if the tax is too low, can not lead a government function, if the tax is too high, fiscal pressure becomes too strong, so the profits traders and producers declined and there goes their incentive to work.The purpose of this study was to learn the concept of a fair tax management perspective by Ibn Khaldun in order to build a modern economy that is equitable and to find out how the tax relevance according to Ibn Khaldun with today's modern economy.This research method used literature study (library research) with descriptive qualitative type of research. The data source consisted of Muqaddimah books as primary sources, work or theory that discussed of primary materials as secondary materials and the complement of primary and secondary materials as tertiary material. The approach in this study was a historical approach and philosophic. Data collection method used existing literature and data analysis used content analysis and the hermeneutic.The study concluded that the concept of fair tax perspective of Ibn Khaldun is a tax that is withdrawn from the taxpayer in accordance with the ability of taxpayers to pay and the money tax collection should be used properly and fairly as possible, according to Ibn Khaldun when the tax burden lighter, people have an incentive to try to be more active. Therefore, the business world become more advanced, leading to greater satisfaction among the people, because of the low tax burden while tax revenue will also increase, judging from the overall resources of land tax, the thought of Ibn Khaldun regarding taxes is very relevant to be applied to the condition of modern economy of this time where the economic situation is less stable, the situation of society more complicated, the prices of expensive life needs make people’s life difficult.

Sign in / Sign up

Export Citation Format

Share Document