scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Science And Technology ◽  
Analysis Approach ◽  
Main Task ◽  
Gender Analysis ◽  
Family Needs ◽  
Library Research ◽  
The Law

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>

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 Analisis Komparasi Pemikiran Ibnu Hazm dan Syafi’i terhadap Hukum Musik

2020 ◽  
Vol 1 (4) ◽  
pp. 627-649
Author(s):  
Muhammad Yusram ◽  
Hendra Wijaya ◽  
Azwar Iskandar ◽  
Moh. Fadli
Keyword(s):  
Comparative Analysis ◽  
Research Methods ◽  
Islamic Law ◽  
Analysis Approach ◽  
Library Research ◽  
The Law ◽  
Ibn Hazm

This research aims to examine the law of music in the review of Islamic law by comparing the opinion that forbidding the music especially from Shafi’i and opinion that allowing the music especially from Ibnu Ḥazm.  This research used library research methods with comparative analysis approach. The results found some important findings. First, Ibn Hazm argued that the law of all things that have no clear evidence of it is permissable, including music. There are many flaws in the hadiths and aṡar that are expressed by scholars who forbid music, including the weakness of the mustard and the use of the word in narration that raises doubts in it. Second, Shafi'i allows certain instruments under certain circumstances such as tabla instruments used during war, not for something that neglects such as singing. Shafi'i hates acts that neglect a person from the Qur'an such as listening to a song even though there is a remembrance of Allah. There is a contention or comment from the scholars to Ibn Ḥazm who doubts the validity of Bukhari as a reliable hadith. Third, the differences in scholars on this matter are specific to Ibnu Ḥazm and Shafi'i's views, not including disagreements that allow a person to choose an opinion that he believes based on the evidence he has heard from both. This is because there has been clear evidence of cancelling one of the views of both. In this case, Ibn Ḥazm's opinion of the hadith which he thought was weak turned out to be a valid hadith and agreed upon by most scholars.

scholarly journals Islam and Medicine: A Study on The Fatwa of Indonesian Ulama Council on Vaccines

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
JM. Muslimin ◽  
Rizky Fauzi Iskandar ◽  
Yulia Fatma
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Primary Source ◽  
Health Sciences ◽  
Analysis Techniques ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
The Future ◽  
The Law

The principles of Islamic jurisprudence can provide a convenient solution for practitioners of Islamic law in formulating the law of this rapidly expanding vaccine field for now and the future. This study aims to obtain the rationale of fiqhiyyah principles used by Indonesia Ulama Council (Majelis Ulama Indonesia, MUI) related to contemporary medical and health sciences, especially vaccines.. This research is a qualitative library research with primary source the fatwa of  Indonesian Ulama Council.. The data and document are reviewed through content analysis techniques using descriptive-analytical and interpretative methods. The approach in this study uses the Principles of Islamic Jurisprudence (usul al-fiqh) and Islamic legal maxims (qawa'id fiqhiyyah) approach. . The conclusion of the study is the permissibility and prohibition of using vaccines are based on the ingredient of the vaccines. If the ingredient is extracted from allowed materials (halal), the vaccines are accepted. On the contrary, if it is contaminated by illegal materials, the vaccines are rejected. However, in the urgent situations, all vaccines can be accepted based on the logics of emergency and need.

Methodological and Sociological Analysis About The Fatwa Of Majelis Tarjih Muhammadiyah Concerning To The Muslim Marriage With An Ahl Al-Kitab

2018 ◽  
Vol 16 (2) ◽  
pp. 161
Author(s):  
Chamim Tohari
Keyword(s):  
Content Analysis ◽  
Natural Phenomenon ◽  
Research Approach ◽  
Contemporary Society ◽  
Sociological Analysis ◽  
Library Research ◽  
Empiric Data ◽  
The Law ◽  
The Difference

Relation between the different of religion comunity in the multicultural nation as in Indonesia be a natural phenomenon that it cannot be avoided. As to one of the problem that had appeared in this case is about wedding problem betweena moslem with the difference religion womans. Majority of the Indonesia religious scholars as scholar in Majelis Tarjih Muhammadiyah had been prohibiting wedding like that with various reason. while a part little of the contemporary moslem scholars have been permiting the wedding. The points which will discussed in this research is how is opinion of Majelis Tarjih Muhammadiyah about the law of wedding with the woman from Ahl Al-Kitab and its ijtihad methodology. This research should analyze the argumentation of the Majelis Tarjih that make forbidding a muslem married with the difference religion womans. This research using library research approach dan content analysis. The results of this research are: (1) Majelis Tarjih of Muhammadiyah forbidding the wedding with sad al-dzari’ah as its argumentation; (2) Majelis Tarjih’s opinion has been irrelevant because two reason, the mistake of methodology and the change of the Indonesian contemporary society (based on an empiric data). Keywords: Ahlu Kitab; Majelis Tarjih; Different Religion Marriage

scholarly journals Transaksi Kewangan Secara ‘Online’ Menurut Undang-Undang Keterangan Islam di Malaysia: Isu dan Cabaran

2019 ◽  
pp. 113-127
Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Qualitative Content Analysis ◽  
Analysis Approach ◽  
Financial Transaction ◽  
The World ◽  
Law Of Evidence

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.

scholarly journals Dakwah Multimedia di Situs Jejaring Sosial Facebook

2019 ◽  
Vol 9 (2) ◽  
pp. 213-237
Author(s):  
Muhammad Anshar
Keyword(s):  
Information Technology ◽  
Content Analysis ◽  
Social Network ◽  
Qualitative Study ◽  
Islamic Law ◽  
Effective Communication ◽  
Analysis Approach ◽  
Internet Media

Abstract: This study discussed the themes of multimedia proselytising on Facebook used by Makassar's preachers as well as the usage of various forms of multimedia to convey messages to audiences (mad'u) through the Facebook social network. This research was a qualitative study using a content analysis approach. The results of the study stated that the themes conveyed by the preachers were aqidah (faith), sharia (Islamic law), akhlak (manner) morals, mu'amalah (dealings between people), and general messages, such as education, behaviour, and defending the country. While the forms of multimedia proselytising used by da'i (Islamic preachers) were the textual message, images, audio, and video. In addition, da'i needed to improve the quality of material and media da'wa by using information technology through internet media in order to get effective communication (da'wah).

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

scholarly journals Islamic Sharia and Non-Muslim Citizens in Kanunname During Sultan Abdul Hamid II of the Ottoman Empire

2019 ◽  
Vol 27 (1) ◽  
pp. 37-68
Author(s):  
Meirison Alizar ◽  
Qasim Muhammadi
Keyword(s):  
Content Analysis ◽  
Qualitative Methods ◽  
Ottoman Empire ◽  
Islamic Law ◽  
The State ◽  
Judicial System ◽  
Good Treatment ◽  
Analysis Approach ◽  
Leadership Crisis ◽  
Islamic Jurisprudence

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed judicial system in the empire, including the system for non-Muslims that allows them to conduct their own judiciary and provide absolute freedom of religious matters. Tanzimāt, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in aḥwāl al-shakhṣiyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qawāid fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given good treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their own affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals THE CONCEPT OF ISMAIL RADJI AL-FARUQI ISLAMIC EDUCATION AS A SOLUTION IN THE MILLENNIAL ERA

2021 ◽  
Vol 1 (1) ◽  
pp. 21-33
Author(s):  
Halimatus Sa'diyah
Keyword(s):  
Content Analysis ◽  
Science And Technology ◽  
Descriptive Analysis ◽  
Analysis Data ◽  
Islamic Education ◽  
Work Plan ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Research Show

Of several problems in the Millennial era, one of them is the westernization of science, including Islamic education. So it is necessary to find a solution by Islamizing science as conceptualized by Ismail Radji al-Faruqi. This research is a library research using qualitative descriptive analysis. Data was collected from various kinds of reading sources in the form of scientific articles and books and other supporting references, then ancarried content analysis was in-depthout to find solutions to educational problems in the millennial era. The results of the research show that the concept of Islamic education Ismail Radji al-Faruqi is a leading Muslim intellectual who has responded positively to the development of science and technology, but he still puts the principle of tauhid in his idea of ​​Islamization of science. Through a work plan arranged systematically with five objectives and twelve stages al-Faruqi was able to realize his program. It is important to review the concept of education to be re-realized in the current millennial era.

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