scholarly journals SIKAP DAN ETIKA DALAM MENGHADAPI IKHTILAF PENDAPAT MAZHAB FIQIH

Al-Qadha ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 12-20
Author(s):  
Muhammad Zuhdi dan Faisal
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
Differences Of Opinion ◽  
The Law

Dissent is a common thing, it even becomes sunnatullah or human nature. In thedevelopment of Islamic law, Ikhtilaf (differences of opinion) regarding the establishment of lawhas occurred among the Companions of the Prophet. When the Apostle was still alive, butdifferences of opinion could soon be reconciled by returning to the Messenger of Allah. Amongfriends after the Prophet's death often arise differences of opinion in establishing the law oncertain matters. Dissent in the tradition of Islamic scholars is not new. Countless works havebeen written by special Islamic scholars to study, compare, and then discuss different views withtheir respective arguments. The attitude of the Companions of the Prophet when facingdifferences among them, the attitude of the Imams mazhab of the Muslim, the wise and wiseattitude in addressing the disputes between them.

scholarly journals SIKAP DAN ETIKA DALAM MENGHADAPI IKHTILAF PENDAPAT MAZHAB FIQIH

Al-Qadha ◽  
10.32505/v6i2 ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 12-20
Author(s):  
Muhammad Zuhdi dan Faisal
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
Differences Of Opinion ◽  
The Law

Dissent is a common thing, it even becomes sunnatullah or human nature. In thedevelopment of Islamic law, Ikhtilaf (differences of opinion) regarding the establishment of lawhas occurred among the Companions of the Prophet. When the Apostle was still alive, butdifferences of opinion could soon be reconciled by returning to the Messenger of Allah. Amongfriends after the Prophet's death often arise differences of opinion in establishing the law oncertain matters. Dissent in the tradition of Islamic scholars is not new. Countless works havebeen written by special Islamic scholars to study, compare, and then discuss different views withtheir respective arguments. The attitude of the Companions of the Prophet when facingdifferences among them, the attitude of the Imams mazhab of the Muslim, the wise and wiseattitude in addressing the disputes between them.

scholarly journals PERUBAHAN SOSIAL DAN PEMBARUAN HUKUM ISLAM PERSPEKTIF SADD AL-DZARI’AH

2015 ◽  
Vol 15 (2) ◽  
pp. 101
Author(s):  
Gibtiah Gibtiah ◽  
Yusida Fitriati
Keyword(s):  
Social Change ◽  
Human Nature ◽  
Social Life ◽  
Islamic Law ◽  
Method Of Determination ◽  
Constant Change ◽  
The Law

<p>Abstract: Social life is one of human nature that has innate.<br />One characteristic of social life is the constant change in the<br />community. There is no society ever stop at a certain point of all<br />time, but constantly changing and moving forward. Changes<br />that occur sooner or later be able to change the joints staple of<br />people's lives. This paper explores social change and renewal of<br />Islamic law by using the method of determination of the law<br />“sadd al dzari’ah”.</p><p><br />ملخص: الحیاة الاجتماعیة ھي واحدة من طبیعة الإنسان الذي لدیھ الفطریة . واحدة<br />من سمات الحیاة الاجتماعیة ھي التغییر المستمر في المجتمع. لا یوجد أي مجتمع<br />تتوقف أبدا عند نقطة معینة في كل العصور، ولكن تتغیر باستمرار، و تتحرك إلى الأمام<br />. التغیرات التي تحدث عاجلا أو آجلا تكون قادرة على تغییر الأساسیة مفاصل حیاة<br />الناس. وتبحث ھذه الورقة التغییر الاجتماعي والتجدید في الشریعة الإسلامیة باستخدام<br />طریقة تحدید القانون.</p><p>Kata kunci : metode penggalian hukum, sadd al-dzari’ah</p>

scholarly journals PEMIKIRAN FIQH DAN TASAWWUF SYEKH MUHAMMAD NAWAWI BANTEN DAN PENGARUHNYA TERHADAP MODERASI BERAGAMA DAN PERDAMAIAN

2020 ◽  
Vol 14 (2) ◽  
pp. 381-398
Author(s):  
Ahmad Muzakki
Keyword(s):  
Islamic Law ◽  
National Character ◽  
Mutual Respect ◽  
Differences Of Opinion ◽  
The Law

Syekh Muhammad Nawawi Banten is a figure of the Indonesian Ulama who has a major contribution in Islamic law and the formation of national character. His works cover various disciplines. Syekh Nawawi is one of the scholars who are able to combine science of jurisprudence and tasawwuf. In his Sufi fiqh thinking there are a number of moderation values that affect peace. This study uses literature and conceptual studies. The values of moderation in fiqh thinking include always trying to minimize differences of opinion, tolerant in the midst of differences of opinion madzhab, be careful (ihtiyath) in setting the law, and not fanatic madzhab. While among moderate thoughts in Sufism is the teaching about the combination of Shari'a, Tariqot and the nature, between tawakkal and endeavor in seeking income. The values of moderation in the thought of fiqh and tasawwuf Shaykh Nawawi Banten are very influential in shaping the nation's character and creating peace. This can be seen from the moderate thinking of his students who have extraordinary influence in Indonesia. The thought of fiqh and Sufism Shaykh Nawawi can foster tolerance, mutual respect amid differences, enthusiasm for work and discipline in all activities.

scholarly journals The Technique of Determining Ijtihad and Its Application In Life: Analysis Of Istihsan, Maslahah Mursalah, ʻUrf, and Syarʻu Man Qablana

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
AHMAD MAULIDIZEN ◽  
Ashilah Raihanah
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Human Actions ◽  
Best Friend ◽  
Differences Of Opinion ◽  
Life Analysis ◽  
The Law ◽  
The Times

Islam as a comprehensive religion has regulated the Shari'a for the conduct of all human actions which the Shari'a is universal and its use is not limited by the times. There are four main sources in the determination of law in Islam, namely Alquran, Sunnah, Ijma and Qiyas. Apart from the source of the law, there are several methods used by ulul Usul Fiqh to determine the law on a new problem. The issue in this research is whether the methods of ijtihad such as Istihsan, Maslahah Mursalah, Urf, and Syar'u man qablana can be accepted and allowed by the Ulema Ushul fiqh in determining a law? What is the success in Islamic law? And how is it applied in human life and activity? The method used in this paper is the library study method. The results of the research obtained that Istihsan, Maslahah Mursalah, ‘Urf, and Syar’u man qablana are part of Islamic Shari'a. Despite the differences of opinion among the scholars regarding the ability to use the ijtihad methods. There are those who directly allow, some also give certain conditions in the process of determining the law. Described the arguments that strengthen the opinions of the scholars in issuing their fatwa. There are also examples of the implementation and application of the ijtihad method both at the time of the Prophet's best friend and in the present in accordance with the true Islamic Shari'a

الاحتجاج بالاستصحاب وأثره في اختلاف الفقهاء

Mahakim ◽  
2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdul Wahab Ahmad Khalil
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Civil Law ◽  
Differences Of Opinion ◽  
Personal Status ◽  
The Law ◽  
The Difference

Islam is a complete and comprehensive religion. The comprehension of Islam does not lie in the completeness of the verses of the Qur’an and the words of Hadith, because in fact the verses of the Qur’an and the words of Hadith are limited, meanwhile the human problems continue to grow. So, the role of ijtihad as a means of reform of Islamic law is vital. One of the methods of ijtihad is Istishâb. This study describes the meaning of Istishâb, scholars’ opinion about the value of its strength as a source of law, as well as the influence of scholars’ opinion about the value of his resistance to differences of opinion in Islamic law. This study concludes that the majority of scholars of the Maliki, Shafii, and Hambali sect assert that Istishâb is a hujjah to defend (daf’i) and establish something (itsbat). The late ulamas of the Hanafi sect assert that Istishâb is a hujjah in defense of something, while the majority of the Hanafi scholars and some scholars of the Shafi’i sect state that Istishâb is not a hujjah at all. The difference of the ulama’s view of the use of Istishâb in ijtihad has led to differences in their views on Islamic law, as in the case of the law of the disappeared’s inheritance. In addition, the existence of Istishâb becomes a solution to find out contemporary Islamic law, Especially In the field of criminal law, personal status and civil law. Keywords: Istishâb, argumentative, Islamic Law

scholarly journals REINTERPRETASI MAṢLAḤAH SEBAGAI METODE ISTINBĀṬ HUKUM ISLAM: Studi Pemikiran Hukum Islam Abū Isḥāq Ibrāhīm al-Shāṭibī

Al-Ahkam ◽  
2015 ◽  
Vol 1 (25) ◽  
pp. 43
Author(s):  
Amin Farih
Keyword(s):  
Islamic Law ◽  
Essential Element ◽  
Differences Of Opinion ◽  
The Law

This article aims to analyze al-Shāṭibī’s thought about maṣlaḥah and its contribution to the renewal of Islamic law. Maṣlaḥah is a method of istinbāṭ which aims to deprive human difficulties in carrying out their obligations, especially in the field of muamalah. General principles of maṣlaḥah that was conceived in al-Qur'an and hadis rise in the doctrine of maqāṣid al-sharī’ah. The main purpose is to enforce maṣlaḥah as an essential element for the all purposes of Islamic law. The doctrine of maqāṣid al-sharī’ah asserted that the purpose of the law is one, namely maṣlaḥah or goodness and prosperity of mankind. According to al-Shāṭibī, maṣlaḥah which formulated the law of Islam must consider the aspects of ḍarūriyyah, ḥājiyyah and taḥsīniyyah as a structure consisting of three tiers one of another mutually related. The significance of al-Shāṭibī’s thinking about maṣlaḥah mursalah is that this method is a kind of unification and as an alternative over differences of opinion among the scholars on the validity of maṣlaḥah mursalah as a method of Islamic law.

scholarly journals URGENSI SUNAH DALAM PENETAPAN HUKUM ISLAM

At-Tuhfah ◽  
2018 ◽  
Vol 7 (1) ◽  
pp. 37-49
Author(s):  
RIRIN FAUZIYAH
Keyword(s):  
Islamic Law ◽  
Differences Of Opinion ◽  
The Law ◽  
Legal Consequences ◽  
Legal Force

“Sunnah as one of the sources of Islamic law that occupies the second position after al-Qur'an, it is still a matter of disputed. The dispute stems from differences of opinion about the legal force contained in the sunnah, which includes binding and has the power to emulate or not. These differences of opinion have different legal consequences. The position and urgency of sunnah in the formation of Islamic law also did not escape from the dispute. Some scholars believe that the sunnah as the second source of law is capable of independently establishing the law, but some others assume that the sunnah is not a source of law-settlers but rather the explanation and detailing, so that anything born from sunnah has actually been covered in al-Qur'an 'an. Sunnah serves to explain and strengthen the laws that already exist in al-Qur'an. Sunnah also provides the details and interpretations of the verses of al-Qur'an that are still mujmal or global, providing limits on the things that have not been limited, giving specificity (takhsis) on the verses that are general, and provide explanations of things which is still complicated in al-Qur'an. Sunnah also serves as the forming of a new law that does not exist in al-Qur'an.”

scholarly journals Implikasi Perbedaan Qira'at dalam Istinbath Hukum

Farabi ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 163-179
Author(s):  
Basri Basri ◽  
Fikri Hamdani
Keyword(s):  
Analytical Method ◽  
Islamic Law ◽  
Major Influence ◽  
Differences Of Opinion ◽  
The Status ◽  
The Law ◽  
The Difference

This article discusses the differences in qiraat in terms of mut}laq and muqayyad which lead to differences in istinbat} Islamic law. Although qiraat is not the only basis for determining the law, it cannot be denied that the difference in qiraat has a major influence on the legal products which produced by the scholars. Using the descriptive-analytical method, this study discusses 3 verses in the Qur'an that have different qiraat which readings contain muqayyad on verses that are mut}laq, that, QS. al-Ba> qarah: 183-184 and QS. al-Ma>idah: 89 relating to the implementation of fasting, as well as QS. al-Ma> idah: 38 relating to the punishment of theft. From the study of the various qiraats found in the three verses, it can be understood that the existence of various qiraats that contain an insertion in the lafaz of a verse will cause the previous verse to have the status mut}laq to change to muqayyad. This difference in reading has led to the emergence of differences of opinion among scholars in establishing a law. Although some scholars say that the qiraat which is different from the Uthmani rasm is only an interpretation of a verse, it is even considered a syaz| qiraat.

scholarly journals Euthanasia dalam Pandangan Moral, Kode Etik Kedokteran dan Perspektif Hukum Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 182
Author(s):  
Zilfania Rahmawati ◽  
Ashif Az Zafi
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Human Life ◽  
Scientific Study ◽  
Literature Research ◽  
Moral Perspective ◽  
Differences Of Opinion ◽  
Qualitative Descriptive ◽  
Points Of View ◽  
The Law

<p><em>The practice of euthanasia in medicine has become a topic that raises various discussions when viewed from different points of view.</em><em> </em><em>The existence of differences of opinion that arise from the practice of euthanasia is normal because the practice is related to human life.</em><em> </em><em>Based on this, this scientific study aims to determine euthanasia from a moral perspective, a medical code of ethics and in the perspective of Islamic law.</em><em> </em><em>The process of collecting data from scientific studies was carried out by means of literature research using qualitative descriptive methods in presenting and analyzing the data obtained.</em><em> </em><em>The results of the study show how euthanasia practices are in accordance with the medical code of ethics, moral views and how the law is in Islam.</em></p><p><em><br /></em></p><p>Praktik Euthanasia dalam kedokteran menjadi hal yang menimbulkan berbagai perbincangan bila dilihat dari sudut pandang yang berbeda. Adanya perbedaan pendapat yang muncul dari praktik euthanasia merupakan suatu kewajaran karena praktik tersebut berhubungan dengan nyawa manusia. Berdasarkan hal tersebut studi ilmiah ini bertujuan untuk mengetahui euthanasia dalam pandangan moral, kode etik kedokteran dan dalam perspektif hukum Islam. Proses pengumpulan data studi ilmiah ini dilakukan dengan cara penelitian literatur menggunakan metode deskriptif kualitatif dalam penyajian dan anlisis data yang diperoleh. Hasil dari penelitian menunjukkan bagaimana praktik euthanasia yang sesuai kode etik kedokteran, pandangan moral dan bagaimana hukumnya dalam agama Islam.</p>

scholarly journals Dynamics of Law Enforcement of Aceh's Islamic Jinayat in the Indonesian Democratic System

2021 ◽  
Vol 5 (1) ◽  
pp. 72
Author(s):  
Rabiatul Adawiah ◽  
Ihsan Kamaludin
Keyword(s):  
Islamic Law ◽  
Criminal Code ◽  
Differences Of Opinion ◽  
Democratic System ◽  
The Law ◽  
Special Rules ◽  
The Government ◽  
The Right ◽  
The Impact

<p>In the Pancasila democratic system run by the Indonesian state, the government guarantees the right of every citizen and belief group to manifest their teachings, but there are some areas that have the authority to enforce special policies such as Aceh which has ratified regional regulations based on Islamic law and the State supports the application of the rules. the. This study focuses on analyzing the dynamics of the application of the Criminal Code <em>(Qanun Jinayat)</em> in the Aceh region. The study aim is to find out in-depth of the implementation of <em>Qanun Jinayat</em> method and the impact of a social system in there. The method used in this study is descriptive qualitative research expected to be able to reveal qualitative information with description-analysis using the strategy used in this research is a case study. This research indicates that the implementation of <em>Qanun Jinayat </em>carried out in Aceh often results in differences of opinion because some parties consider that the application of the law overlaps with human rights which is usually implemented in democratic countries such as Indonesia, moreover the law also applies to non-Muslim residents. who live in Aceh. However, there are also several parties who continue to support the implementation of the Qanun Jinayat to continue to be enforced because they have followed special rules ratified by the Government of Indonesia.</p>

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