scholarly journals Metode Kitab Syarah Dalam Menetapkan Makna Hadis Berpandukan Dalil: Suatu Penelitian Awal

2021 ◽  
Vol 17 (2) ◽  
pp. 58-73
Author(s):  
Ahmad Izzuddin Abu Bakar
Keyword(s):  
Islamic Law ◽  
Types Of Knowledge ◽  
Library Method

Syarah book or commentaries was embraced not only in the exposition of individual hadith of the Prophets SAW and hadith collections, but also in other sub disciplines such as the science of hadith transmission. The debate is so subtle and deep that it covers various types of knowledge. Therefore, there are difficulties in reviewing and filtering opinions on the meaning of hadith based on evidence (dalil). This article aims to identify and highlight the methods used by these books in establishing a meaning or description that coincides with the correct evidence and argumentations (pendalilan) or vice versa. The methodology used is the Library Method where relevant documents are collected and their contents are analyzed. A review of the practice of syarah books was conducted on selected sections of the following books; Fatḥ al-Bārī Šarḥ Ṣaḥīḥ al-Buḫārī, Iršād al-Sārī Šarḥ Ṣaḥīḥ al-Buḫārī, al-Mufhim Limā Uškila Min Talḫīs Saḥīḥ Muslim son of al-Tauḍīḥ Lišarḥ al-Jāmi ’al-Saḥīḥ. At least five (5) methods have been identified. First: List the Opinions and its Evidence (dalil), second: Discuss the Argumentations Used, third: State a View as Accurate (Rājiḥ), fourth: State the View is Not Based on Evidence or Argumentations That Are Not Strong and fifth: Indicate the Existence of Objection to a View. The findings of this study will ease the extraction of the meaning of the hadith that are aligned with the evidence of the syara’ (Islamic law).

scholarly journals Inheritance, Sheikh Abdullah Hadid (May Allah Have Mercy on Him) and his Role in Building Society

2020 ◽  
Author(s):  
Moahmmed Hamzah Abbas Alisawi
Keyword(s):  
Islamic Law ◽  
Community Building ◽  
Building Society ◽  
The Third ◽  
Types Of Knowledge ◽  
Personal Experiences ◽  
Islamic Jurisprudence ◽  
Holy Quran ◽  
The Holy Quran ◽  
The City

The Islamic Ummah introduces many scholars to various kinds and types of knowledge, especially in Islamic jurisprudence. Consistent with my desire to facilitate this, and revive the memory of those scolars who served the city of Fallujah and the dissemination of the teachings of Islamic law in general and Islamic jurisprudence in particular, this article focuses on one of the prominent figures of this city, Sheikh Abdullah Hadid. This article discusses his life, his biography, and his impact and great virtue on students of the Alsifiyah school, where he taught the Holy Quran before joining Alasfia. He was the first agent of the Court of Fallujah in matters of inheritance, allowing his reputation to spread among people in Anbar and nearby provinces. This research is grounded on sa series of interviews with his former students a range of other sources and references. In addition, I draw on my personal experiences of his teaching (when he taught me the method of Altzbir and spelling of the Holy Quran), and the years I accompanied him before his illness and death nces. The introduction focuses on the importance of the topic and the reasons for choosing it. The first segment considers his name, lineage, birth, and death. The second segment explores his method of teaching the the Holy Quran and inheritance. The third segment focuses on his religious and reformist role in society. The conclusion summarises my findings with regards to his impact on the construction of communities. Keywords: Sheikh, community building, scientist, Abdullah Hadid, my assumption.

scholarly journals Kritik Ibn al-Jauzi Terhadap Hadis dalam Kitab Ihya Ulum ad-Din dan Pembelaan Abu al-Fadl al-Iraqi

2021 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
A’an Mujibur Rohman
Keyword(s):  
Islamic Law ◽  
Great Book ◽  
Types Of Knowledge ◽  
The World ◽  
Ways Of Thinking ◽  
Attitude Behavior ◽  
Epistemological Framework

In the world of Islamic intellectuals, Al-Ghazali is one of the Sufistic figures who understands Islam very well. Arguments and ways of thinking about philosophy, monotheism and others were able to become a bridge for Muslims in that era. But apart from the intellectual prowess of al-Ghazali can not be separated from the criticism of his thinking. Some scholars at that time tried to criticize al-Ghazali's thoughts, especially about the hadith arguments that he used in Islamic law. Some scholars' considered that al-Ghazali used the hadith maudlu'. This is as seen in one of his monumental works, Ihya 'Ulum ad-Din, both for the purpose of at-targhib (providing motivation) and at-tarhib (scaring), and/or fadhail al-a'mal (the virtue of attitude/ behavior). It is interesting to briefly examine the epistemological framework of hadith in al-Ghazali's thought, which according to some scholars' has a tasahhul (loose) attitude in terms of hadith transmission, thus drawing criticism from some scholars and even orientalists, and the basis held by al-Ghazali in narrating and using hadiths that are af and even willing' quality, especially those related to haram and halal. However, this monumental book by al-Ghazali is considered a very great book in its era until now because it includes various types of knowledge.

scholarly journals Zakat Harta dari Hasil Undian Berhadiah dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 390-415
Author(s):  
Muhammad Taufan Djafri ◽  
Askar Patahuddin ◽  
Khaerul Aqbar ◽  
Chaeril Syarifuddin
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Research Results ◽  
Land Vehicles ◽  
Gold Silver ◽  
The Gift ◽  
The Law ◽  
Library Method

This study aims to determine the law and position of the lottery results from prizes, and to know the zakat property laws from lottery results. This study uses a qualitative library method with deductive data analysis. The research results found are as follows; First, the lottery law in Islamic law may be based on the proposition which explains that the Messenger of Allah. had done the lottery, so did the argument that explained that the Prophet Yunus had been thrown from a ship after the draw, and in general there was no argument that explained the forbidden draw. The position of the property from the lottery results is halal. Secondly, the law of issuing zakat assets from the lottery results is mandatory if the assets obtained from the lottery results do not overlap with Islamic law, for example in the category of goods that are not required to pay zakat, such as houses, land, vehicles and remain in accordance with the reckoning of the lottery results. If the gift has reached the Nisab, the zakat must apply in accordance with the provisions of gold and silver and also haul (held for a year), because this asset has become his property as a gift, which when he receives it becomes his property and is intended to be traded, this provision applies to lottery proceeds in the form of gold, silver and cash, while the rest is returned to the intention of the recipient of the prize, if he does not want to sell but only to be used, then the law that applies to the lottery results is not obligatory zakat.

scholarly journals Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)

2018 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Elkhairati Elkhairati
Keyword(s):  
Islamic Law ◽  
Marriage Problem ◽  
The Family ◽  
Minimum Age ◽  
Age Limit ◽  
The Law ◽  
Age Of Marriage ◽  
Library Method ◽  
Law Making

This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

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