MENGQADHA SHALAT DALAM PERSPEKTIF FIQH ISLAM

Al-MAJAALIS ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 45-67
Author(s):  
Kholid Saifulloh
Keyword(s):  
The Law ◽  
Important Position ◽  
Supporting Pillar

Prayer is the second pillar of Islam after two sentences of shahada. Prayer has a very important position for Islam, so the Prophet sallallaahu'alaihiWasallam likened it like a pillar to a building, so that a building will not be able to stand firmly without a supporting pillar. Likewise a person's Islam cannot be established without establishing prayer. However, sometimes intentionally or not, a Muslim leaves the prayer until out of time. By remembering the importance of prayer, can the missed prayer be replaced (qada’)? In this paper, the author presents a discussion of three things related to qada’ prayer: the arguments about qada’ prayer, the law of qada’ prayer and various types of prayers that can be replaced (qada’), as well as the requirements that must be fulfilled in qada’ prayer.

scholarly journals Transparency in corporate governance: Extent of directors duty to declare interest in company’s transactions

2015 ◽  
Vol 11 (1) ◽  
pp. 137-148 ◽  
Author(s):  
Anthony O. Nwafor
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Common Law ◽  
Men And Women ◽  
Legal Personality ◽  
The Common ◽  
The Law ◽  
Important Position

The realization that the directors occupy important position in corporate governance, and as business men and women, cannot be prevented from having dealings with the company, demand a close scrutiny of corporate transactions in which they are directly or indirectly involved or have an interest to ensure that such interest is not placed above their duty to the company. One of the ways in which the law strives to achieve this balance is by imposing a duty on the director to disclose to the board any interest he has in company’s transactions. This requirement which was previously governed by the common law and the company’s articles, is presently increasingly finding a place in companies statutes in different jurisdictions. The paper examines, through a comparative analysis, the provisions on the duty of the director to disclose interest in company’s transactions in South Africa and United Kingdom with the aim of discovering the extent to which the statute in both jurisdictions upholds the common law prescriptions. The paper argues that the need for transparency in corporate governance and the preservation of the distinct legal personality of the company demand that the duty to disclose interest should be upheld even in those cases of companies run by a sole director.

scholarly journals KONTRIBUSI IBN ‘ĀSYŪR DALAM KAJIAN MAQĀSID AL-SYARĪ’AH

2016 ◽  
Vol 15 (2) ◽  
pp. 285
Author(s):  
Safriadi Safriadi
Keyword(s):  
Future Development ◽  
Human Relationship ◽  
Legal Entity ◽  
Unique Character ◽  
The Future ◽  
The Law ◽  
The Times ◽  
Important Position ◽  
Epistemological Framework

This study aims to understand the contribution of Ibn 'Ashur in the development of maqāsid al-syarī‘ah. This study uses normative method. The results showed that the contribution of Ibn 'Ashur on maqāsid al-syarī‘ah is divided into three categories, namely: the establishment of the legal entity of maqāsid; the formulation of maqāsid urgency implementation; and the division of the maqāsid al-shari'a into maqāsid al-'ammah, and maqāsid al-kha̅shshah. The first is about the legality of the law of maqāsid, that Allah, as the owner of sharī'ah, is impossible to bestow sharī'ah upon humankind without being accompanied by a noble purpose and wisdom. It is implicitly described in the verses of the holy Qur'an as mentioned in Sūrah al-Dukhān, verses: 38-39, Sūrah al-Mu’minūn, verse: 115, Sūrah al-Ḥadīd verse: 25, Sūrah ‘Alī ‘Imrān verse: 19. On maqāṣid al-'ammah, Ibn 'Asyūr confirms the important position of universality in sharī’a complexity. According to him, universality is one of the unique character of Islamic Sharī'ah, which is adjustable to the the future development of the times. The concept of maqāṣid al-'āmmah is jalb al-maṣa̅liḥ, wa dar’ al-mafa̅sid and taysīr wa raf' al-ḥarj. In this regard, he formulated four epistemological framework on al-Maqasid epistemology, namely: nature, tolerance (al-ṣama̅ḥah), equation (al-musāwah), freedom (al-Hurriyyah). On Maqasid al-kha̅ṣṣah, Ibn 'Ashur implemented the principle of Maqasid al-'amma. This is stipulated in various aspects, for example in worship, human relationship (muamalat), and others.

scholarly journals PENETAPAN `ILLAT AL-HUKM MELALUI AL-MANÂTH DALAM QIYÂS

2015 ◽  
Vol 10 (1) ◽  
pp. 24-40
Author(s):  
Fahruddin Ali Sabri
Keyword(s):  
The Other ◽  
Legal Decision ◽  
Other Hand ◽  
The Future ◽  
The Law ◽  
Important Position

One method of legal istinbâth agreed upon by the ushul fiqh scholars is al-qiyâs. In al-qiyâs was appeared some serious problems dealing with the search for al-'illat. Al-'illat as one of the obligation of al-qiyâs occupies the most important position, so that the method of al-qiyâs can be applied in the future correctly, and will give legal decision correctly. In searching for al-'illat, the ushul fiqh scholars use logic of linguistic typically in the search for truth, the other hand they also must be able to impulse, imagination, and creativity in decide on a case, and they are no longer so glued rigidly to the al-qath'iyyah al-dalâlah. One way to look for al-'illat is al-manâth, which divided into three parts, namely tanqîh al-manâth, tahqîq al-manâth, and takhrîj al-manâth. Searching for the truth of qiyâs method stresses on logical translation that sometimes mix with intuition, imagination and creativity. Therefore, qiyâs can go down to the law problems related to the people’s attitude deeper. While al-manath is one of the methods to look for al-illat where the ulama ushul fiqh draw their intuition, imagination, and creations to solve some problems, and they are not too stiff to qath’î theoremsCopyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.587 

Sources and the Enforcement of International Law

2018 ◽  
Author(s):  
Antonios Tzanakopoulos ◽  
Eleni Methymaki
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Domestic Courts ◽  
The Law ◽  
Important Position ◽  
The Ideal

This chapter examines the role of domestic courts in the ideal continuum commencing from sources and ultimately ending in the enforcement of the law in a specific case. It asks whether domestic court decisions are a cause (source) or an effect (enforcement) of international law. The chapter argues that the enforcement of international law is reflexive, rather than reactive. There is thus no real continuum, with domestic courts occupying this or that position on it. Rather, domestic court decisions are both part of the cause and of the effect of international law. The enforcement of a rule of law in a specific case constitutes, in accordance with the sources doctrine, yet another brick in the wall of that same ever-changing rule. And given the increasingly important position that domestic courts are assuming in the enforcement of international law, they become ever more important agents of the development of that law.

scholarly journals Rasa Sebagai Prinsip Pertama Ontologi Harmoni dalam Pathet Pergelaran Wayang

2018 ◽  
Vol 3 (2) ◽  
pp. 120-139
Author(s):  
Reno Wikandaru ◽  
L. Lasiyo ◽  
Suminto A. Sayuti
Keyword(s):  
Human Life ◽  
Musical Instruments ◽  
Material Object ◽  
First Principle ◽  
Spiritual Dimension ◽  
Historical Continuity ◽  
The Law ◽  
Internal Coherence ◽  
Important Position ◽  
The Aesthetic

This study aims to find and critically analyze the first principle of harmony in the wayang performance’s concept of pathet. The wayang performance’s concept of pathet as a material object which is analyzed from the perspective of the ontology as a formal object. The methodical elements of the study used include interpretation, induction, and deduction, internal coherence, holistic, historical continuity, idealization, comparison, heuristics, inclusive or analogous language, and description. The results of the study indicate that pathet is a concept that has an important position in the performance of wayang. Philosophically, pathet has many function and meaning. First, pathet is a representation of the structure of wayang performances. Second, pathet is the reference to the sound space in musical instruments. Third, pathet is the atmosphere builder or atmosphere of wayang performances. Fourth, pathet is a guide to the mastermind in building the aesthetic of wayang performance. Pathet, in addition, to have a function also consist of philosophical meaning. First, pathet as an aesthetic manifestation in puppet shows. Second, pathet is a symbol of the stages in human life. Third, pathet as a representation of the cosmic cycle. The investigation of pathet from the perspective of ontology yields the following conclusions. First, the concept of pathet is a representation of the concept of harmony in wayang performance. “Rasa” is the first principle of harmony in the wayang performance’s concept of pathet. This “rasa” has a spiritual dimension so that the ontology of harmony, in this case, is spiritualism. The dynamics of harmony moves with the law of “empan papan”, towards the ultimate goal of reality, namely the perfection of life. Ontology of harmony in the pathet of wayang performances shows monistic-spiritualistic thinking.

scholarly journals أثر قول الصحابي في الفقه الإسلامي

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
سيتي هناء
Keyword(s):  
Social Life ◽  
Islamic Law ◽  
Legal Problems ◽  
The Law ◽  
Important Position

The influence of Qawl al-Shahâbî in Islamic Law.Islamic law is dynamic because it always responds to legal problems that concern social life. This dynamic has been supported by the limitless sources of Islamic law. There are two types of Islamic sources: undebatable sources (muttafaq ‘alayh) such as Alquran, hadîts, ijmâ’and qiyas, and debatable sources (mukhtalaf fîh) such as maslahah mursalah, istihsân, ‘urf, qawl al-shahâbî, istishhâband sadd al-dzarâ’i’. Qawl al-Shahâbîhas an important position in the formation of Islamic law because the fuqahâmuch refer to them when wanting to issue fatwâ. The disagreements of ulama over evidence do not die on rejection, but intensify on the use of the law as the main source.DOI: 10.15408/ajis.v14i2.1290

scholarly journals HADIS SEBAGAI SUMBER HUKUM ISLAM (Telaah Terhadap Penetapan Kesahihan Hadis Sebagai Sumber Hukum Menurut Syafi’iy)

2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Nasruddin Yusuf
Keyword(s):  
Text Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Islamic Studies ◽  
Sacred Texts ◽  
Library Research ◽  
The Law ◽  
Important Position ◽  
Existing Form

Hadiths are not sacred texts as the Koran. However, the hadith is always the second reference after the Koran and occupies an important position in Islamic studies. Considering the writing of the hadith which was carried out hundreds of years after the Prophet Muhammad died, many opinions were crossed over the validity of a hadith. so that this raises some groups to doubt and deny the truth of the hadith as a source of law. This paper will focus on discussing the study of the determination of the validity of hadith as a source of law according to Imam Syafii. This paper uses the library research method with the study of text analysis, therefore the author refers directly to the books written by Imam Shafi'i and makes comparisons with books written by the Muhadits. The findings in this research that about the debate about the hadith tradition as a source of law in Islam, al-Syäfi'iy seems to hold on the opinion that the provisions contained in the hadith are in the laws of the Qur'an; With katalam, the hadith of Nabı can only add to the law in the Qur'an. He said that the existing form of command, both the Qur'an and the hadith, is based on the same source, even though it is through a different path.Keywords:Hadith, Al-Quran, Imam Shafi'i, Muhadits, Islamic Law. Hadits bukanlah teks suci sebagaimana Al-Quran.Namun, hadits selalu menjadi rujukan kedua setelah Al-Quran dan menempati posisi penting dalam kajian keislaman.Mengingat penulisan hadits yang dilakukan ratusan tahun setelah nabi Muhammad SAW wafat, maka banyak terjadi silang pendapat terhadap keabsahan sebuah hadits.sehingga hal tersebut memunculkan sebagian kelompok meragukan dan mengingkari akan kebenaran hadits sebagai sumber hukum. Tulisan ini akan fokus membahas tentang telaah terhadap penetapan kesahihan hadits sebagai sumber hukum menurut Imam Syafii. Tulisan ini menggunakan metode library research dengan studi analisa teks, karena itu penulis merujuk langsung kitab-kitab yang ditulis oleh Imam Syafi`I dan melakukan perbandingan dengan kitab yang ditulis oleh para muhadits.Temuan dalam riset ini bahwa tentang perdebatan soal keshahihan hadits sebagai sumber hukum dalam Islam, alSyäfi'iy nampak beıpegang pada pendapat bahwa ketentuan-ketentuan yang ada dalam hadis berada dalam hukum-hukum Alquran; Dengan katalam, hadis Nabı dapat saja menambah hukum yang ada dalam Alquran.Ia mengatakan bahwa wujud perintah yang ada, baik dan alquran maupun hadis, adalah berpangkal dari sumber yang sama, meskipun melalui jalur yang berbeda.Kata Kunci:Hadits, Al-Quran, Imam Syafi`i, Muhadits, Hukum Islam

scholarly journals PEMAKZULAN PRESIDEN DALAM PERSEPSI KONSTITUSI (STUDI KASUS PRESIDEN ABDURRAHMAN WAHID)

2017 ◽  
Vol 16 (1) ◽  
pp. 47
Author(s):  
Arie Sulistyoko
Keyword(s):  
Vice President ◽  
The State ◽  
Legal Basis ◽  
Policy Action ◽  
Head Of State ◽  
The Law ◽  
The Republic ◽  
Important Position

The affirmation of state idea that based upon the law proves that the law is put in an important position in the life of the state as the embodiment of the sovereignty of law. Therefore, every attitude, policy, action or behavior of tools and citizens in the life of the nation obey the applicable rules or laws. It is applied equally to every citizens, no exception to the President as head of state and government. Before the changes to the 1945 Constitution, the President and/or Vice-President can be dismissed for reasons that are political, not judicial. It is happened to President Abdurrahman Wahid that was dismissed from office by the Assembly by not using the constitution of the Republic of Indonesia of 1945 as the legal basis but using TAP MPR number III year 1978.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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