scholarly journals Konsep Dasar Ijmak sebagai Sumber Hukum Islam

2020 ◽  
Vol 1 (1) ◽  
pp. 28-43
Author(s):  
Ahmad Syaripudin ◽  
M. Kasim
Keyword(s):  
Basic Concept ◽  
Islamic Law ◽  
Stock Exchanges ◽  
Human Organ ◽  
Library Research ◽  
The People ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
Definition Of

This study aimed to describe the basic concept of consensus as source of Islamic law. The description of basic concept of consensus consists of: 1) definition of consensus; 2) status of consensus as a fundament of Islamic knowledge and law; 3) types of consensus; 4) examples of consensus in terms of classical and contemporary Islamic jurisprudence; and 5) law of refutation against consensus. The research applied a qualitative-descriptive approach with library research methods combined with content analysis of a number of books and related articles. The results show that: 1) consensus is an agreement of scholars of mujtahid among the people of Prophet Muhammad saw. on an shari issue that is not obviously found in the Koran and hadis in the period after the Prophet which has specific pillars and conditions; 2) of consensus in its position as a source of knowledge and Islamic law is in the third row after the Koran and hadis; 3) types of consensus include ṣarīh consensus and sukūtī consensus, and some divides it into qat’i consensus and dzanni consensus; 4) some examples of consensus: a) forms of classical Islamic jurisprudence consensus: the agreement of the scholars regarding the prohibition of marrying grandmother and granddaughter, that grandson and son are in one position in terms of inheritance division, that inheritance portion for grandmother is one sixth if there is no mother, and consensus of the companions to codify the Koran owing to benefits that appeared during the caliphate of Abu Bakr al-Shiddiq ra. b) Forms of contemporary Islamic jurisprudence: validity of human organ transplants, brain death, animal and human cloning, joint-stock companies, stock exchanges, globalization, and compliance with international institutions, regulations and laws such as world education organizations and world trade organizations; and 5) law of those who refute consensus in absolute manner (totality) are considered disbelievers.

scholarly journals KONSEP MASLAHAT MENURUT IMAM MĀLIK

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Muhammad Ikhsan ◽  
Azwar Iskandar
Keyword(s):  
Islamic Law ◽  
Great Influence ◽  
The Other ◽  
Islamic World ◽  
Descriptive Research ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
Sociological Approaches

This study aims to analyze: imam Mālik's position in the Islamic jurisprudence map; the concept of maslahat in the perspective of Imam Mālik; and the influence of Imam Mālik's maslahat view in the Islamic world. This research is qualitative descriptive research, using library research and analyzed with historical and sociological approaches. The results of the study found that: first, Imam Mālik bin Anas was one of the imams of the four sects (mazhab) who exerted great influence in Muslims with his ability as a mujtahid and had an independent methodology in conducting the ijtihad; second, one of the most important foundations of Imam Mālik's ijtihad is maslahat. In this case, he actually had similarities with the other ultimate scholars of the four sects. Māliki sect, namely that maslahat -especially maslahat mursalah- is a stand-alone proposition; third, Imam Mālik's assertiveness in positioning maslahat as one of the independent evidences in his ijtihad methodology has stimulated the fiqh researchers to study further explore this so that imam Mālik's fiqh sect can survive to this day and successfully produce phenomenal scientific works that affirm the existence of maslahat as one of the footholds of Islamic law.

Tinjauan Hukum Pelaksanaan Salat Id di Beberapa Masjid yang Berdekatan Dalam Satu Wilayah

2019 ◽  
Vol 5 (1) ◽  
pp. 54-63
Author(s):  
Akhmad Hanafi Dain Yunta
Keyword(s):  
Research Methods ◽  
The Other ◽  
Library Research ◽  
The People ◽  
Qualitative Descriptive ◽  
Descriptive Approach

This study aimed to discuss the legal review relating to the place to perform Id prayer, those are: (1) the place to perform Idprayer; and (2) performing Id prayer at more than one places in one area or district, then it would be connected with the intent and purpose of the unity of the people. This research employed a qualitative-descriptive approach with library research methods. The result shows that: (1) Id prayer is one form of jama'iyyah worship whose purpose is same as the other jama'iyyah worship which is to train the Muslims to unite especially when there is a justified difference in order to maintain the ukhuwah and unity of the people; (2) The phenomenon of praying Id in many places that are close together is something that must be addressed properly, spesifically by the scholars and parties who have authority in regulating this matter. Most scholars view that the the preferred one is in mushalla (field/open place) that can accommodate many people in that area and Id prayer is performed at only one place, unless there is necessity that Id prayer be performed in different places in one area/district. This confirms that the unity of the people is very important and becomes the main goal in the performance of Id prayer.

PEMAHAMAN NILAI PENDIDIKAN MULTIKULTURAL DALAM UPAYA MEMBANGUN KEBERAGAMAAN INKLUSIF SANTRI PADA PESANTREN MODERN DATOK SULAIMAN

2018 ◽  
Vol 7 (09) ◽  
pp. 22-32
Author(s):  
Abdullah Sappe Ampin Maja
Keyword(s):  
Key Words ◽  
Learning Process ◽  
Classical System ◽  
Boarding School ◽  
Learning Processes ◽  
Learning Models ◽  
Library Research ◽  
The People ◽  
Qualitative Descriptive ◽  
Descriptive Approach

This research explain about how to apprehends multicultural value’s in Islamic Boarding School Datok Sulaiman Palopo. The main problem’s in this thesis are, how teacher’s apprehension about multicultural educations and what theirs effort to applicate this values in learning process of boarding area beyond formal and non formal studies. This research, writer used qualitative descriptive approach, namely Library Research and Field researches. Subject in this research were principal, teacher, student’s. collecting data was used are observation, interview, and documentation. The investigation of data used cross check technique and descriptive analysis.The result of this research, shows some of important conclusion’s, in the education field, Islamic boarding school Datok Sulaiman Palopo was difficult saw that this institution is modern. The system are combination between traditionally and modern. The people of Pesantren seem take foundation al-muhafadhotu ‘ala qadimi al-salih wa al-akhdu bi jadidi al-aslah (The maintain old something that is considered have good value’s and take a new something for kindness) as standing on. Therefore, bandongan and sorogan learning models as a traditionally system can be apply with classical system as modern characteristic. In thinking, in fact- principle, teacher in the learning processes formal and non formal have appreheanded and practice multicultural value’s in boarding area. Key Words : Multicultural Values, Inclusive, Students Religiousness

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals Salat Gaib untuk Korban Bencana Alam dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 311-329
Author(s):  
Saifullah bin Anshor ◽  
Rachmat Bin Badani Tempo ◽  
Asri
Keyword(s):  
Natural Disasters ◽  
Natural Disaster ◽  
Time Limit ◽  
Normative Approach ◽  
Library Research ◽  
Qualitative Descriptive ◽  
The Law ◽  
Definition Of ◽  
Distance Limit ◽  
Descriptive Method

This study aimed at elaborating and identifying the law and the virtues of funeral prayer, the definition of absentee funeral prayer, the propositions of the inquiry of absentee funeral prayer, scholars’ opinions on the law of absentee funeral prayer, the ruling of absentee funeral prayer, time and distance limit in absentee funeral prayer, and the law of absentee funeral prayer on the victims of natural disasters. This study employed qualitative-descriptive method with normative approach techniques and library research. The result of the study shows that: (1) The law of absentee funeral prayer is permissible on the corpse that is not yet prayed on; (2) The ruling of absentee funeral prayer is the same as the ruling of funeral prayer; (3) There is no time limit for performing absentee funeral prayer on condition that the person dies at the time person who wants to perform prayer has been able to perform prayer; (4) The distance limit of absentee funeral prayer is the distance in which it is difficult to be visited by people who want to perform prayer; (5) The natural disaster victim, if his or her body is not found and is not yet prayed on, then he/she can be prayed on in absentia.

scholarly journals Tradisi Reresik Sendang Masyarakat Wonosoco dalam Perspektif Ekoteologi Islam

FIKRAH ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 391
Author(s):  
Ahna Soraya
Keyword(s):  
Data Collection ◽  
Natural Environment ◽  
Field Research ◽  
Meeting Point ◽  
The People ◽  
Qualitative Descriptive ◽  
Descriptive Approach

<p class="07KatakunciKeywords">This study aims to determine the perspective of Islamic eco-theology in the Reresik Sendang tradition in Wonosoco Village. How the people of Wonosoco Village carry out, interpret, and how the Reresik Sendang tradition is seen from the perspective of Islamic eco-theology. This research uses a type of field research using a qualitative descriptive approach. Data collection techniques obtained through the results of observations, interviews, and documentation. The findings from this study indicate several important points: First, the tradition of Reresik Sendang is a form of effort by the people of Wonosoco Village in preserving the natural environment based on Islamic teachings. Secondly, in the implementation of the Reresik Sendang tradition, there are still rituals which are Hindu-Buddhist teachings. The community interpreted that the Sendang Reresik tradition is a form of gratitude to God Almighty, as well as a form of respect for the ancestors. Third, viewed from the perspective of Islamic eco-theology in the Reresik Sendang tradition in Wonosoco Village, there is a meeting point in it, which sees nature as a "sign" of God.</p>

scholarly journals Cerita Rakyat Ondorante Pembentuk Pola Perilaku dan Identitas Masyarakat

2017 ◽  
Vol 12 (3) ◽  
pp. 39
Author(s):  
Laura Andri Retno M
Keyword(s):  
Entertainment Education ◽  
Native Land ◽  
Transmission Process ◽  
The Past ◽  
Central Java ◽  
The People ◽  
Qualitative Descriptive ◽  
Descriptive Approach

Folklore has a position and a really important function for its proponent people. One of those folklores that exist in Pati, Central Java, is a folklore called Ondorante. In addition to completely describe the story, this research also intend to discover the transmission process and the funtions that appear in the Ondorante. Finally, through qualitative descriptive approach by interview, observation and bibliographical techniques, it appears that the folklore doesn’t only play its role as an entertainment, education, reflection or ritual, but also offers a consciousness to the people about the past, about who were their ancestors and the origin of how their native land formed.   

scholarly journals MANAJEMEN DAN PENDISTRIBUSIAN ZAKAT DALAM UPAYA PENINGKATAN KESEJAHTERAAN SOSIAL MASYARAKAT

2021 ◽  
Vol 1 (2) ◽  
pp. 34-50
Author(s):  
Nur Afni
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Economic Empowerment ◽  
Distribution Models ◽  
Library Research ◽  
The People ◽  
The Social ◽  
Scientific Papers ◽  
Islamic Economic ◽  
Management Functions

The management of zakat in relation to economic empowerment means that zakat as an asset of an Islamic economic institution, zakat is a source of strategic potential funds for efforts to build the welfare of the people. Because of that, the Koran gives a sign that the zakat collected is managed appropriately and effectively. The purpose of this research is to describe how the management and distribution of zakat to improve the social welfare of society. The type of research used in this research is library research or library research conducted by collecting data or scientific papers aimed at the research object. The results of the discussion in the article are; 1) in the process of managing zakat, it can be realized seriously, of course, this needs to be supported by good management, as was done in the early days of Islam. Managing zakat effectively and efficiently needs to be managed properly. Therefore, the management of zakat provides the application of modern management functions. 2) Zakat must be distributed to mustahik under Islamic law. 3) the distribution of zakat is carried out based on a priority scale, with due observance of the principles of equity, justice, and territoriality, and 4) Zakat is distributed through two distribution models directly or consumptive zakat, and indirect distribution, namely productive zakat.             

scholarly journals Sistem Syarikah Abdan dalam Fikih Islam dan Contoh Penerapannya pada Era Kontemporer

2021 ◽  
Vol 2 (1) ◽  
pp. 130-147
Author(s):  
Rahmat ◽  
Fitriah Ningsih
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Research Approach ◽  
Descriptive Research ◽  
Research Techniques ◽  
Library Research ◽  
The People ◽  
Qualitative Descriptive ◽  
Mutual Agreement ◽  
Application Forms

Syarikah al-abdan is a form of muamalah that can be applied today in improving the welfare of the people. However, in practice today, it seems that there are problems among Muslims in seeing and sorting out the practice of syarikah al-abdan which is following the Shari'a. For this reason, the purpose of this study is to describe the syarikah al-abdan scheme and its current contemporary application forms. The research method used is a qualitative descriptive research approach with library research techniques and content analysis. The results of this study indicate that syarikah al-abdan is a form of business cooperation between two or more people preceded by mutual agreement in determining the results of the profits and/or wages between them. However, in its implementation, it is necessary to pay attention to the pillars and requirements of the syarikah al-abdan, and to consider the views of the majority of madhhab scholars and the Indonesian Ulama Council (MUI). In practice, this study describes the form of syarikah al-abdan in the profession of fisherman and tailor.

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

Sign in / Sign up

Export Citation Format

Share Document