Aliran Pemikiran Ushul Fiqh Dan Pengaruhnya Terhadap Pendekatan Hukum Islam

Alwana, Hanif Aidhil

doi:10.31958/juris.v19i2.2375

Cited by 6 publications

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“…However, in practice and its development, its influence has become very large in fiqh thinking in general. From here, the scholars in this sect always maintain conformity between the principles of their laws and the laws received from their (before) priests (Alwana 2020). The third school of fiqh is the mixed school or also known as the Muta'akhirin school.…”

Section: The Islamism Thought: Fiqhism (Law)mentioning

confidence: 93%

“…By focusing on theoretical issues, the Mutakallimin school has a major weakness where their thinking is less able to touch on problems and the social reality of society. However, as a whole, the theoretical views of this school can assist the development of fiqh (Islamic) ideas in efforts to istinbath (legal exploration) in the future (Alwana 2020). The second school of fiqh is the school of fuqaha.…”

Section: The Islamism Thought: Fiqhism (Law)mentioning

confidence: 99%

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The Theologicalism and Fiqhism in Islam A Descriptive Study

Prayogi

2023

ittihad

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This article aims to describe how schools of thought in Islam, especially theology and jurisprudence, emerged in the long tradition of Islamic history. As a descriptive study, the flow of thought in Islam is actually a process of developing the thoughts of Muslims on the sources of Islamic law which are inevitably understood differently. This article was written using a qualitative descriptive approach using the literature study method. From the results of the discussion it is known that there are various schools of theological thought, including the Khawarij, Murji'ah, Syi'ah, Jabariyah, Qodariyah, Mu'tazilah, and Ahlussunah schools. Whereas fiqh thought includes the Mutakallimin, fuqaha, and Muta'akhirin schools. The emergence of various patterns in the schools of Islamic thought among Muslims is a logical consequence of the process of understanding texts in the sources of Islamic law, namely the Qur'an and Hadith.

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Section: The Islamism Thought: Fiqhism (Law)mentioning

confidence: 93%

Section: The Islamism Thought: Fiqhism (Law)mentioning

confidence: 99%

The Theologicalism and Fiqhism in Islam A Descriptive Study

Prayogi

2023

ittihad

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“…maqasid sharia serves as a basic science in determining the legal construction in question, 26 to ensure that the determination of the appropriate rules or principles of maqasid sharia law is commensurate with the strength of the legal construction itself. 27 In Islamic legal tradition, a child who leaves their parents in a nursing home is considered disobedient. However, the tradition of Islamic jurisprudence ushul fiqh, is primarily predictive, indicating how to address new cases that are not precisely covered by existing rules.…”

Section: Methodsmentioning

confidence: 99%

Examining the Ethical Considerations of Placing Elderly Parents in Nursing Homes: A Perspective on Maqasid Sharia and Social Welfare

Helim,

Syarifuddin,

Suradilaga

2024

jua. jurnal. penelitian. dan. studi. hukum. islam.

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The objective of this study is to examine the legal status of parental care in juvenile homes, which continues to be a source of contention within the community. Some view the act as an act of disobedience, while others view it from a different perspective. The theoretical framework employed to investigate this issue is the theory maqasid sharia. The rationale for this approach is that it is considered to be a relevant methodology, and no other research has been identified that employs this theory. This type of research is normative legal research, which involves the examination of primary legal materials pertinent to the research. The results of this study indicate that entrusting parents to juvenile homes does not necessarily imply a rupture in the relationship between children and parents. Instead, it allows for the maintenance of positive relations with parents while avoiding the negative consequences of neglecting them. Consequently, this study aligns with maqasid sharia including the protection of parents' lives (hifz al-nafs), enabling parents to focus on worship (hifz al-Din) safeguarding against negative thoughts between them (hifz al-�aql), pertains to the avoidance of children doing wrong if they gather in the same house (hifz al-Nasl) and encompasses the maintenance of good relations between parents and children as an asset (hifdz al-mal). The results of this study are undoubtedly contentious, particularly when viewed through the lens of divergent trends. Nevertheless, the findings of this study can serve as a reference point to prevent the immediate assumption of unfaithfulness in children who leave their parents in nursing homes.

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“…They claimed that after the emergence of great scholars such as Imam Abu Hanifah, Imam Malik, Imam Syafi'i, and Imam Ahmad, no Again, scholars emerged who had ijtihad abilities comparable to those of the four imams. In the era of the four high priests, there were two well-known schools, namely the fuqaha which was pioneered by Imam Abu Hanifah, and the mutakalimin school which was a combination of scholars such as Imam Malik, Imam Shafi'i, and Imam Ahmad (Alwana, 2020).…”

Section: Introductionmentioning

confidence: 99%

The Complexity and Diversity Methods of Legal Discovery in Islam: In the Perspective Ulama of Mazhab al-Arba'ah

Yazid,

Sugitanata

2023

KIJMS

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This article aims to detail the development of the method of finding sources of Islamic law concerning the perspectives of the scholars of the madhhab al-arba'ah, and explore its advantages and disadvantages based on the findings gathered. The research adopts a literature-based approach, a research method that relies on literature as the main source of information. Primary data sources are obtained from classical works, books, journals, and other related references related to the method of finding sources of Islamic law, especially in the perspective of the ulama mazhab al-arba'ah. Researchers use a qualitative approach with analytical descriptive methods to analyse primary data. The results show that the schools of Islamic law, such as Hanafi, Maliki, Shafi'i, and Hambali, show differences in the method of legal discovery and its implementation. Each school has distinctive characteristics based on its origin's sociocultural and political context. The thoughts of the leading figures in developing the science of usul fiqh, such as Abu Hanifah, Imam Malik, Imam Shafi'i, and Imam Ahmad, reflect the differences in ijtihad and law-making methods in these schools. Thus, this article provides an overview of the complexity and diversity of legal discovery methods in the Islamic context, illustrates the evolution of legal thought over time, and highlights the different approaches among the schools of Islamic law.

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Aliran Pemikiran Ushul Fiqh Dan Pengaruhnya Terhadap Pendekatan Hukum Islam

Cited by 6 publications

References 0 publications

The Theologicalism and Fiqhism in Islam A Descriptive Study

The Theologicalism and Fiqhism in Islam A Descriptive Study

Examining the Ethical Considerations of Placing Elderly Parents in Nursing Homes: A Perspective on Maqasid Sharia and Social Welfare

The Complexity and Diversity Methods of Legal Discovery in Islam: In the Perspective Ulama of Mazhab al-Arba'ah

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