Komparasi Pendapat Sayyid Sabiq Tentang Poligami Dan Undang-Undang  Nomor 1 Tahun 1974 Prinsip Maqashid Syariah

Haidar, Alwi; Arief, Yasin

doi:10.37876/adhki.v3i2.76

Cited by 2 publications

(1 citation statement)

References 3 publications

(3 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In the context of gradation, knowledge which is usually relative can be absolute, and conversely religion which is usually absolute can be relative, depending on the position of the gradation level of both. At the intellectual world level, science has an absolute nature because its truth is one with God's truth, likewise at the sensory world level, religion is relative, because religion is understood to be limited to what can be reached by human reason, which is often called fiqh (Alwi Haidar & Yasin Arief, 2022). The unity between science and religion is in the world of intellect which is absolute truth.…”

Section: Integrative Benefit Theorymentioning

confidence: 99%

Construction of Prosperity in Future Islamic Legal Thinking in a Progressive Legal Perspective

Rozihan

2024

RGSA

View full text Add to dashboard Cite

Purpose: Benefits is one of the theories of Islamic law which is used as a method of istiṣlâḥi ijtihad in resolving contemporary problems. Ijtihad is carried out collectively (ijtihad jama'i) from various multi-scientific disciplines. The product of ijtihad is not something final because being tolerant and open is one of the principles and characteristics of ijtihad, not viewing the results of ijtihad as the most correct and ready to be corrected by a stronger opinion, so that progressive law also gets space to become an optic for one of the theories of Islamic law, namely benefit which is part of istiṣlâḥi ijtihad. Method: In Islamic law there are two theories law that is normativity and adaptability. Normativity Islamic law, the Koran and As-Sunnah became source final law, temporary adaptability accommodated in ijtihad as method. Adaptability theory this is very dynamic. Results and Conclusion: In Fatwa products found dynamics construction benefit thinking Islamic law is good manhaj nor product The law is both not rigid. Dynamics are also visible in collective ijtihad Muslim scholars against problems laws that are not indicated by two sources Islamic law, namely the Koran and As-Sunnah, the method used with use based reasoning on benefit after qiyas. Problem thinking Islamic law aside use theory benefit or istiṣlâḥ or maṣlaḥah Murlah also uses theory iṣtiḥsan and saddu al- ẓarî'ah. Implications of the Research: Three theory above construction benefit Islamic law became dynamic capable solve contemporary problems Because also designated “illat” (causa logical) as one manhaj that law That always process and because that's also the law changed in accordance with situation and condition. Originality/Value: Construction thinking Islamic law to front in perspective law progressive is values justice, expediency, and adopting IT, as well certainty law. Problem anthropocentric is right man For Paying close attention to the empirical world is highly appreciated where to meet the benefit is there God's law. Meeting between construction benefit thinking Islamic law in perspective law progressive, both have the same purpose that is create benefit. With so, no There is dichotomy between both of them. As theory new science law, that is theory benefit integrative.

show abstract

Section: Integrative Benefit Theorymentioning

confidence: 99%

Construction of Prosperity in Future Islamic Legal Thinking in a Progressive Legal Perspective

Rozihan

2024

RGSA

View full text Add to dashboard Cite

show abstract

Forbidden Hajj Fatwa: the Islamic Legal Thought of KH. Hasyim Asy'ari and its Relevance to the Present Time

Rozihan

2024

RGSA

View full text Add to dashboard Cite

Purpose: Maslaha, or benefit, is integral to Islamic law, encapsulating the objectives of Shariah. Imam Asy-Syatibi's categorization of necessities (dharuriyyat) guides this analysis, focusing on aspects crucial for societal well-being. Concept of Maslaha in the Fatwa of KH. Hasyim Asy’ari Regarding the Temporary Ban on Hajj: The fatwa addresses necessities (dharuriyyat), including safeguarding religion, life, intellect, progeny, and wealth. By temporarily halting Hajj to preserve Indonesia's independence, Asy’ari's fatwa aligns with these essential needs. Method: This research combines historical and legal approaches. Historical research involves heuristic, verification, interpretation, and historiography, while legal analysis delves into the fatwa's benefits using qualitative methods. Results and Conclusion: Biography of KH. Hasyim Asy’ari reveals his upbringing, education, and contributions to Islamic scholarship and Indonesian nationalism. His fatwa, grounded in defending Islam and Indonesia, prohibited Hajj temporarily to thwart colonial threats. Data on Hajj pilgrims from 1946 to 1949 corroborate the impact of the fatwa. KH. Hasyim Asy'ari's fatwa on the temporary Hajj ban serves as a testament to Indonesia's struggle for independence. Legalistically, while it temporarily suspends individual obligation, it significantly contributes to the nation's benefit, safeguarding sovereignty for future generations. Implications of the Research: The study delves into the historical and legal significance of the fatwa issued by KH. Hasyim Asy'ari in 1945, which temporarily banned the Hajj pilgrimage in Indonesia. This fatwa, later embodied in the Minister of Religion Decree No. 04 of 1947, holds considerable implications for understanding the legal aspects and benefits associated with it. Originality/Value: The research offers a unique blend of historical and legal analysis, shedding light on the multifaceted nature of the fatwa and its implications for Indonesian society during a crucial period of defending independence. By applying the concept of maslaha (benefit) and examining the fatwa through the lens of essential needs (dharuriyyat), the study provides insights into how religious decrees can serve broader societal interests while addressing individual obligations. This holistic approach adds depth to the understanding of Islamic jurisprudence and its application in contemporary contexts, particularly in times of national crisis.

show abstract

Komparasi Pendapat Sayyid Sabiq Tentang Poligami Dan Undang-Undang Nomor 1 Tahun 1974 Prinsip Maqashid Syariah

Cited by 2 publications

References 3 publications

Construction of Prosperity in Future Islamic Legal Thinking in a Progressive Legal Perspective

Construction of Prosperity in Future Islamic Legal Thinking in a Progressive Legal Perspective

Forbidden Hajj Fatwa: the Islamic Legal Thought of KH. Hasyim Asy'ari and its Relevance to the Present Time

Contact Info

Product

Resources

About