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TRILOGI EPISTIMOLOGI BAYANI, BURHANI & ‘IRFANI SEBAGAI METODE PENEMUAN HUKUM ISLAM Ubaidillah, M. Burhanuddin; Risqina, Nur Ayu
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Sharī'ah law is man-discovered law and not man-made law. Thus it can be understood that the law is not always ready to use, but must be sought and found. Legal discovery is something inherent in every legal system, including Islamic law. The need to find laws is closely related to changes and developments in human civilization. It is often found that there are many events that are not responded to clearly in the text. In mapping epistemological thought, Muhammad 'Abid al-Jabiri in his two works Takwin al-'Aql al-'Arabi and Bunyah al-Aql al-Arabi said that the culture and tradition of Islamic thought in the golden age contained three competing epistemological structures, namely : bayani (explanation), burhani (demonstration) and irfani (gnostic). Bayani epistemology is based on religious texts using a conservative approach. Burhani epistemology uses a philosophical approach, while Irfani epistemology uses a mystical approach. Therefore, this article focuses on the Bayani (Lughawi/Linguistic), Burhani (Ta'lili and Istishlahi) & 'Irfani (Tasawufi/Kasyfi) Epistemological Trilogy as a Method for Discovering Islamic Law with its respective structural patterns along with a brief explanation and example of its application.
‘Iddah Wanita Hamil yang Melakukan Aborsi: (Studi Komparasi Antara Mazhab Syafi’i dan Mazhab Maliki) Ubaidillah, M. Burhanuddin; Wahid Azza, Abdul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Abortion in general is the termination of pregnancy before the 16th week, where placentation has not been completed. Specifically, abortion is an act of separating the fetus from the mother before delivery is completed according to custom, whether it is done by the pregnant woman herself or by someone else, through methods such as striking the pregnant woman’s abdomen, shocking her, administering medicine, or other methods. Iddah is the waiting period for a woman, based on her menstrual or purity cycle, or after childbirth. The obligation of iddah applies only to women, with the purpose of determining the cleanliness of the womb, for worship (ta'abbud), or for mourning (tafajju') following the death of her husband. During this period, a woman (wife) is prohibited from marrying another man. Broadly speaking, both the Shafi’i and Maliki schools agree on the concept of iddah, referring to the verse in QS. al-Talaq, verse 4. However, the Shafi’i and Maliki schools differ in interpreting the meaning of al-Haml. In the context of the iddah of a woman pregnant due to abortion, the Shafi’i and Maliki schools also differ in opinion. This results in differing views regarding the legality of abortion. Therefore, this article focuses on a Comparative Study of the Iddah of Women Who Have Had an Abortion from the Perspective of the Maliki and Shafi’i Schools. The discussion begins with a General Overview of Iddah and Abortion, the Iddah of a Woman Pregnant Due to Abortion from the Perspective of the Shafi’i and Hanafi Schools, to identify the similarities and differences in opinion from the Perspectives of the Shafi’i and Maliki Schools.
Tradisi Primbon Perjodohan Aksara Jawa Honocoroko Dalam Prespektif Hukum Islam Ubaidillah, M. Burhanuddin; Rochmatiq Azza, Nala; Muarrifatul Munisyah, Binti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Primbon matchmaking constitutes a form of local wisdom that is still employed to determine the auspiciousness or inauspiciousness of marriage. In Javanese tradition, a life partner is regarded as part of the realm of mystery. It is believed that God conceals three matters: destiny (pesthi), one’s spouse (jodoh), and divine inspiration (wahyu). To attain insight into these matters, individuals traditionally undertake tirakat (spiritual discipline) through petung calculations based on the Javanese script Hanacaraka, which embodies philosophical meanings and mystical values derived from the sequence of letters and numerical symbolism. This tradition developed during the Majapahit era and was later reorganized during the period of Islamic rule in Java. This article focuses on the tradition of Primbon matchmaking based on the Javanese script Hanacaraka from the perspective of Islamic law. The discussion begins with an examination of the conception of the Javanese script Hanacaraka, followed by its philosophical significance in the journey of life and marital relations, the calculation patterns of Hanacaraka for prospective married couples, and the forms of spiritual adjustment employed when the Hanacaraka calculations are deemed incompatible. Through this analysis, the study seeks to reveal the essential nature of the Primbon matchmaking tradition of the Javanese script Hanacaraka within the framework of Islamic legal perspectives.