Akhmad Hanafi Dain Yunta
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Journal : AL-BASHIRAH: Journal of Islamic Studies

منهج فقهاء الشافعية في عرض الفروق الفقهية Akhmad Hanafi Dain Yunta
البصيرة: مجلة الدراسات الإسلامية Vol 1 No 1 (2020): البصيرة: مجلة الدراسات الإسلامية
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bashirah.v1i1.237

Abstract

Several scholars of fiqh of the Shafi'i School in presenting fiqh issues used the method of deciphering aspects of the differences between legal issues that had a similar picture but had differences in terms of the law, which was later known as al-furuq al-fiqhiyyah. Since the beginning of the writing of al-furuq al-fiqhiyyah, there had been some literature that discussed it specifically or which specializes it in a sub-discussion. However, the researcher found in this literature that there are significant differences in the method of presentation among the authors. Because of that, it is considered important to formulate a separate method of approach as a general standard to recognize the character of scientific works on al-furuq al-fiqhiyyah. In this study, the researcher used the inductive istinbat method of approach, by inducing possible and representative works of literature related to al-furuq al-fiqhiyyah in the Shafi'i School. This study found that the Fuqaha of Shafi'i school used four ways in presenting the discussion of al-furuq al-fiqhiyyah, namely: Describing the discussion of al-furuq al-fiqhiyyah in one separate literature, describing it in the literature related to al-farq (differences), and al-istisna' (exception), describing it in the literature that specifically discusses a particular problem or issues, and describes it in the literature that simply inserted a discussion of al-furuq al-fiqhiyyah as a complement.
الفروق الفقهية في كتب فروع المذهب الشافعي Akhmad Hanafi Dain Yunta; Awal Rifai Wahab
البصيرة: مجلة الدراسات الإسلامية Vol 2 No 1 (2021): البصيرة: مجلة الدراسات الإسلامية
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bashirah.v2i1.332

Abstract

Some fuqaha of syafiiyah in describing problems that have the same form but different laws which later became known as furuq fiqhiyyah, fuqaha of syafiiyah has been very prominent in describing furuq fiqhiyyah in the books of furu' mazhab. After reading some of the problems of furuq fiqhiyyah in some of these furu' books, the author finds that there is a difference between one writer and another in describing this furuq fiqhiyyah. Therefore, we need an initial article that explains the general guidelines about furuq fiqhiyyah. The author in this study uses the inductive deductive method by doing a general reading of several books of furu schools of syafiyyah, then concludes the method of describing their furuq fiqhiyyah. The conclusion that the authors get is that fuqaha of syafiiyah in describing furuq fiqhiyyah in the furu' mazhab book uses several categories: first: based on the mention of lafadz furuq used, second: based on the mention of he different sides of the two problems, third: based on the cause and background and the intention of furuq fiqhiyyah mentioned, fourth: based on the basis and origin of this furuq fiqhiyyah, and fifth: based on whether the two problems mentioned in this problem originate from one chapter of fiqh or come from different chapters