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Analisis Sejarah Perkembangan Mazhab Fiqh dan Pengaruhnya terhadap Hukum Islam Kontemporer Husnu Shidqiah; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain Husain; Ulummudin Ulummudin; Ais Surasa
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i2.1243

Abstract

Islamic fiqh is an evolving legal system influenced by the various fiqh madhhabs that have emerged since the early days of Islam. This diversity has contributed significantly to the application of Islamic law in the contemporary world. This study aims to analyze the historical development of the main fiqh madhhabs (Hanafi, Maliki, Shafi'i, and Hanbali) and their influence on the practice of Islamic law in the context of legal pluralism and fiqh reform in Muslim countries. This research uses a historical and analytical approach by examining classical fiqh literature and the development of modern Islamic law. It analyzes fiqh texts, legal decisions, and Islamic legal policies implemented in various Muslim countries. The results show that fiqh madhhabs played an important role in the formation of diverse Islamic legal systems. The influence of these madhhabs can be seen in the application of sharia law in various Muslim countries, despite differences in its recognition and implementation. In addition, the fiqh madhhabs also contribute to the socio-political dynamics in Muslim societies. This study asserts that despite the challenges in adapting fiqh to the modern era, a flexible and inclusive approach to fiqh can be a solution in dealing with global legal issues. Fiqh reforms that take into account the social context and needs of Muslim societies can enhance the relevance and justice of Islamic law in the contemporary era.
Dinamika Ijtihad dalam Islam: Pertemuan Madrasah Ahlur Ra’yi dan Ahli Hadis Rifka Siti Khuzaimah; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain Husain; Ulummudin Ulummudin; Ais Surasa
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 1 (2025): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i1.814

Abstract

During the time of Rasulullah SAW, Muslims did not need certain rules in understanding sharia law. After the spread of Futuhat Islamiyah, Arab Muslims interacted a lot with other nations who had different languages. On the other hand, the need for ijtihad is very urgent, because there are many new problems that have never occurred before and require clarity in fiqh law. So two large madrasahs emerged that reflected their ijtihad method - the Ahlir-ra'yi Madrasah used more qiyas (analogies) to generate heated debates, thus making the ulama feel the need to create written regulations that were recorded as common law in uniting these two madrasas. The hadith about being more careful in giving fatwas and qiyas gave rise to heated debate, making the ulama feel the need to make written rules which were recorded as joint laws in uniting the two madrasas. Imam Syafi'i was the first person to write a book about ushul fiqh-Imam Syafii was a great mufti of the Muslim community who was also the founder of the Syafi'i school, developing his school in Baghdad. Ushul fiqh is the postulates of fiqh which are global in nature - The object of the discussion is to study the postulates which are still of a general nature seen from their general legal provisions and the ultimate aim of studying them is to protect the Islamic religion from deviations and misuse of the postulates of the Shari'a, so that misleading carelessness does not occur.
Minimum Wages and Welfare of Private Lecturers in Indonesia: Perspectives of Islamic Law and Positive Law Ahyani, Hisam; Muharir, Muharir; Khairuddin, Khairuddin; Rahman, Encep Taufik; Wibowo, Dwi Edi; Ulummudin, Ulummudin; Abduloh, Agus Yosep; Kuncoro, Irfan; Lousada, Sérgio António Neves
Abdurrauf Law and Sharia Vol. 2 No. 1 (2025): Abdurrauf Law and Sharia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/arlash.v2i1.191

Abstract

This study examines the welfare issues of private university lecturers in Indonesia who receive substandard wages, by analyzing them through the perspectives of Islamic law and positive law. The objective of this paper is to explore the alignment between the principles of wage justice in Islamic law and the wage regulations within the national legal framework, especially concerning employment in the private higher education sector. The methodology employed is normative juridical with a qualitative analysis of legal documents and Islamic legal literature. The findings indicate that private lecturers are employed under contractual agreements subject to labor regulations, which often fail to provide adequate welfare guarantees. On the other hand, Islamic law emphasizes justice, fairness, and certainty in wage distribution as part of workers' rights protection. The main novelty of this study lies in identifying the gap between the normative ideals of Islamic law and the practical enforcement of positive law in the higher education context. The impact of this research is to propose an integrative legal approach that incorporates Islamic ethical values into wage regulation policies, aiming to improve the socio-economic well-being of academic professionals in Indonesia. Abstrak: Penelitian ini mengkaji permasalahan kesejahteraan dosen perguruan tinggi swasta (PTS) di Indonesia yang menerima upah di bawah standar, dengan meninjau dari perspektif hukum Islam dan hukum positif. Tujuan dari studi ini adalah untuk menggali kesesuaian prinsip-prinsip keadilan upah dalam hukum Islam dengan pengaturan pengupahan dalam sistem hukum nasional, khususnya terhadap tenaga kerja di sektor pendidikan tinggi swasta. Metodologi yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif dengan analisis kualitatif terhadap dokumen hukum dan literatur keislaman. Hasil kajian menunjukkan bahwa dosen PTS memiliki status hubungan kerja berdasarkan perjanjian kerja yang tunduk pada aturan ketenagakerjaan, yang dalam praktiknya belum memberikan jaminan kesejahteraan yang memadai. Sementara itu, hukum Islam menekankan keadilan, kelayakan, dan kepastian dalam pemberian upah sebagai bagian dari perlindungan hak pekerja. Temuan utama dari penelitian ini menunjukkan adanya kesenjangan antara idealisme hukum Islam dan implementasi hukum positif di sektor pendidikan tinggi. Studi ini memberikan kontribusi dengan menawarkan pendekatan integratif antara hukum Islam dan hukum ketenagakerjaan untuk mendorong formulasi kebijakan pengupahan yang lebih adil dan berorientasi pada kesejahteraan akademisi di Indonesia. Kata kunci: hukum Islam; hukum ketenagakerjaan; kesejahteraan dosen; perguruan tinggi swasta; upah minimum  
Perubahan Beragama Dan Budaya Akibat Virus Covid-19 Ditinjau Dari Pendekatan Antropologi Rayana, Jagat; Mustopa; Ulummudin
Cakrawala: Journal of Religious Studies and Global Society Vol. 1 No. 2 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/cakrawala.v1i2.75

Abstract

In 2020, Covid-19 occurred which caused panic, fear, anxiety and various other excessive expressions in society. This is due to differences in background, religion, education, personality and individual perceptions of society which of course are also different. The purpose of this study examines the concept of an anthropological approach, how the Covid-19 pandemic is when studied from an anthropological perspective and what kind of new culture is formed during this pandemic. This research is included in qualitative research with a descriptive approach method to explain facts, data and research objects. This research was conducted at the Muhajirin Mosque, Perum Tamanjaya, Tasikmalaya City and residents as data reinforcement. Meanwhile, research data was collected through three techniques, namely observation, interviews and documentation. The results of the study show that the evolution of religion and culture that occurred due to the Covid-19 pandemic in Tasikmalaya City included restrictions on religion such as congregational prayers, religious studies and grand tablighs that have been tightened and even stopped. Likewise, the culture of going home, silaturahmi, shaking hands and other cultures have also been stopped and replaced virtually. The impact of the changes that have occurred has given rise to various expressions among the community and anthropology as an approach that studies humans and all their behavior tries to understand the various differences that have occurred due to the Covid-19 pandemic.
Hadith on the Prohibition of Women Traveling without a Mahram (Application of Hermeneutic Theory Jorge J. E. Gracia) Ulummudin, Ulummudin
Journal of Hadith Studies Vol. 1 No. 1 (2018): Journal of Hadith Studies
Publisher : ASILHA (Asosiasi Ilmu Hadis Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32506/johs.v1i1.14

Abstract

This paper examines the hadith prohibiting women from traveling without a ma?ram through the lens of Jorge J. E. Gracia’s hermeneutic theory. A textual analysis utilizing three interpretive functions yields the following results: the historical function of the hadith is linked to the contexts of Hajj and war; the function of meaning suggests that women could travel without a ma?ram, provided there is a shift in context; and the function of implication indicates that women could assume a more active societal role beyond the domestic sphere. Additionally, non-textual readings highlight that the core idea of this hadith is protection, aimed at ensuring safety and security. In this context, the concept of ma?ram evolves to represent a security figure capable of providing assistance.
Teknik Studi Kritis Atas Kitab-Kitab Hadits Rusli, Yusyadi; Tajul Arifin; Ulummudin, Ulummudin
Cakrawala: Journal of Religious Studies and Global Society Vol. 2 No. 1 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/cakrawala.v2i1.69

Abstract

This research examines critical study techniques of hadith collections, focusing on the methods of sanad and matan criticism to assess the authenticity of hadith. Hadith criticism is an academic effort to evaluate the quality of the transmission and the textual content of hadith, ensuring its originality as a source of Islamic teachings after the Qur'an. The approach includes sanad criticism to assess the chain of transmission and the credibility of the narrators, and matan criticism, which evaluates the consistency of the hadith text with the Qur'an and other Islamic principles. This study also analyzes the criticism methods used in major hadith collections like Sahih Bukhari and Sahih Muslim, and explores textual and contextual approaches in understanding hadith. Contemporary challenges in hadith criticism, such as hadith fabrication and the relevance of hadith application in modern contexts, are discussed along with potential solutions. Through appropriate hadith criticism, the teachings of Prophet Muhammad can be authentically understood and relevantly applied in the lives of Muslims. A holistic approach positions hadith criticism as a crucial tool for preserving the purity of Islamic teachings and providing relevant guidance for Muslims across generations.
Controversy of Women's Leadership in Islam: Muhammadiyah's Perspective Maulana, Arman; Ulummudin, Ulummudin
Contemporary Society and Politics Journal Vol. 2 No. 2 (2023): Contemporary Society and Politics Journal (CSPJ)
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/cspj.v2i2.3279

Abstract

Abstract This article examines the leadership of women in Islam from the perspective of Muhammadiyah. The theme has always generated both support and opposition among the Muslim community. The central point of debate regarding women's leadership in Islam revolves around a hadith narrated by Abu Bakrah, stating that a community will not prosper if led by a woman. The result of this research is that Muhammadiyah has decided that women are allowed to become leaders, starting from school principals, directors, or even presidents. They believe there is no explicit text that clearly prohibits women from being leaders. Regarding the hadith, Muhammadiyah interprets it contextually based on historical analysis. At that time, women held a very weak position in society, casting doubts on their ability to lead a community institution. Additionally, they did not receive adequate education, resulting in limited experience and knowledge. Therefore, in the present era, if a woman has the capacity to be a leader, it is considered permissible. Keywords: Women’s Leadership, Muhammadiyah, Fatwa