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Al-Nahyu Dalam Istinbath Hukum Ardiansyah, Bimas; Bakri, Muammar; Ridwan, Saleh
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15226587

Abstract

This article discusses al-Nahyu in the istinbath of law. The method used refers to the literature method, where the source of data is obtained from literature materials processed through content analysis. The essence or substance of the prohibition (al-Nahyu) is inseparable from the views of several proposed scholars. The first opinion says that al-Nahyu, the substance of which is tahrim, unless there is a qarinah that turns the meaning of tahrim to others. The second opinion is the opposite by saying that basically the substance of al-Nahyu is karaha and does not indicate tahrim unless there is a qarinah that turns the meaning of karaha to tahrim and the three combinations of tahrim and karaha and does not show any meaning to one of them unless there is a qarinah. The content of the meaning of al-Nahy associated with the law of prohibition consists of haram and makruh. The three levels of law are contained in the verses of al-Nahyu which are classified as taklifi law. And mukallaf is required to carry out based on their abilities. However, it does not mean that it does not bring difficulties as a regulation that binds human behavior.
The Conception of Kafa'ah in Building a Harmonious Family for Hafidz Al-Qur'an Maslahah Perspective (Case Study on Alumni of the Majelis Qurra' Wal Huffadz As'adiyah Jami' Mosque Sengkang) Miftahuddin, Miftahuddin; Bakri, Muammar; Santalia, Indo
International Journal of Islamic Studies Vol 3 No 2 (2023): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v3i2.43348

Abstract

This study aims to describe kafa'ah in building a harmonious family from a maslahah perspective by involving married alumni of the tahfidz al-Qur'an Majelis Qurra' Wal Huffadz As'adiyah Jami' Sengkang Mosque as research subjects through the stages of assessment; kafa'ah criteria, efforts to build a harmonious family and the conception of kafa'ah maslahah perspective in building a harmonious family. The research results show that the criteria for kafa'ah in building a harmonious family are dominated by; standard criteria on beauty and lineage, criteria on wealth, and social status. Both two criteria above will not be perfect without a review of the religious aspect, second, building a harmonious family from a maslahah perspective for hafidz al-Qur'an through the role of communication, appreciation, commitment, and spiritual aspects, financial stability, kafa'ah in religion and lineage, having the same goal, third, the conception of kafa'ah is shown; The Hufadz consistently say that the central concept of kafa'ah is seen from the religious and lineage aspects, marrying a partner who is equal in educational and social background, the context does not impose conditions such as the requirement to memorize the Qur'an thirty chapters.
Ibn Rushd's Epistemology of Ijtihad in the Completion of Fiqh Ikhtilaf (Study of the Book of Bidayah Al-Mujtahid, Chapter of Worship) Fauzi, Muhammad Rezky; Bakri, Muammar; Shuhufi, Muhammad
International Journal of Islamic Studies Vol 3 No 2 (2023): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v3i2.43356

Abstract

This study analyzes the nature and concept of Ibn Rushd's ijtihad in completing fiqh ikhtilaf among the ulama. He is known for his expertise in philosophy, logic, medical, and the fields of jurisprudence and jurisprudence (Islamic law). It can be proven in his monumental work "Bidayah al-Mujtahid wa Nihayah al-Muqtasid." This study conducted descriptive library research based on a normative theological approach. This study collected data from the primary source of the book "Bidayah al-Mujtahid wa Nihayah al-Muqtasid" and other relevant and related secondary sources and then analyzed it using content analysis techniques. The study results showed that: 1) Ibn Rushd has a rich experience and scientific background. He referred to many sources in his ijtihad that mostly came from the book al-Istiz\kar by Ibn Abd al-Bar, so those books influenced some of Ibn Rushd's ijtihad decisions. Thus, Ibn Rushd cannot be considered an absolute mujtahid. 2) Generally, he is still guided by the ijtihad methodology outlined critically by the Ulama. Meanwhile, there are some approaches to solve the problem of ikhtilaf, such as first, the al-jam'u approach (compromise); second, al-tarjih (selecting among the most substantial arguments); third, al-jam'u baina al-jam'i wa al -tarjih (a combination of the al-jam'u and al-tarjih approaches); fourth, tawaqquf (silence); fifth, al-takhyir (optional).
TELAAH ATAS PERATURAN DAERAH KABUPATEN GOWA NOMOR 09 TAHUN 2013 PERSPEKTIF HUKUM TATA NEGARA ISLAM Liswan, Liswan; Bakri, Muammar
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 1 No 1 (2020)
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The State of Indonesia is a state of law, based on the provisions of article I paragraph 3 of the 1945 Constitution of the Republic of Indonesia. Adhering to decentralization in the administration of government, as required by article 18 paragraph (1) of the Republic of Indonesia 1945 Constitution "Unitary State" The Republic of Indonesia is divided into provincial regions and the province is divided into districts and cities, each of which has provinces, districts and cities have local governments, which are regulated by law ", regarding compulsory education programs for school-age, type This research is descriptive qualitative field research. This research was conducted to gather a number of data obtained from field informants to find various facts or social phenomena, all analyze it, and attempt to theorize based on what was observed. The location of the study was conducted in Gowa Regency. This location was chosen because it has all the supporting aspects so that it can run well. The role of the local government in dealing with children who do not go to school in Gowa Regency. The local government is implementing a free education program, for the people of Gowa district.