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All Journal DE JURE Al-Syakhsiyyah : Journal of Law and Family Studies Ghaly: Journal of Islamic Economic Law
Tanzilulloh, M. Ilham
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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AKAR MODERASI BERAGAMA DALAM KITAB AL-RISALAH IMAM SYAFI’I munim, abdul; Tanzilulloh, M. Ilham
Al-Syakhsiyyah: Journal of Law & Family Studies Vol. 3 No. 1 (2021)
Publisher : Fakultas Syariah IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v3i1.8683

Abstract

This research aims to analyze how the scholarly challenges in composing Ar-Risalah, to understand Ar-Risalah's criticism of extremism in diversity at that time, and to identify offers from Ar-Risalah that can be identified as moderation. This study uses qualitative research methods, with a philosophical approach. The primary data source is the book Ar-Risālah by Muhammad bin Idris ash-Shafi'i, also known as Imam Shafi'i, edited by Ahmad Muhammad Syakir. The findings of this research indicate that at the time of the legal discourse tension between the opposing factions, usul (fundamentals) had not yet emerged as a discipline because its epistemological framework was unclear. Al-Risalah begins with an exposition on the epistemological aspects of Islamic law. The legal methodological concept offered by ash-Shafi'i aims to control excessive rationality that demands change and excessive textualism that demands certainty toward a moderate position, as written in the book Ar-Risalah.
Virality, Justice and the Principle of “Blocking the Means to Evil” Tanzilulloh, M. Ilham; Agmar, Khoirun Nisa Aprilian
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.28847

Abstract

Social media virality can expedite the resolution of legal cases, but it is not a suitable foundation for attaining genuine justice in Indonesian law enforcement because it can lead to inequality and human rights violations, particularly when viewed through the lens of Islamic law, which places a strong emphasis on preventing injustice. This research explains how the virality of social media affects the existence of a just legal construction from the perspective of Islamic law. Combining juridical and empirical approaches, this research draws on primary data from viral cases in several journal articles, analysed using the normative-qualitative method. Legal materials used to analyse data include primary legal materials, such as laws and regulations, secondary legal materials in textbooks containing legal theories and reasoning, and journals. The research results are presented in descriptive-analytical form. The results of this study reveal that although viral legal cases receive faster attention, the phenomenon of "no viral no justice" cannot ensure the achievement of true justice. This concept contributes to unequal case handling and risks violating individual rights. By examining the connection between social media virality and justice in Indonesian law enforcement, this research integrates Islamic law principles, particularly the concept of “blocking the means of evil” (saddu al-dzari'ah), emphasising the prevention of damage resulting from injustice. This research offers an approach to understanding the impact of social media virality on the legal process, highlighting how social media can influence public perception and, in turn, legal decisions.
Muslim Community Hampers Business On Non-Muslim Holiday Celebrations From the Perspective of Maqsid Syariah Anja Santoso, Refons Cikafadupuri; Pagala, Azhar; Tanzilulloh, M. Ilham
Ghaly: Journal of Islamic Economic Law Vol 2 No 2 (2024): Ghaly: Journal of Islamic Economic Law
Publisher : Islamic Economic Law Study Program, Faculty of Sharia Sultan Aji Muhammad Idris Samarinda Islamic State University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/ghaly.v4i2.8974

Abstract

This study examines the differences of opinion between classical and contemporary scholars about whether or not it is permissible to provide needs or facilities for non-Muslim religious holidays. This is a promising business opportunity that can generate large profits. Muslim communities in Indonesia and in Samarinda City do a lot of hamper businesses on Muslim and non-Muslim holidays. In this case, there are three formulations of the problem in this study, namely, related to the background of Muslim communities doing hamper buying and selling businesses on non-Muslim holidays, then, the condition of the hamper business in Muslim communities during non-Muslim holidays, and also the Muslim community's hamper business on non-Muslim holidays from the perspective of maqashid sharia. This type of research is field research using normative legal and sociological legal approaches. The data sources used are secondary data sources and primary data. Data collection techniques are observation, interviews, documentation. Data analysis techniques in this study are data reduction, data presentation and drawing conclusions and inductive thinking patterns to draw conclusions. The results of this study indicate that the existence of hamper orders or the increasing number of consumer requests can help others, especially in non-Muslim holiday celebrations and sellers can take advantage to meet their needs, so this is the background for Muslim communities to do hamper business on non-Muslim holidays. The condition of the hamper business on non-Muslim holidays is very busy ordering and buying hampers. As for the maqashid sharia, it does not conflict with Islamic values ​​based on the rules of fiqh, namely "all forms of muamalah are permitted as long as there is no evidence that prohibits it" and during his life the Prophet Muhammad SAW also had good relations with non-Muslims in terms of social, political and muamalah relations. During his lifetime, the Prophet Muhammad SAW once committed muamalah with non-Muslims, namely pawning armor to buy basic food.
Co-Authors Abdul Munim Agmar, Khoirun Nisa Aprilian Anja Santoso, Refons Cikafadupuri Pagala, Azhar