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All Journal Asy Syar'iyyah: Jurnal Ilmu Syari'ah dan Perbankan Islam Al-Istinbath: Jurnal Hukum Islam
Setiawan, Alfiandri
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Memahami Pola Ijtihad dalam Modernisasi Hukum Wakaf di Indonesia Islamy, Athoillah; Setiawan, Alfiandri; Yazid, Nuryasni
ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM Vol. 6 No. 1 (2021): Asy-Syar'iyyah Juni 2021
Publisher : FAKULTAS SYARIAH DAN EKONOMI ISLAM IAIN SYAIKH ABDURRAHMAN SIDDIK BANGKA BELITUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32923/asy.v6i1.1787

Abstract

This study aims to find the pattern of ijtihad in the renewal of waqf law in Indonesia as stipulated in Law No. 41 of 2004. The focus of the object of this research is Article 1 regarding the existence of waqf, Article 16 regarding waqf objects, and Article 40 concerning changes in the status of property. waqf. This research is a qualitative research in the form of literature review. This type of Islamic legal research is included in the category of philosophical normative legal research. The analytical theory used is the contemporary typology of ijtihad proposed by Yusuf al-Qaradawi. This research concludes that the construction of waqf legal reform in Article 1 regarding the existence of waqf, Article 16 regarding the object of waqf, and Article 40 regarding changes in the status of waqf assets tends to use the ijtihad intiqa'i approach, which is to choose a legal opinion of the classical fiqh school which is relevant to developmental conditions and needs of modern society. However, in article 40, the author considers that there is a selection of legal opinions from the jurisprudence schools that do not allow to sell or replace waqf objects which will cause problems in their application. This is because the waqf object in certain conditions can suffer damage and loss of benefit. Therefore, the legal construction in article 40 can be reconsidered.
Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought Ariyadi, Ariyadi; Muzainah, Gusti; Setiawan, Alfiandri; Islamy, Athoillah; Susilo, Adib
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.918 KB) | DOI: 10.29240/jhi.v7i2.5462

Abstract

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.
Co-Authors Ariyadi, Ariyadi Gusti Muzainah Islamy, Athoillah Susilo, Adib Yazid, Nuryasni