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QIYAS VIS A VIS AD DALALAH (MENGUAK PENOLAKAN ABU MUHAMMAD TERHADAP QIYAS SEBAGAI SUMBER HUKUM ISLAM) Mustatho, Mustatho
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.300

Abstract

In legal Istinbath, Abu Muhammad was known as a scholar who strictly adheres to the outward texts. Therefore, he has been critical of the clergy who give the role of ratio in determining the law. In his view, Islamic law originates from Allah SWT is determined by Allah clearly in the texts of the Qur'an and Sunnah, and is practiced by consensus by Muslims. The third source of law in Islam is Ijma'. Ijma itself has to rely on the texts because there is no Ijma' without relying on the texts. So Abu Muhammad stipulates that the three sources of law above are the mains references in carrying out legal Istinbath. He rejected qiyas as the fourth source of law was the opinion of the scholars’ majority. To examine this issue, this research is literary with the substance of character research. The research method used is the content analysis method, namely analyzing the thoughts of Abu Muhammad in various existing writings. The results of the research show that to respond the various contemporary problems that arise, for which answers cannot be found explicitly in the texts, both in the Qur'an, Sunnah, and Ijma', Abu Muhammad has the method was also the fourth source of law after Ijma'. The source of law used by Abu Muhammad is known as ad Dalil. However, in further development, the concept of ad Dalil from Ibn Hazm was considered by other Ulama as a source of law or a way of Istinbath law was no different from the qiyas used by previous scholars.
RELEVANSI KEWAJIBAN SERTIFIKASI HALAL BAGI PELAKU USAHA DENGAN MAQASHID SYARIAH Mustatho, Mustatho; Ruslan, Ruslan
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 02 (2024): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i02.540

Abstract

Initially, halal certification in Indonesia was taken over by the Indonesian Ulema Council (MUI) which is a civil society movement that received support from the state. However, after the issuance of the Halal Product Assurance Law (JPH Law), the authority for halal certification was transferred to the Halal Product Assurance Agency (BPJPH). This study aims to describe halal obligations for business actors, and their relevance to Maqashid Sharia. The method in this study is literature research that seeks to describe research from books, primary sources are corroborated with secondary sources, then analyzed and tested through triangulation of data sources and methods. The results of this study conclude that the obligation of halal certification helps business actors to gain public trust in the products they sell, as well as for people to be calmer in consuming every product that has a certificate. The relevance to Maqashid Sharia is very strong because with products that have been certified halal, the five main goals of sharia are fulfilled, namely preserving religion, preserving soul, preserving intellect, preserving descendants and preserving property.
PORNOGRAFI DAN PORNOAKSI PERSPEKTIF AL-QUR’AN DAN HUKUM ISLAM Mustatho, Mustatho; Nurhaliza, Febriana; Sarlina, Sarlina; Maulidya Hanafi, Lailatul
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 01 (2025): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i01.680

Abstract

Pornography and pornography are social issues that have a negative impact on people's morals and morals. In the perspective of the Qur'an and Islamic law, these acts are categorized as prohibited behaviors because they are contrary to the values of holiness and ethics upheld in Islam. This research aims to examine the phenomenon of pornography and pornography that is increasingly prevalent in the perspective of the Qur'an and Islamic law. Pornography and pornography are seen as forms of deviant behavior that damage individual morals, social structures, and family orders. This research uses a qualitative method with a literature study approach that focuses on the study of Qur'anic verses, hadiths, fatwas of the Indonesian Ulema Council (MUI), and the thoughts of scholars. The findings of the study show that the Qur'an expressly prohibits all forms of actions that lead to adultery, display the aurah, and arouse orgasm, as reflected in surah al-Isra' verse 32 and al-Ahzab verse 59. In Islamic law, pornography and pornography are categorized as fahisyah (heinous acts) that are contrary to maqashid al-shariah, especially in preserving reason (hifz al-'aql) and heredity (hifz al-nasl). The MUI fatwa in 2001 also confirmed that all activities that lead to pornography and pornography are haram according to shari'i, so Islam views this phenomenon as a serious threat that must be prevented through moral, legal, and public education approaches.
PENDAMPINGAN PENGAJUAN SERTIFIKASI HALAL SELF DECLARE BAGI PELAKU USAHA DI KECAMATAN TELUK PANDAN KABUPATEN KUTAI TIMUR Mustatho, Mustatho; Muchammad Abdul Basir
El-Madaniyah : Jurnal Pengabdian Masyarakat Vol. 2 No. 02 (2025): Agustus
Publisher : P3M STAI Sangatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/elmadaniyah.v2i02.681

Abstract

This community service is carried out in the form of mentoring for micro, small and medium enterprises (MSMEs) in Teluk Pandan District in applying for halal certification through self-declaration in the One Million Free Certificates (SEHATI) program. The majority of micro, small and medium enterprises (MSMEs) in Teluk Pandan District, East Kutai Regency do not yet understand the procedures for applying for halal certification, the requirements and the classification of products that may be registered. Therefore, this mentoring service focuses on: 1) providing an understanding of the importance of halal certification, 2) providing training on procedures for applying for halal certification for the SEHATI program, and 3) providing assistance for halal certification registration through the Sihalal application. The method of implementing community service activities carried out by this service team uses the Participatory Action Research approach, namely assisting and providing a role so that business actors directly practice and carry out all halal certification application processes through the Sihalal application. The results of this community service activity are that business actors get a business registration number as one of the requirements for applying for halal certification through SEHATI and the issuance of halal certificates for the products they apply for. With the halal certificate, consumers will no longer hesitate to buy and consume products from business actors in Teluk Pandan District, East Kutai Regency.