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Upaya Penyelesaian Pernikahan Beda Agama: Analisis Istidlal Fakhruddin ar-Razi Dalam Kitab al-Mahshul Fi Ilmi Ushul Muhtolib, Muhtolib; Muhsin, Muhsin
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.134

Abstract

Interfaith marriage is a classic problem that is always interesting to discuss because the legal products found in this problem are contradictory. The purpose of writing this article is to describe the method of tafsir ahkam Fakhr al-Din Ar-Razi in al-Mahshul Fi Ilmi Ushul al-Fiqh, to solve the problem of interfaith marriage by using the istidlal method. The approach used in this writing is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in libraries, such as books and articles. The conclusion of this article shows that the effort to solve religious marriage when viewed with istidlal fakhruddin ar-Razi in the book al-Mahshul fi Ilm al-Ushul by using the concept of permissible and the concept of Takhsis al-Maqtu bi Al-Maqtu' (Takhsis dalil qath'i with dalil qath'i) between QS. al-Baqarah [2]: 221 ditakhsis with QS. al-Maidah[5]: 5, then it is permissible on condition that he is an Ahl Kitab. As for Ahl Kitab in the disclosure of the Qur'an da, Jews and Christians as the obvious Ahl al-Kitab. But those who mention other religious groups, namely the Magi and Shabi'in, let alone Buddhists, Hindus and Khong Hucu are not part of Ahl al Kitab, or do not belong to the Ahl al-Kitab community at all,
Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law Ahyani, Hisam; Parhan, Parhan; Muhtolib, Muhtolib; Berizi, Ahmad; Nurhasana, Nurhasana; Adnan , Nurul Ilyana Muhd
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.02

Abstract

The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.
Menelisik Inti Sari Petunjuk pada Sistematika Ayat dan Surat Al-Qur’an bt Abdul Rahman, Waheeda; Muhtolib, Muhtolib
Adh Dhiya | Journal of The Quran and Tafseer Studies Vol. 1 No. 2 (2024): adh Dhiya
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/adhy.v1i2.122

Abstract

There have been quite a lot of studies of the Ulum al-Qur'an by commentators. The study pattern revolves around sciences related to the Koran and Tafsir. The aim of writing this article is to describe and examine the essence of the instructions in each verse in the systematics of verses and letters of the Koran. The method used in this research is the library research method. The approach used is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in the library, such as books and articles. The results of his findings show that the Al-Qur'an has provided a very amazing uniqueness in terms of its verses and letters, as well as being a topic that is the focus of all Ulama and Mufasir, both classical and contemporary. The Ulama argue that the composition of the verses and letters of the Al-Qur'an based on the guidance of the Prophet Muhammad SAW which is tauqifi, thus forming a strong and sturdy order and sequence. This certainly indicates that there is a close connection between one verse and another. When observed and researched, a collection of verses from the Qur'an shows the meaning and secrets behind their composition. The scholars have several interesting opinions when explaining the relationship between verses and letters, so that it can be seen from several interpretations that the essence of each verse will emerge. Quran verses
Melacak Jejak Hermeneutika Fazlur Rahman dalam Wacana Teori Tafsir: Perspektif Historis dan Epistemologis Rahmawati, Rahmawati; Muhtolib, Muhtolib
Adh Dhiya | Journal of The Quran and Tafseer Studies Vol. 2 No. 1 (2024): adh Dhiya
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/adhy.v2i1.297

Abstract

The development of the theory of Qur'anic interpretation in the realm of contemporary Islamic thought shows an increasingly urgent methodological need to bridge the gap between the sacred text and the ever-changing social reality. In the midst of this dynamic, the hermeneutical approach offered by Fazlur Rahman, especially the double movement theory, is present as a methodological offering that attempts to reconstruct the way of viewing the text of the Qur'an ethically and historically. This study aims to trace the intellectual trail of Fazlur Rahman's hermeneutics in the development of contemporary interpretation theory by highlighting the historical and epistemological dimensions of his thinking. The method used in this study is a qualitative study based on literature study, with a historical-critical approach and discourse analysis. Primary and secondary sources related to Fazlur Rahman's works and the responses of contemporary Muslim intellectuals are the focus of the analysis. The results of the study show that Fazlur Rahman's double movement theory not only represents a synthesis between textual and contextual understanding, but also provides an epistemological foundation for the development of a more dialogical, transformative, and contextual interpretation theory. The implications of these findings indicate the need for revitalization of the tafsir approach that is not only rooted in the classical heritage, but also open to social dynamics and universal ethical values. This research also opens up space for the development of maqāṣid-based tafsir theory that can respond to the needs of contemporary Muslim society more inclusively.