Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal MAQASHID : Jurnal Hukum Islam
Ahmad Fauzi
IAI Al-Qolam Malang
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
SAKSI TALAK MENURUT IM?M AL-SY?FI’? Ahmad Fauzi; Syamsul A'dlom
MAQASHID Jurnal Hukum Islam Vol. 2 No. 2 (2019): Mei 2019
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4834.006 KB) | DOI: 10.35897/maqashid.v2i2.193

Abstract

Scholars differ about the necessity of witnesses in divorce. There are those who oblige, say the Sunnah, and while others say that divorce does not need a witness. These differences stem from an understanding of related sacred texts that are also diverse. In addition, those with their opinions hold their own logic. In Indonesia itself, the witness' obligation is regulated in positive Islamic law or KHI. Divorce must be resolved through the Religious Courts. This means that the existence of witnesses in the divorce process in Indonesia is a necessity, as a form of efforts to protect the rights of all related parties. Imam al-Shafi'i in his magnum opus, al-Umm, said that witnesses in divorce and reconciliation were the same as the position of witnesses in the sale and purchase agreement or other trade transactions that were highly recommended for the benefit of the people.
RELEVANSI QIYAS DALAM STRUKTUR HUKUM ISLAM Ahmad Fauzi
MAQASHID Jurnal Hukum Islam Vol. 5 No. 2 (2022): Nov 2022
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

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

Abstract

Al-Qur'an, Hadith, Ijma, and Qiyas are the four main texts of Islamic law accepted by the scholars. On the other hand, Islamic law that is often cited by religious figures other than those listed above is istihsan, maslahah mursalah, istishab, "uruf, madzhab as-Shahabi, and syar'u man qablana. The existence and blasphemy of qiyas as a first step in establishing law still raises several problems and heated debates in the short term. Not all of the Qur'an, Sunnah, or Ijma' acknowledge the status of qiys as a valid legal proposition. The author tries his best in this case to describe a little about the views of the Syafi'iyyah jumhur ulama' towards the position of qiyas as one of the methods of establishing law in Islam. Therefore, without exception, those who use common sense in Islamic law will also be able to grow the spirit of Islam itself. Apart from using the available databases of books and nomenclature of Islamic law, this method of library research also using descriptive analysis.Based on the analysis, it was found that the level of relevance of qiyas as a method has been h has increased significantly since this writing was written, especially considering the region and spread of Islam which is basically cross-country, cross-national and cross-cultural. Qiyas remains a necessity for Muslims, which shows that not everyone is capable of doing istinbaht or drawing conclusions about Islamic law.
Co-Authors Syamsul A'dlom