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All Journal Al-Maslahah Justisia Ekonomika
Chamim Thohari
Universitas Muhammadiyah Surabaya
Religion Economics, Econometrics & Finance

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STUDI KOMPERATIF ANTARA PENDAPAT IMAM SYAFI’I DAN IMAM MALIKTENTANG PENGAMBILAN BUAH POHON PADA BARANG GADAI TANAH (Studi di Kecamatan Guluk-guluk Kab. Sumenep) Mondzir Mondzir; Chamim Thohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5228

Abstract

ABSTRACT        This study entitled "a comparative study of Imam Syafi'i and Imam Malik's opinion on Taking Fruit Trees on Land Pawn Goods (Case Study in Guluk-guluk District, Sumenep Regency). The pawning party generally gives the pawn party the land with the fruit of the tree to the pawn recipient and must give the fruit of the tree to the pawn recipient until the pawner pays the debt.       The research method used in this study is the field research method (Case Study) also intended to study intensively about the background of the current situation, as well as the specific social unit environmental interactions that are (given).       The results of this study regarding the taking of fruit trees on earthly pawned goods carried out by the Guluk-guluk District community according to Imam Syafi'i the fruit of the tree is not part of the pawning goods (marhun bih) but the fruit is the property of the mortgaged person (ar-Raahin ). Meanwhile, according to Imam Malik, the law is permissible if it is used as a pawn condition. Key Words : ar-Rahn, ar-Rahin, al-Murtahin, al-Marhun, al-Marhun bih.
PEMIKIRAN TEORI HUKUM ISLAM IMAM AL-JUWAYNĪ Analisis Pemikiran Uṣūl Fiqh Imam al-Juwaynī, Serta Posisinya Dalam Ijtihād Chamim Thohari
Al-Maslahah : Jurnal Ilmu Syariah Vol 12, No 1 (2016)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.328 KB) | DOI: 10.24260/almaslahah.v12i1.338

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Abstract This research discuss about the Uṣūl al-Fiqh (the sources of jurisprudence) and fiqh (jurisprudence) in al-Juwaynī’s thought, and his contribution for development of Islamic law. The methodology which is used in this research is a library research with content analysis to describe the unique sides of al-Juwaynī’s thoughts. The result of this research is, that al-Juwaynī was a Shāfi‘īte, but he diverted in many issues from al-Shāfi‘ī. He was one of the main scholars of his time to concentrate on Ushūl al-Fiqh as a science and as the basis of fiqh. Before him, scholars of Uṣūl al-Fiqh seem to have taken one of two opposite opinions. However al-Juwaynī argued that the truth was somewhere in between. Al-Juwaynī ’s contribution in Uṣūl al-Fiqh is his use of middle ground solutions. In fiqh, al-Juwaynī was independent to a great extent. It seems that only truth mattered to him, despite his recognition that he belonged to the Shāfi‘ī school of fiqh.
Co-Authors Mondzir Mondzir