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Legal Schools in Islam, History of the Emergence of Legal Schools, Differences of Opinion About the Position of Legal Sources Ade Daharis; Salma; Muchlis Bahar
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.6752

Abstract

Differences of opinion among scholars in the fields of Islamic law actually occurred during the time of the Companions of the Prophet. However, these differences can still be overcome with political policies and the legality of ijmak. However, at the end of the Companion period, known as the Tabi'in period (approximately starting in 41 AH), differences of opinion could not be resolved like they were resolved during the Companion period. This is where the process of transitioning Islamic law began from a form of ijtihad which was based on the greatness of friends to a scientific and measurable process until the birth of school imams who codified the results of their legal thinking in the form of fiqh books. Ahl al-Hadith and Ahl al-ra'y are two forms of legal thought that ushered in this transition process. That period was the time when efforts to shape Islamic law began to suit societal conditions and rationality. The school of thought is the main idea or basis used by the mujtahid Imam in solving problems; or adhere to Islamic law. The emergence of the school of thought, as part of the historical process of establishing Islamic law, was neatly arranged from generations of friends, tabi'in, until it reached its golden age in the Abbasid Caliphate, but it must be acknowledged that the school of thought has made a major contribution to thinking in establishing Islamic jurisprudence law. The reasons for the differences opinion/school of thought due to differences in perception in ushul fiqh and fiqh as well as differences in interpretation or interpretation of mujtahids. Adhering to the understanding of bermahzab, due to factors Our "inability" to explore Sharia law itself directly from its sources (the Koran and Sunnah). The source of Islamic law is the most basic thing in the process of establishing a law. In Islam, the main sources of law are the Al-Quran and Sunnah.
Pendekatan Hukum Islam Bagi Penerima Obat Gratis ARV di RSUP M.Djamil Padang dalam Mencegah Penularan HIV-AIDS Salma; Urwatul Wusqa; Muchlis Bahar
Jurnal Hukum Islam Vol 17 No 1 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i1.1868

Abstract

The patients of HIV-AIDS tend to commit deviant behavior, such as homosexual, bisexual, drugs abuse, and sex workers, though there are other causing factors. The government, however, has provided them with a free-of-charge treatment. This kind of treatment is allocated through one hospital in each province. The present study aims to investigate (1) the objective conditions of HIV-AIDS patients receiving antiretroviral (ARV) treatment at M.Djamil General Hospital (RSUP) Padang, (2) various treatments provided to the patients in the perspective of Islamic law, and (3) the free-of- charge ARV treatment received by the patients from the Islamic law perspective. Designed in a research-based community service, the study employed four strategies, namely: planning, action, observation, and reflection. The data were analyzed descriptively with data reduction, display, and conclusion verification. The findings promote that firstly, the objective conditions of HIV-AIDS patients receiving the ARV treatment at the M.Djamil RSUP Padang until December 2018 comprised 1805 people. They were mainly infected with HIV-AIDS through homosexual and bisexual behavior, the use of drug syringes, and prostitution. After receiving the ARV treatment, they still committed the deviant behavior. Secondly, practically, their behavior was categorized into hudud (penal presciptions) and could not be addressed a punishment for the perpetrators since it was not stipulated in regulations. Thus, taubat (repentance) approach is fostered to deal with.
Hukum Islam di Persimpangan: Menjawab Tantangan Bioetika dan Kecerdasan Artifisial Bobby Ferly; Salma Salma; Muchlis Bahar
Jurnal Riset Rumpun Agama dan Filsafat Vol. 4 No. 3 (2025): Desember: Jurnal Riset Rumpun Agama dan Filsafat
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrafi.v4i3.6830

Abstract

Islamic law faces significant challenges from the rapid advancements in bioethics and artificial intelligence (AI). The current responsive approach, based on ad-hoc fatwas, is deemed inadequate to address the systemic ethical dilemmas posed by these disruptive technologies. This research aims to propose a proactive and systematic ijtihad framework capable of anticipating and guiding technological innovation to align with the higher objectives of Shari'ah (Maqasid al-Shari'ah). Using a qualitative, library-based method with a juridical-normative and philosophical approach, this study analyzes primary and secondary Islamic legal sources through the Maqasid al-Shari'ah theoretical framework. The research finds the current model to be limited and, as a solution, offers a novelty in the form of the Hierarchical Model of Technological Ijtihad (HI-Tech). This model is a structured, interdisciplinary reasoning process, supported by a proposed institution, the Bio-Artificial Ijtihad Council (MIBA), and a digital platform, "Nur-Fatwa," for dissemination. The implication of these findings is the need for a paradigm shift for Islamic legal institutions towards an anticipatory, interdisciplinary, and institutionalized approach to address contemporary technological issues, thereby ensuring the continued relevance of Islamic law.
Co-Authors . Zulfan Ade Daharis Arlis Asli Nasution Bobby Ferly Boiziardi AS Elfia Git Septi Munanda Muhammad Zhilal Haq Nasriman Nur Fazila Rizal Muarif Romia Saputra Salma Salma Salma Syarifatus Shalihah Khairati Urwatul Wusqa Zainal Azwar