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All Journal QIJIS (Qudus International Journal Of Islamic Studies) Al-Ahkam Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Abdurrohman Kasdi
Institut Agama Islam Negeri Kudus
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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Reconstruction of Fiqh Nusantara: Developing the Ijtihad Methodology in Formulating Fiqh from Indonesian Perspective Abdurrohman Kasdi
QIJIS Vol 7, No 2 (2019)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v7i2.4797

Abstract

Fiqh Nusantara which is relevant to Indonesian Muslims is Fiqh that is suitable for the personality and character of the Indonesian people so that it can meet their needs. The importance of taking Fiqh stipulations from the results of Ijtihad that is more in line with the needs of the Nusantara community makes Fiqh not rigid in applying it. Fiqh Nusantara exists to revive the Fiqh so that it can participate in shaping the directions and movements of Indonesian people’s lives. This article aims at analyzing the reconstruction of Fiqh Nusantara, by developing the methodology of Ijtihad (Process of legal reasoning in rationalizing law based on the Qur’an and Sunnah) to formulate Fiqh (Islamic law) that is compatible with Indonesian people. The research used qualitative methods with juridical-sociological approaches. The result of this research shows that Fiqh Nusantara evolves along with the introduction of Islam in Indonesia which is known as Nusantara at that time. The reconstruction of the Fiqh Nusantara is done by reinterpreting the Shara theorem contained in traditional Fiqh, by reading the conditions of the community to realize the objectives of Islamic law, while referring to the Mazhab (school of thought) and Ijtihad as an effort to solve problems that occur in Indonesia by considering local wisdom, traditions, or customs.
Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus Abdurrohman Kasdi; Khoiril Anwar
Al-Ahkam Vol 29, No 2 (2019): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.164 KB) | DOI: 10.21580/ahkam.2019.29.2.4203

Abstract

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates wasiat wajibah, a will determined by law even though the person concerned does not inherit it.
Al-Takâmul wa al-Tawfîq bayna al-Fiqh wa al-Tasawwuf: Wijhah Nazhar Kiyahî Muhammad Shâlih Darat al-Samarânî fi Taqaddum al-Fikr al-Dinî fî Indûnîsiyâ Abdurrohman Kasdi; Umma Farida; Fauzan Adim
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i1.7266

Abstract

This article aimed to analyze the perspective of Kiyahî Shâlih Darat in integrating fiqh and Sufism which are generally considered different from one another. Fiqh tends to illustrate the outward side in deriving legal rulings from the Qur’an and Sunnah, while Sufism tends to refer to the inner side in applying the teachings. The integration between both is deemed necessary to balance the internal and external dimensions of Muslim life, as they are an inseparable unit. This research is a qualitative library one with the data collected from the books of Kiyahî Shâlih Darat and research on his ideas. It is furthermore a study that attempts to analyze the contents of Kiyahî Shâlih Dârât’s thought objectively and scientifically to find its meanings and values. The results showed that the Kiyahî Shâlih Darat mastered various disciplines ranging from fiqh, Sufism, tafseer to hadith. His thought reflects the manifestation of a perfect religious intellectual spirit. He interpreted the Islamic teaching and its ritual practices in the context of carrying out the integration between fiqh which emphasized the outward aspects and sufism which focused on the inner ones. According to him, Muslims who only rely on one of both and ignore another cannot be considered perfect Muslims because Islam does not only give attention to external things but also internal ones. Likewise, Islam not only regulates the soul but also takes care of physical matters. Fiqh without Sufism, as he mentioned, will be empty, while Sufism without fiqh will be futile so real Islam is a combination between both.
Co-Authors Fauzan Adim Khoiril Anwar Umma Farida