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Ibnu Elmi AS Pelu
Institut Agama Islam Negeri Palangka Raya, Indonesia
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Journal : El-Mashlahah

 1 
KEDUDUKAN FATWA DALAM KONSTRUKSI HUKUM ISLAM Ibnu Elmi AS Pelu
El-Mashlahah Vol 9, No 2 (2019)
Publisher : INSTITUT AGAMA ISLAM NEGERI PALANGKA RAYA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/maslahah.v9i2.1692

Abstract

Fatwas as a result of human thought use the main legal sources, but can be categorized into ijtihad, because the process of determining fatwas is done through methods determined by the science of ushul fiqh. In judicial practice in Indonesia, fatwas can be included as legal experts' opinions. Fatwa is a legal opinion or opinion on Islamic law on considerations that can be taken from legal sources as legal considerations for judges to give decisions. Fatwas are issued by Islamic scholars or jurisprudents who are able to raise the problem of needs that require basic answers on the basis of the law about activities or activities that can be religious or non-religious in nature. Fatwa becomes one of the sessions in Islamic law to provide answers and solutions to problems raised by the people. While the Muslims at the time of the fatwa as a reference in contradiction and behavior. The position of the fatwa among the general public, is like the argument among the mujtahids (al-Fatwa fi Haqqil 'Ami kal Adillah fi Haqqil Mujtahid), that is, the placement of the fatwa in the construction of Islamic law that asks for the proposition of the mujtahid. The position of fatwa in the construction of Islamic law becomes the legal basis for an act or activity which is good in nature muamalah. The classic fatwa that was transferred (ikhtiyariah) or a choice that is not legally binding.However, associating morals with mustafti or someone who requests a fatwa. This is reinforced through the theory of acceptance of Islamic law, which is the basis of the obligation of every Muslim to approve and comply with Islamic law, the source of which is fatwa, both from philosophical, juridical, and sociological sources.
KEDUDUKAN FATWA DALAM KONSTRUKSI HUKUM ISLAM Ibnu Elmi AS Pelu
El-Mashlahah Vol 9, No 2 (2019)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/maslahah.v9i2.1692

Abstract

Fatwas as a result of human thought use the main legal sources, but can be categorized into ijtihad, because the process of determining fatwas is done through methods determined by the science of ushul fiqh. In judicial practice in Indonesia, fatwas can be included as legal experts' opinions. Fatwa is a legal opinion or opinion on Islamic law on considerations that can be taken from legal sources as legal considerations for judges to give decisions. Fatwas are issued by Islamic scholars or jurisprudents who are able to raise the problem of needs that require basic answers on the basis of the law about activities or activities that can be religious or non-religious in nature. Fatwa becomes one of the sessions in Islamic law to provide answers and solutions to problems raised by the people. While the Muslims at the time of the fatwa as a reference in contradiction and behavior. The position of the fatwa among the general public, is like the argument among the mujtahids (al-Fatwa fi Haqqil 'Ami kal Adillah fi Haqqil Mujtahid), that is, the placement of the fatwa in the construction of Islamic law that asks for the proposition of the mujtahid. The position of fatwa in the construction of Islamic law becomes the legal basis for an act or activity which is good in nature muamalah. The classic fatwa that was transferred (ikhtiyariah) or a choice that is not legally binding.However, associating morals with mustafti or someone who requests a fatwa. This is reinforced through the theory of acceptance of Islamic law, which is the basis of the obligation of every Muslim to approve and comply with Islamic law, the source of which is fatwa, both from philosophical, juridical, and sociological sources.
Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia Pelu, Ibnu Elmi AS; Tarantang, Jefry; Fauzi, Ahmad; Badarulzaman, Muhammad Hafiz; Sururie, Ramdani Wahyu; Anwar, Syahrul
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7864

Abstract

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-maslahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of ​​a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of ​​legal governance between compliance with Sharia and state law perfectly through Raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.
Co-Authors A Salman Maggalatung, A Salman Abdul Helim Abdul Helim Achmad Junaidi, Achmad Achmad Rahmani Ahmad Dakhoir Ahmad Dakhoir Ahmad Dakhoir Ahmad Dakhoir Ahmad Syaikhu Ahmad Tholabi Kharlie Ahmadi Hasan Ahmadi Hasan Ahmidi, Ahmidi Akbar, Wahyu Akhmad Kamil Rizani Akhmad Supriadi, Akhmad Aldina Sri Wahyuni Alfonso Munte Ali Murtadho Emzaed Alias Azhar, Alias Anis Aprilia Asfia, Hilyatul Asmarita Badarulzaman, Muhammad Hafiz Dea Fadila Ramadhani DESI NATALIA, DESI Fani Aditia Farhana, Nyimas Tasya Fauzi Ahmad Muda Go Lisanawati Haris Fajrianor Hussain, Mohammad Azam Ihsan, Reza Noor Ira Zulfia Kausar Jefry Tarantang Kurniawan, Rahmad Laili Wahyunita M. Rullyan Surachman1 Much Hasan Darojat Muchimah Muhammad Ajiseftian Suryatama Muhammad Faqihuddin Ibnu Sabil Ni Nyoman Adi Astiti Ni Nyoman Adi Astiti Noor Ihsan, Reza Nor, Mohd Zakhiri Md. Nornazira Suhairom Nurwijayanti Patrajaya, Rafik Rafik Patrajaya Rahmad Kurniawan Rahmad Kurniawan Rahmah Ramdani Wahyu Sururie Rizani, Akhmad Kamil Roby Sadiani Sadiani Shakhzod Tokhirov Siti Ayumi Sabrina Syaikhu Syaikhu, Syaikhu Syaikhu, Ahmad Syarifuddin Syarifuddin Tri Hidayati Zaitun Qamariah