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All Journal Al-'Adalah Al-Iqtishad : Jurnal Ilmu Ekonomi Syariah (Journal of Islamic Economics) Jurnal Cita Hukum TARBIYA : Journal Education in Muslim Society Diroyah : Jurnal Studi Ilmu Hadis International Journal of Islamic Economics and Finance (IJIEF) JURNAL SYARIKAH : JURNAL EKONOMI ISLAM Shirkah: Journal of Economics and Business Aspirasi : Jurnal Masalah-masalah Sosial Edukasia: Jurnal Pendidikan dan Pembelajaran Akademika : Jurnal Pemikiran Islam Legal Protection for the Partnership Agreement Parties Al-Istinbath: Jurnal Hukum Islam Al-Hayat: Journal of Islamic Education
JM Muslimin
The Association of Indonesian Shariah Scientists and Scholars Jakarta
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Legal Protection for the Partnership Agreement Parties

 1 
Istihsan and Istishab in Islamic Legal Reasoning: Towards the Extension of Legal Finding in the Context of Indonesia Muslimin, JM; Kharis, M Abdul
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1018.964 KB) | DOI: 10.30631/alrisalah.v20i2.589

Abstract

This article explores the debate among Muslim jurists on istiḥsān and istiṣhāb and the ability of both to solve Islamic legal cases in Indonesia. The research is done through normative legal approach by referring to various literatures in the elaboration of legal concepts. The concepts of law (istiḥsān and istiṣhāb) are discussed and become the central topic. At the end, those concepts are applied in the cases to draw normative conclusions. The result of this research shows that though istiḥsān and istiṣhāb are still debatable, both of the two have a strong influence and relevance to be applied. In the Indonesian context, istiḥsān and istiṣhāb reasoning, may be combined or separated, can be used to promulgate the obligatory registration of marriage, the application of health protocol of Covid-19 during prayer in the mosque in the time of pandemic, and possibility of using credit card and e-commerce for transaction, the acceptance of Pancasila as the basis of the Republic of Indonesia, the legitimacy of 1945 constitution, democracy, and current principles of modern jurisprudence (such as the principles of pre-assumption of innocent). That is due to the fact of their virtues for public life (maṣlaḥah muḥaqqaqah), and no exact prohibition is found in al-Qurʼan and Hadith (ibāḥah aṣliyyah). In short, by using istiḥsān and istiṣhāb, such mentioned recent cases may be solved and logics of legal reasoning can be extended.
Istihsan and Istishab in Islamic Legal Reasoning: Towards the Extension of Legal Finding in the Context of Indonesia Muslimin, JM; Kharis, M Abdul
Al-Risalah Vol 20 No 2 (2020): December 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v20i2.589

Abstract

This article explores the debate among Muslim jurists on istiḥsān and istiṣhāb and the ability of both to solve Islamic legal cases in Indonesia. The research is done through normative legal approach by referring to various literatures in the elaboration of legal concepts. The concepts of law (istiḥsān and istiṣhāb) are discussed and become the central topic. At the end, those concepts are applied in the cases to draw normative conclusions. The result of this research shows that though istiḥsān and istiṣhāb are still debatable, both of the two have a strong influence and relevance to be applied. In the Indonesian context, istiḥsān and istiṣhāb reasoning, may be combined or separated, can be used to promulgate the obligatory registration of marriage, the application of health protocol of Covid-19 during prayer in the mosque in the time of pandemic, and possibility of using credit card and e-commerce for transaction, the acceptance of Pancasila as the basis of the Republic of Indonesia, the legitimacy of 1945 constitution, democracy, and current principles of modern jurisprudence (such as the principles of pre-assumption of innocent). That is due to the fact of their virtues for public life (maṣlaḥah muḥaqqaqah), and no exact prohibition is found in al-Qurʼan and Hadith (ibāḥah aṣliyyah). In short, by using istiḥsān and istiṣhāb, such mentioned recent cases may be solved and logics of legal reasoning can be extended.
Co-Authors A. Alanazi, Meshal Saleh Abdillah Abdillah Ali Ridho Alkahtani, Hezam Sultan J. Arifin, Laila Setyawati Elkushli, Salem Ahmed A Hidayat, Syahrul Ramadhan Hosny Mohamed, Mahmoud Mohamed Jaih Mubarok Kharis, M Abdul Muttaqin, Fakih Fadilah Muzakki, Muhammad Asgar Nasril, Muhammad Nuhdi, Asep Nukhba, Ghulam Musthafa Nurul Etika, Nurul Permana, Robi Rahma Amir, Rahma Ramdhan Muhaimin Supardin, Muhammad Ikhlas Ugli, Abdulbosit Rakhimjonov Rafikjon Wildan Munawar Yunus, Djubaedi Yusof, Nabila