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All Journal AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Nusantara: Journal Of Law Studies
Henderi Kusmidi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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EKSISTENSI ISTIHSAN SEBAGAI DALIL ISTINBATH FIQH SIYASAH Henderi Kusmidi
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 2 (2021): Vol 6, No 2 Tahun 2021: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v6i2.4901

Abstract

Abstract: This study aims to comprehensively describe the existence of istihsan in siyasa fiqh. There are some scholars who reject the existence of istihsan as one of the methods of istinbathul ahkam, this group believes that the use of istihsan in istinbathul ahkam is not valid, especially in matters of fiqh siyasah. The reason for this refusal is based on the concern that the door of ijtihad will be opened based on mere lust. This happens because the istihsan method is not yet clearly standardized for its implementation. However, what actually happened in the field was not like that. Based on the research that the author did, it was found a conclusion that istihsan really exists and exists in the world of istinbathul ahkam explicitly and exists in siyasah fiqh implicitly. This happens because istihsan is responsive to the problems of social life, as well as progressive, in harmony and in line with the Qur'an and the hadith of the Prophet Muhammad. Keywords: Dalil, Fiqh Siyasah, Istihsan.
Family Support Obligations From A Hadith Perspective Henderi Kusmidi
NUSANTARA: Journal Of Law Studies Vol. 2 No. 2 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17388613

Abstract

This research aims to comprehensively discuss the issue of family support obligations from the perspective of the hadith of the Prophet Muhammad. This research is library research. The data collection technique used is documentation. The documentation technique was chosen because this study examines hadiths of the Prophet found in several hadith books. The analysis technique used is descriptive qualitative. An important finding in this research is that living is an obligation that must be carried out by the husband as head of the household. Fulfilling the obligation to provide support to the family is considered alms. Thus, if a husband works sincerely to meet the needs of his family, then the husband is like giving alms. The husband's obligation to provide for his wife's needs according to Islamic law is to fulfill household needs in terms of clothing, food and shelter according to the husband's capabilities. Islam does not provide definite standards regarding the limits and amount of maintenance that is the husband's obligation.
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