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All Journal Hunafa: Jurnal Studia Islamika
Marzuki Marzuki
STAIN Datokarama Palu
Religion Humanities Social Sciences

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DARI NALAR FIKIH MENUJU NALAR UNDANG-UNDANG (TRANSFORMASI HUKUM ISLAM KE DALAM LEGISLASI NASIONAL) Marzuki Marzuki
Hunafa: Jurnal Studia Islamika Vol 3 No 1 (2006): Studi Keislaman
Publisher : State Institute of Islamic Studies (IAIN) Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.641 KB) | DOI: 10.24239/jsi.v3i1.240.13-28

Abstract

It is not easy to make a definition of “law” since Islamic syari’ah, Islamic law and fiqh are  law in nature. Basically, in a society, law aims at serving and protecting society. It is a system of implementation to protect both individual rights and societal rights. Besides, it possesses nature and scope of its own. Law is constant. It is not influenced by room and time. It is only Muslim’s interpretation to the law that always changes in accordance with socio-historical and cultural spheres. Islamic syari’ah, Islam law and fiqh, lie on the argument used. Islamic syari’ah is based on the Qur’an and the Sunnah without any legal reasoning, but constantly relies on the spirit of the two Islamic sources. So, Islamic syari’ah is constant while Islamic law is temporal. In the context of positive law, Islamic law has good prospect as long as law practitioners are capable of optimizing the strength and opportunity possessed by Islamic law.    Kata Kunci:  Undang-undang, syari’ah, hukum Islam
AHMAD BIN HANBAL (PEMIKIRAN FIKIH DAN USHUL FIKIHNYA) Marzuki Marzuki
Hunafa: Jurnal Studia Islamika Vol 2 No 2 (2005): Studi Keislaman
Publisher : State Institute of Islamic Studies (IAIN) Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.482 KB) | DOI: 10.24239/jsi.v2i2.303.107-118

Abstract

Ahmad bin Hanbal is popular not only as a faqih but also as a muhaddith. His authority on istimbath can be seen from his method of istimbath. He places the Qur’an and hadith as the main sources of law in his istimbath. In addition, he employs companions’ fatwa agreed upon by them. The reason for this is that companions are undoubtedly credible persons. Other sources of law he uses in his istimbath are hadith mursal and hadith dha’if, that is hadith of no tsiqah in some of its narrators. He also  employs such methods of istimbath as qiyas, ijma’, al-mashalih al-mursalah, istihsan, sad al-zari’ah, and  istihsab.Kata kunci :  Ahmad bin Hanbal, fikih, ushul fikih
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