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Fathan Jihadul Islam
Sekolah Tinggi Dirasat Islamiyah Imam Syafi’i Jember
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KEDUDUKAN ADILLAH ISTI’NASIYYAH DALAM PENGUATAN HUKUM FIKIH NORMATIF Akhmad Husaini; Fathan Jihadul Islam; Deni Irawan
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 9 No 2 (2022): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/almajaalis.v9i2.204

Abstract

In Islamic jurisprudence issues, sometimes problems are found for which there are no valid, clear, and firm evidences, whether from the agreed upon evidence or not. There is also issue that has evidences but there are other things that also strengthen the basis. This is not in the context of arguing, but is sometimes used to further solidify the outlook and action. The evidence is called adillah isti’nasiyyah. There are eleven adillah isti’nasiyyah found in this discussion. Two of them deserve to be promoted to adillah mukhtalaf fihi status. The two which went up in status were al-akhzu bi aqalli maqiila and al-istiqra’. The others are al-akhzu bil akhaff, al-akhzu bil aktsar, al-akhzu bil asyaq, al-akhzu bil wasth, dalalatus siyaq, dalalatul iqtiran, weak but has authentic eaning hadiths, al-ihtiyat, al-ilham. Discussions about the adillah isti’nasiyyah separately and comprehensively have not been found and discussed, although they still exist. Of course, it is necessary to elaborate further on this issue in order to add to the body of scientific knowledge. In discussing an Islamic jurisprudence issue, etc., scholars sometimes use this term in order to increase the basis for argumentation, even though in essence the evidences presented are sufficient.
KETENTUAN-KETENTUAN PENGGABUNGAN DUA NIAT ATAU LEBIH DALAM SATU IBADAH Arif Husnul Khuluq; Fathan Jihadul Islam; Winning Son Ashari
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 10 No 2 (2023): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v10i2.309

Abstract

Intention is one of the determinants of the acceptance of a servant's worship. Without the right intention, one's worship becomes empty even though the rituals he performs are full of hardships. Among the problems of fiqh in the chapter of intentions is the merging of two intentions in one worship. This study aims to explain the provisions explained by the scholars to be able to combine intentions in one worship only. This study uses a descriptive qualitative method by looking at the relevant literature data. The results showed that not all worship with the same ritual can be combined in its intentions. But there is a stipulation that worship that can be combined is only between worship that is meant by its essence and that which is not meant by its essence. While worship that is both meant by its essence, it should not be combined and must be carried out one by one. So a Muslim should pay attention to the evidences of the worship that he will combine his intentions and seek the truth by seeking explanations from the scholars so that this combination is valid, so that his worship can be accepted and does not become a useless practice because it is rejected.
MENINJAU ULANG TEORI PERTUMBUHAN POPULASI MALTHUSIAN DALAM PERSPEKTIF HAK REPRODUKSI PEREMPUAN DALAM HUKUM KELUARGA ISLAM MENINJAU ULANG TEORI PERTUMBUHAN POPULASI MALHTUSIAN DALAM PERSPEKTIF HAK REPRODUKSI PEREMPUAN DALAM HUKUM KELUARGA ISLAM Syafiq Riza Hasan; Fathan Jihadul Islam; Farchan Mu’aziz
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 2 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i2.562

Abstract

This study aims to explore the differences in perspectives between Malthusianism and Islam regarding reproductive issues. The research method employed is a qualitative literature review. The findings reveal that Islam holds a distinct viewpoint from Malthusianism concerning reproduction and population growth. While Malthusianism advocates for reproductive restrictions and population control, Islam encourages having children without limitations, emphasizing the importance of upbringing to raise righteous individuals, as well as efforts to meet their daily needs and recognition of women’s reproductive rights. This perspective is reflected in numerous religious texts urging Muslims to have many offspring. However, Islam does not advocate for increasing the number of children except with careful consideration within the framework of Allah's Sharia. Therefore, the theory proposed by Thomas Robert Malthus is not suitable for implementation by devout Muslims. The significance of this research lies in guiding Muslims to adhere to their religious teachings in managing reproductive issues and population growth.
DIVORCE DUE TO ABANDONING PRAYER IN THE PERSPECTIVE OF THE SHAFI'I SCHOOL: AN ANALYSIS OF IMPLICATIONS FOR THE VALIDITY OF MARRIAGE Syafiq Riza Hasan; Fathan Jihadul Islam; Farchan Mu’aziz; Ni'mazzad Al Bahiy; Lutfi Setiawan
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 13 No 2 (2026): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/al-majaalis.v13i2.1426

Abstract

While prayer (salat) is a fundamental obligation in Islam, its abandonment triggers complex legal ramifications within the Shafi’i School, particularly concerning the continuity of marriage. However, a critical legal ambiguity persists regarding how specific motives for abandoning salat—whether through denial (juhud) or negligence (kasal)—distinctly impact the marital bond. This study addresses this gap by examining the research question: How does the Shafi’i School differentiate the legal status of marriage for individuals who abandon salat based on these distinct motivations? Employing a qualitative method with a literature review of classical Shafi’i jurisprudence (fiqh), the findings reveal that denial-based abandonment leads to apostasy (murtad), resulting in the immediate nullification (faskh) of the marriage. In contrast, negligence-based abandonment maintains the marital validity but subjects the individual to a mandatory three-day repentance period, the failure of which leads to legal termination. This study contributes to contemporary Islamic family law, particularly in the Indonesian context, by operationalizing classical jurisprudence to resolve modern marital disputes arising from religious non-compliance.
Co-Authors Akhmad Husaini Arif Husnul Khuluq Deni Irawan Deni Irawan Farchan Mu’aziz Farchan Mu’aziz Lutfi Setiawan Ni'mazzad Al Bahiy Syafiq Riza Hasan Winning Son Ashari