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Azis Faturokhman
State Islamic University of Sultan Maulana Hasanuddin Banten
Arts Humanities Education Social Sciences

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اختلاف الأصوليين في قاعدة (العبرة بما رواه الراوي لا برأيه) وأثره في فقه المناكحات Azis Faturokhman
Al Qalam Vol 38 No 1 (2021): January - June 2021
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32678/alqalam.v38i1.4280

Abstract

This study aimed to discuss kaidah AL-ʻIBROTU BIMÂ ROWÂHU AL-RÂWI LÂ BIRAʼYIH and explained the dissent of ushuliyyin on that kaidah then applied it to the context of fiqh munakahat. Based on the results of the study, the author concluded that the rajih opinion was jumhur ulama opinion, which said that the hadith excluded by the rawi was a hujjah. As for the opinion of the ulama hanafi, if the rawi opinion was different from the hadith that he narrated, then the hadith could not be used as hujjah and it became a weak opinion according to the arguments and the discussions that had been elaborated by the author in his study.
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