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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal Islamic Economics Ad Diwan
Ibnu Mukti
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Ijtihadi Models in Fiqh Studies Sufriadi Sufriadi; Ibnu Mukti; Mahmudi Mahmudi; Nurazizah Nurazizah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2568

Abstract

This study was conducted to find models of ijtihad in the study of fiqh. The active role of Islamic scholars in providing legal answers to actual problems is a necessity and cannot be avoided. Various legal references have been contained in various fiqh books by previous scholars, but from another point of view it must also be realized that the formulation of Islamic law contained in the fiqh books left by the fuqaha has in some aspects lost its transformational ability. From that, the actualization of the texts of the fiqh books is one of the efforts to solve problems for those who do not leave the fiqh books.This research is in the form of literature research with qualitative research type, which emphasizes inductive analysis of thought processes related to the dynamics of the relationship between observed phenomena and uses scientific logic. A content analysis approach can involve a type of analysis, in which communications are categorized and classified. The stage of interpreting the data that has been found in accordance with the focus of the object of study to find relevance, correlation, sometimes even being able to offer and reconstruct new thoughts from the data that has been found. The results of the study found hIslamic law consists of two parts, Islamic law in the form of teachings contained in the Qur'an and mutawatir hadith produced through qath'i al-dilalah. Legal construction is carried out by a person who has the capacity of a mujtahid by using al-qawaid al-ushuliyah in interpreting the text of the Qur'an and hadith to find laws for new problems. The models or patterns of ijtihad used by previous and contemporary scholars include; Ijtihad Intiqa'i, Insha`i and Qiyas.
EKSISTENSI ZHIHAR DALAM HUKUM ISLAM: ANALISIS PERSPEKTIF FIQH SYAFI'IYYAH Ibnu Mukti
JOURNAL ISLAMIC ECONOMICS AD DIWAN Vol 3 No 2 (2024): Ad Diwan
Publisher : Program Studi Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51192/ad.v3i2.1264

Abstract

The main purpose of marriage is to create a household full of peace, tranquility, love, and affection. However, in living a household life, various problems and issues often arise, one of which is the case of a husband who performs zhihar on his wife. This action can have legal consequences that require clear explanations and rules. In this case, Islam is present as a solution to the problem of zhihar, which during the Jahiliyah era was used as a way to divorce a wife. This study aims to examine the existence of kafarah zhihar according to the perspective of Fiqh Syafi'iyyah. The approach used is literature research with a qualitative normative method. The results of the study show that in Fiqh Syafi'iyyah, zhihar is a statement by a husband who equates his wife with a mother or with someone who is forbidden to marry, either because of blood relations, marriage, breastfeeding, or other reasons. Zhihar does not only occur by equating a wife with a mother, but also with other mahrams. There are two types of zhihar lafadz, namely clear ones (sharih) and figurative ones (kinayah), both of which require intention for the zhihar to be valid.
Co-Authors Mahmudi Mahmudi Nurazizah Nurazizah Sufriadi Sufriadi