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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.
Marriage Registration in Islamic Law Sitizalikha Sitizalikha; Abdullah Abdullah; 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.v4i3.2566

Abstract

Getting a life partner is a human partner in accordance with their nature. Living together must be carried out in an official way, namely through marriage. Marriage must be carried out with the provisions that have been set in Islam. In addition, the state also requires registration of marriages. This research is entitled Marriage Registration in Islamic Law. This study discusses how the views of Islamic law on marriage registration at the Office of Religious Affairs (KUA) and the consequences of marriages that are not registered at the Office of Religious Affairs (KUA). This research is library research. This type of research is a type of qualitative research with a normative approach that is descriptive-analytical. This research concludes thatIslamic law does not view marriage registration as a pillar or condition for a valid marriage. Marriage is still valid as long as the pillars and conditions are met. Marriages that are not registered with the Office of Religious Affairs (KUA) are considered a mistake in the view of Islamic law, because they do not obey Allah's orders in terms of obeying government regulations. Marriage registration is a must in juridical studies. The state does not declare illegitimate marriages that are not registered at the Office of Religious Affairs (KUA). However, the marriage is not under the legal umbrella, so the state is not responsible for the impacts that occur from the marriage in the future.