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All Journal An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya Dan Sosial Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Asmuni Asmuni
Universitas Islam Indonesia Yogyakarta
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Studi Komparatif Fikih Bencana Muhammadiyah dan Nahdlatul Ulama Farkhan Farkhan; Kamsi Kamsi; Asmuni Asmuni
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 5 No. 2 (2020): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v5i2.3281

Abstract

The background of the study is the existence of Fiqh Muhammadiyah and Fiqh Nahdlatul Ulama in coping with disaster, in response to the phenomenon of disasters happened in Indonesia, which has taken many victims and caused various losses. Muhammadiyah and Nahdlatul Ulama are two largest Islamic community organizations in this country, so the way on managing the society is always interesting to study, including FIQH (ISLAMIC JURISPRUDENCE) of coping the disaster. Based on the reasons above, the backgrounds of the study are how do muhammadiyah and nahdhatul ulama apply their fiqh (islamic jurisprudence) to cope with disaster? and why do they apply their fiqh? This study is library research using qualitative design and comparing between the two fiqhs from both Muhammadiyah and Nahdatul ulama. The researcher applies Philosophical approaches, through the term epistemilogi bayani, burhani dan irfani as instruments to clarify the content of both fiqhs to find the answer for both research problems above. The findings are the guideline and methodhology used both Muhammadiyah and Nahdatul ulama covered in both fiqhs; there are several differences on the Basic conceptions related to beliefs and Aqida; ethical and moral formulations and practical things. Muhammadiyah Fiqh explained in details regarding with practical procedures and steps of worship in coping with disaster, while Nahdlatul Ulama Fiqh explained only practical guidelines in coping with disaster. The other finding is related to the triple epistimology. The point of bayani on both fiqhs are relatively similar, same level and size. The point of burhani on Muhammadiyah fiqh gave deeper understanding than Nahdlatul Ulama fiqh. And the point of irfani neither muhammadiyah nor Nahdlatul Ulama seem to use it. The fact of the differences refers to the basic methodology from both organizations; Muhammadiyah refers from verse and hadith, while Nahdlatul Ulama refers from aqwal ulama, although both of them refer to the verse, hadith and the decree of classical ulama (preachers)
Implementation of Ad-Dararu Yuzalu Principle in the MUI Fatwa on the Law of Global Climate Change Control Khairatun Hisan; Asmuni Asmuni
An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial Vol. 13 No. 1 (2026): July
Publisher : LP2M Sekolah Tinggi Agama Islam (STAI) Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64810/annuha.v13i1.918

Abstract

Climate change has become a global crisis that threatens various sectors of life and the sustainability of ecosystems. In response to this phenomenon, the Indonesian Ulema Council (MUI) issued Fatwa Number 86 of 2023 concerning the Law on Global Climate Change Control. This study aims to analyze the implementation of the fiqh principle of ad-dararu yuzalu (harm must be eliminated) in the substance of the fatwa. The research method used is normative legal research with an usul al-fiqh approach. The primary data source is the text of MUI Fatwa No. 86 of 2023, while secondary data includes usul al-fiqh literature, fiqh rules, and scientific articles related to the environment. Data collection techniques were carried out through literature study and analyzed qualitatively and normatively. The results of the study show that the ad-dararu yuzalu rule is the main theological-juridical basis for identifying the impact of climate change as a form of dharar (harm) that threatens the five basic aspects of maqashid sharia (religion, life, intellect, lineage, and property) as well as environmental sustainability. The implementation of those manifest principles in the prohibition of all actions that damage nature and trigger climate crises, as well as the obligation for governments, businesses, and communities to undertake concrete mitigation and adaptation efforts to maintain ecosystem balance for future generations.
THE RULES OF IJTIHAD AND ITS URGENCY IN ISLAMIC JUSTICE IN INDONESIA (An Analysis of The Book al-Qawā’id al-fiqhiyyah bayna al-aṣālah wa al-tawjīh by muhammad bakr ismail) Ayus Permana; Muhammad Fikri Adrian; Asmuni Asmuni
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11152

Abstract

This research discusses the rules of fiqh related to ijtihad in the context of Islamic justice, with reference to the paper entitled al-Qawāʿid al-Fiqhiyyah Bayna al-Aṣālah wa al-Tawjīh by Muhammad Bakr Ismail. Rules of Fiqh are a basic principle in Islamic law that serves as a methodological guideline in understanding and applying law contextually. In judicial practice, ijtihad plays an important role in resolving cases that are not explicitly regulated in the nash, including in the process of evaluating evidence and making legal decisions. This study uses a literature study method with a descriptive-analytical approach to identify and analyze the relevance of fiqh principles to the ijtihad process in Islamic courts.The results of the study show that principles such as al-ijtihādu lā yunqadhu bi al-ijtihād, al-tarjīḥ lā yaqa’u bikasrat al-’ilal, lā ḥujjata ma’a al-iḥtimāl al-nāshi’ ‘an dalīl, al-waṣfu fī al-ḥāḍir laghwun wa fī al-ghā’ib mu’tabar, and al-ṣulḥu jā’izun bayna al-muslimīn illā ṣulḥan ḥarrama ḥalālan aw aḥalla ḥarāman play a role in maintaining objectivity, rigor, and fairness in decision-making. Thus, a deep understanding of the rules of fiqh becomes an important foundation in directing the practice of ijtihad that is not only valid according to sharia, but also relevant to the dynamics of the law and the need for justice in contemporary society.
Co-Authors Ayus Permana Farkhan Farkhan Kamsi Kamsi Khairatun Hisan Muhammad Fikri Adrian