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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Hanafiyah Hanafiyah
Lecturer at Al-Aziziyah Islamic Religion Institute (IAI) Samalanga
Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Method of Instinbāth Law of Money Waqf Abu Hanifah Immediate Perspective Mustafa Kamal; Hanafiyah Hanafiyah; Nainunis Nainunis; Safrizal Safrizal; Munawir Munawir; Saipul Bahri
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 2, No 1 (2019): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v2i1.198

Abstract

This research should be done to find out how to explore and understand the contents of the text (Instinbāth pattern) of waqf legal money from the perspective of Imam Abi Hanifah. This research rests on the Instinbāth theory of Islamic law in establishing laws for the next generation. The library research uses descriptive analytical methods. The approach used in this study is referring to usul fiqh and Maqāshid al-Syāri'ah. These two approaches are used to analyze how the pattern of Instinbāth of law, as well as the constructs of the fiqh thought of Imam Abi Hanifah. From this study it can be concluded that: the pattern of istinbāth of Imam Abu Hanifah, first, in terms of coverage of nāsh from the three sources of waqf law (Q.S al-Māidah: 103, the narrative of Ibn Masūd, and the hadith of ibn 'Abbās)) dhahir lafadh al-nāsh shows the lack of encouragement of muamalah by carrying out the action of "al-Habsu" (waqf), because he can match the habits of Arab Jahiliyah who are used to the practice of Bahira, Sāibah, Washīlah, and Hām as explained in the Qur'an. Both istinbāth al-Ma'āny, through the approach: Isyārah al-Nāsh, dilālah al-Nāsh, and Iqtidhā 'al-Nāsh (analysis of the relevance of the meaning) according to Imam Abu Hanifah it can be understood that mu'amalah waqf does not contain' luzūm contract '( where an object that has been represented remains in the possessor's ownership with his tasharruf rights). On the basis of this istinbāth according to Imam Abu Hanifah cash may be represented, because in principle the mawqūf (waqf object) remains in the power of belonging to the apostle.
Co-Authors Munawir Munawir Mustafa Kamal Nainunis Nainunis Safrizal Safrizal Saipul Bahri