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All Journal Islam Futura Jurnal IUS (Kajian Hukum dan Keadilan) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Rechtsnormen LAWPASS Journal of Islamic Education and Law
M. Jafar
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Fair Criteria of Private Vocational School and Witnesses in the Perspective of Ushul Fiqh (Analysis Based on Istislahi and Ta'lili Reasoning) M. Jafar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1963

Abstract

The validity of a marriage, if it is equipped with several conditions, including a fair guardian and witnesses. This is as stated in several Hadith narrations, which clearly state that. However, in practice that is carried out by the community there is confusion regarding the fair requirements of guardians and witnesses. The proof is that all parents remain guardians in the process of their daughter's marriage and everyone can be witnesses in the marriage council. Among the scholars, there were disputes over this issue. The Ulama of the Hanafi School do not require fair guardians and witnesses in the marriage contract, even if a witness is allowed to be a man and two women. Meanwhile, for the other three schools, just guardians and witnesses in marriage are a condition for the validity of a marriage. It's just that there is a slight difference in this matter. The Ulama of the Maliki School, the two male witnesses who are just, may be presented after the marriage contract has taken place to testify that the couple is married. As for the Shafi'i School the requirements are rather strict because the fairness of guardians and witnesses must be clear inside and out. Meanwhile, according to the Hanbali School, it is a little light because the fairness of guardians and witnesses can be seen from the outside (mastur 'is). The condition for the fairness of guardians and witnesses based on istislahi theory of reasoning is to produce benefits in terms of hereditary purity. The purity of the offspring is only obtained through a marriage that is legal according to the rules of the Shari'a. The Sharia has established the validity of a marriage in between with a just guardian and witnesses. Based on the theory of ta'lili reasoning, the validity of the marriage contract is due to the existence of a just guardian and witnesses in the marriage.
The Position of Hadith/Sunna in Understanding the Quran M. Jafar
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3414

Abstract

Most of the verses of the Al-Quran, especially those related to law cannot be put into practice because they are absolute, general, and very broad in understanding. Therefore, the task of the Prophet Muhammad. to explain it to mankind through his words, which are called Hadith/Sunnah. Hadith/Sunnah is the second source of Islamic law after the Qur'an as the first source of law, because the Qur'an is qath'iyah wurud (it must come from Allah) because it is mutawatir (in groups) in its transmission. While the Hadith/Sunnah, some of them are qath'iyah wurud (must come from the Messenger of Allah), namely those that are narrated in a mutawatir manner and some are not qath'iyah wurud, namely the Hadith/Sunnah-sunnah ahad (the narration is one person). The Prophet's explanation. There are several forms of respect to the Qur'an, namely: 1. Detailing the global laws that exist in the Qur'an, such as the obligation to pray in the Qur'an which is global in nature, because it does not specify how many times, how many rak'ahs, and the procedure. 2. Explain the purpose of absolute law in the Qur'an, such as Allah's command to cut off the hands of thieves. 3. Specializing in general laws in the Qur'an, such as regarding the distribution of inheritance. The Qur'an is in dire need of the Hadith/Sunnah to explain the verses that are in outline form. Hadith/Sunnah as bayani (explanatory) for the Qur'an. Without Hadith/Sunnah, the Qur'an cannot be understood perfectly.
Conformity Theory (Munasabah) In Ushul Fiqh M. Jafar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5373

Abstract

In the logic of Islamic law (qiyas) there is 'illat as the reason for establishing a law and justifying an analogy. Imam al-Ghazali included munasabah (conformity) in the category of his masalik al-'illah. Even in his work al-Mustasfa he is more focused and uses more the theory of munasabah as 'illat law. This can be seen clearly in his discussion of the qiyas chapter which was preceded as an introduction to the discussion of istislah (maslahah). Because munasabah has something to do with maslahah. In conformity theory (munasabah) there is al-awsaf munasab (appropriate attributes). Furthermore, this fate is divided into 3, namely: effective fate (mu'atstsir), harmonious fate (mula'im) and odd fate (gharib). Effective munasib (mu'atstsir) is an attribute that is known to be 'illat law based on the statement of the text or the existence of consensus. Munasib in harmony (mula'im) is an attribute that is known to be legal illat not because of a nas or ijmak statement, but because of its conformity with the law. The odd fate referred to by al-Ghazali is a fate that is not in harmony with the genus of law-making acts or there is no comparable example elsewhere.
Co-Authors Adli, M. Adwani Adwani Arifin, Khairani Azhari Yahya Dahlan Iman Jauhari Sembiring, Rinawati Yuliansyah, Riski Yusri Yusri