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The Critique toward Uṣūl al-Fiqh Literacy of 1890–2023: An Offer for Development Khoir, Tholkhatul; Munawaroh, Lathifah; bin Hassan, Zainudin
Al-Ahkam Vol. 34 No. 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.19595

Abstract

Critique of uṣūl al-fiqh literacy is very crucial. The scarcity of critique can lead to the risk of intellectual stagnation and an inability to address the legal needs of a constantly changing society, simultaneously causing a lack of resonance with reconstructive ideas. The study aims: 1) to explore evidence of the scarcity of studies criticizing uṣūl al-fiqh from 1890 to 2023; 2) to explain the factors influencing the scarcity of critical works, and 3) to propose steps for the reconstruction of uṣūl al-fiqh. The data sources for this article are works collected from web publishers, digital libraries, and search engines. The data obtained was mapped and analyzed, and its trends were recorded. This study finds that during the period 1890-2023, criticism was the rarest aspect in uṣūl al-fiqh literature. The factors causing the scarcity of critique vary and complement each other, involving scholarly elements, uṣūl al-fiqh factors, and surrounding policies. Although criticism of uṣūl al-fiqh is relatively rare, it does not mean there is no space for reconstruction. Through this study, readers can understand the recent developments in uṣūl al-fiqh and assess the extent to which criticism has been undertaken while reflecting on how reconstruction can be initiated once again.
MUHAMMADIYAH’S UṢŪL AL-FIQH IN DETERMINING THE BEGINNING OF RAMAḌȂN AND SYAWWȂL MONTHS Fanani, Ahwan; Khoir, Tholkhatul; bin Hashim, Shahrin
International Journal Ihya' 'Ulum al-Din Vol. 27 No. 2 (2025)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.27.2.29716

Abstract

The different determination of the beginning of Ramaḍȃn and Syawwȃl by Muhammadiyah whis is frequently different from that by The Government has spark heat debat in Indonesian society. The difference stems from criteria used by both Muhammadiyah and Indonesian Government. Muhammadiyah emphasizes the use of the hisȃb as solely media for determining the coming of new Hegira month, while Indonesian government sticks on imkȃn al-ru‘ya, a mix between hisȃb and ru’ya. As a renewal Islamic organization, Muhammadiyah do not belong to any traditional Islamic schools of law, rather it refers directly to Quran and prophet tradition. The use hisȃb, however, is not explicitly stated by both sources, but it is inferred from various Quranic verses. This study aims to describe the uṣūl al-fiqh of Muhammadiyah and and to reveal the use of it in validating the criteria for determining the coming of Ramaḍȃn dan Syawwȃl months. The article is based on qualitative research from interview and literary sources. Data analysis was carried out through data condensation, data display and drawing conclusions and verification. This study shows that the uṣūl al-fiqh of Muhammadiyah is contained in and is part of the Manhaj Tarjih. Manhaj Tarjih is not a configuration of uṣūl al-fiqh rather a religious perspective of Muhammadiyah to deal with religious issues. Uṣūl al-fiqh of Muhammadiyah has not been completely structured, but several basic elements of uṣūl al-fiqh are already in it. The use of hisȃb by Muhammadiyah, both in wujūd al-hilȃl approach or the Integrated Global Hijri Calendar is based on the verses of the Qur'an, the scrutiny of ‘illa (ratio legis/ legal reason) of ḥadīṡ on ru‘ya and the application of uṣūl al-fiqh principles of deductions. The uṣūl al-fiqh employed by Muhammadiyah ini the determination of the coming of Ramaḍȃn and Syawwȃl are based on conventional uṣūl al-fiqh principles, but it chooses specific principles that that allow for adjustments to determine the beginning of Ramaḍȃn and Syawwȃl.
Maslahah Mursalah: A Substantial Effort to Overcome Income and Wealth Inequality in Indonesia Tholkhatul Khoir; Eman Sulaiman
Shirkah: Journal of Economics and Business Vol. 9 No. 3 (2024)
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/shirkah.v9i3.716

Abstract

Income and wealth inequality in Indonesia persists despite efforts by central and local governments to address it. maslahah mursalah provides a strong theoretical foundation for creating policies that are both religious and highly beneficial. This study aims to explain the history of using maslahah mursalahin income and wealth policies, provide evidence of income and wealth inequality in Indonesia, and explore the potential of using maslahah mursalah to address this inequality. This study examines two key facts: the history of maslahah mursalah's policies on income and wealth, and income and wealth inequality in Indonesia. They were obtained from Arabic usul al-fiqhliterature and the analysis of the Gini ratio and palm index. The data were compared to determine the most urgent policy needs and thepossibility of using maslahah mursalah as the basis. This study found that maslahah mursalahhas been widely used in income and wealth distribution policies. Since income and wealth inequality in Indonesia still exists and continues to increase in the ratio, maslahah mursalah willlikely be the basis of settlement policy. This study aims to provide a robust theoretical foundation for the Indonesian government to design and implement maslahah mursalah-based policies to address income and wealth inequality, including human capital development, labour market opening for women, labour rights protection, improved access to finance, social transfer programs, zakat and tax optimisation, housing policy reform, and increased transparency and corruption eradication.