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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Kajian Keislaman Kawanua International Journal of Multicultural Studies Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Misbah Khusurur
Universitas Nahdlatul Ulama Al Ghazali Cilacap
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dynamics of Mabims Criteria in Preliminary Determination of Kamariyah: Maqasid Syariah Analysis of Accuracy and Istbat Session Decisions Suleman, Frangky; Khusurur, Misbah; Alwi, Bashori; Muhajir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6209

Abstract

MABIMS is a method and concept in determining the initial Kamariyah and producing a decision, the Isbat session held by the Ministry of Religion plays an important role in this process where this paper will analyze the determination with a focus on the accuracy and decisions taken from the Isbat session, through the Maqasid as-Shariah approach. This research explores how the MABIMS criteria can fulfill Sharia objectives in maintaining the benefit of the people. This analysis includes an evaluation of the hisab and rukyat used, as well as their implications for the unity of Muslims in the Southeast Asia Region. The results of this research show that even though there are differences in views, the maqasid as-syariah approach can be a basis for reaching more accurate and widely accepted decisions. The method used in analyzing legally a determination made by the state, this approach is used that the initial determination of kamariyah in Indonesia is a complex process involving various aspects of law and regulation. So from the study it can be concluded that the policy of the state leader is something that has been thought about for the benefit of many people with the principle of fiqh rules, namely: tassharuf al-imam ala arra'iyyah manuthu bil mashlahah.
The Hijriyah Calendar Perspective Islamic Law: What and How? Khusurur, Misbah; Istikharoh, Istikharoh; Afiqi, Muhammad Anis; Muhajir, Muhajir; Wirayudha, Mickael Jordan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3763

Abstract

In various countries with a Muslim majority population, the use of the Hijri calendar in Islamic law has significant implications. This calendar affects legal practices such as the determination of the start of Ramadan, family law, prayer times, and religious celebrations. However, there are differing opinions and challenges in harmonizing Islamic legal provisions based on the Hijri calendar with national positive law. The purpose of this research is to identify the significance of using the Hijri calendar in the context of Islamic law and to understand how its use adapts to changes in time and globalization. The research method used is normative legal research with a legislative approach and the analysis of legal documents and legal literature to identify the use of the Hijri calendar in Islamic law. The data analysis technique used is a qualitative approach to answer research questions about the contribution of the Hijri calendar to Islamic law and its adaptation to changes in time and globalization. The results of the research show that the use of the Hijri calendar in Islamic law has significant impacts, including the determination of the start of Ramadan, influence on inheritance law, determination of prayer times, and commercial transactions. Furthermore, the Hijri calendar reflects the religious and cultural values in Muslim society, although there are challenges regarding the recognition of Islamic law in different legal contexts. This research highlights the importance of a thorough understanding of the use of the Hijri calendar in Islamic law. Additionally, the adaptation of the Hijri calendar to changes in time and globalization involves changes in determining the start of Ramadan, its use in civil law, adjustment to time zones, its role in international agreements, and dealing with conflicts with the Gregorian calendar
Co-Authors A.A. Ketut Agung Cahyawan W Afiqi, Muhammad Anis Bashori Alwi Irkham Taefuri Istikharoh Istikharoh Istikharoh, Istikharoh Jaenal Arifin Karimullah, Suud Sarim Kuklienė, Lina Mickael Jordan Wirayudha MUHAJIR Muhajir Muhajir Muhajir Muhajir, Muhajir Muhammad Anis Afiqi Muslihun Muslihun Ratna Komala Siripipatthanakul, Supaprawat Suleman, Frangky Wirayudha, Mickael Jordan