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All Journal Sulawesi Tenggara Educational Journal Muqaranah Arus Jurnal Psikologi dan Pendidikan JEBI (Jurnal Ekonomi dan Bisnis Islam)
Rahmat Hidayat
Universitas Islam Negeri Imam Bonjol Padang
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Muqaranah

 1 
AL-FUQAHA’ AL- SAB’AH; KEUNIKAN MANHAJ IJTIHAD DAN PENGARUHNYA TERHADAP THURUQ AL-ISTINBATH IMAM MALIK Rahmat Hidayat
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v5i2.16934

Abstract

This article discusses the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah and its influence on Imam Malik's thuruq al-istinbath. Al-fuqaha' al-sab'ah are seven scholars of the tabi'in period who are even considered the pioneers of the Ahlu Hadith Madrasa. However, it turns out that their manhaj ijtihad is somewhat different from most ahl al hadith scholars. How is the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah, and its influence on Imam Malik's thuruq al-istinbath becomes a research question in this paper. The results showed that al-fuqaha' al-sab'ah still does not leave the characteristics of the ahl al-hadith scholars who adhere to the zahir al-Qur'an, the Sunnah of the Prophet, qaulu companions, and ijma' ahl Medina. When they don't find answers to problems, they use ra'yu. The use of ra'yu is accompanied by the use of the ijtihad method commonly used by ahl al-ra'yi scholars. This is where the "uniqueness" of al-fuqaha' al-sab'ah lies. Several methods of ijtihad used by al-Fuqaha' al-Sab'ah such as prioritizing zahir al-Qur'an, amal ahlu medina, ijma' madinah scholars, and prioritizing qaulu shohabi over ijma' and qiyas apparently were adopted by Imam Malik as part of his thuruq al-istinbath. Keywords: al-fuqaha’ al-sab’ah, manhaj ijtihad, Imam Malik
KAJIAN WAKAF DALAM KITAB AL-MUHALLA DAN RELEVANSINYA DENGAN KETENTUAN WAKAF DI INDONESIA Rahmat Hidayat
Muqaranah Vol 4 No 2 (2020): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v4i2.16958

Abstract

Theoretical studies of waqf have often featured the opinions of scholars from Sunni schools, such as the Hanafi, Shafi'i, Maliki, and Hanbali schools. While the opinions of other schools of waqf, such as the Zahiri school, which was promoted by Ibn Hazm in al-Muhalla, are rarely studied. The purpose of this study is to find out the provisions of waqf in Kitab al-Muhalla and their relevance to the provisions of waqf in Indonesia. To achieve this goal, the author uses normative legal research that focuses on one book of the Zahiri School. The primary source is Kitab al-Muhalla, while the secondary source is the book or article relevant to this study. The results showed that the discussion of waqf in Kitab al-Muhalla only presents general views on waqf theory such as definitions, waqf objects, waqf ownership, expert waqf and ta'bid requirements on waqf. While specific studies on nazhir (waqf management), waqf management, waqf dispute resolution are not highlighted. Some waqf theories in Kitab al-Muhalla are relevant to waqf provisions in Indonesia, including ownership of waqf property, and expert waqf. While other provisions are not relevant to be applied in Indonesia. This phenomenon is natural, considering that the Zahiri school only sees zahir nash in studying waqf. Meanwhile, waqf studies today focus more on the ijtihadi approach.
Co-Authors Afnibar Afnibar Alwis Fajri Muhammad Kosim Muhammad Zalnur Suharjo Syafruddin Nurdin Ulfatmi Ulfatmi Zulmuqim Zulmuqim