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All Journal BILANCIA Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Agustina Kumala Dewi
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Religion Law, Crime, Criminology & Criminal Justice

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AHLI WARIS PENERIMA RADD DALAM PERSPEKTIF FIQIH MAWARIS (FARAIDH) DAN KOMPILASI HUKUM ISLAM (KHI) Agustina Kumala Dewi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.296

Abstract

Owing to the fact of being a country where Moslem is the majority, it then enables the society to utilize Islamic law. Radd is a bequest distribution problem that affects the remaining properties if all the dzawil furud heirs have obtained their rights. This study aims to know theorem by both scholars and clerics whether they reject radd or receive it. Besides, this paper also will lead reader to comprehend how to deal with Radd according to Islamic Scholar Council and Compilation of Islamic Law, furthermore to understand what kind of Radd concept applied in Indonesia is also going to be explained. As stated by Islamic Scholar Council, Radd solving is to give all dhawil furud with the exception of husband and wife, whereas Compilation of Islamic Law will give all the remaining estate to the beneficiary without any exclusion. Radd concept supposed to be applied in Indonesia is Radd in consideration of kinship in a family since there is transition in responsibility that should be carried out by the heirs’ death without to the neglect of Islamic Scholar Council’s opinion in decission-making.
Abu al-Ma'ali al-Juwaini's Contribution to Maqashid al-Shari'ah Thought in Kitab al-Burhan Fi Ushul al-Fiqh Heru Susanto; Agustina Kumala Dewi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3418

Abstract

This study examines al-Juwaini’s thought on maqashid al-shari'ah and its contribution to the development of the discipline of maqashid al-shari'ah. This study uses a type of qualitative literature research with content analysis. The results of the research are as follows: First, al-Juwaini contributed his thought in the field of maqashid al-shari'ah by formulating the formulation of ushul al-shari'ah. Al-Juwaini uses several terms that refer to the meaning of the shari'a objectives as follows: al-ma'ani, al-hikmah, murad al-shari', al-ghard and al-aghrad, al-mashalih, mahasin al-shari'ah, mathalib al-shari'ah, bughyah al-shari' and mabaghi al-shar', al-kulliyyat and kulliyyat al-shar', al-qa'idah al-kulliyyah and qawa'id al-shari'ah. Second, Al-Juwaini divides ushul al-shari'ah into 5 (five) categories, (1) Shari'ah of the primary category (amr daruriyy) and can be reasoned by aql (ma’qulah al-ma’na); (2) Shari'ah related to general needs (al-hajah al-'ammah); (3) Shari'ah of the tertiary category (makramah) and is not part of amr daruriyy or hajah 'ammah; (4) Shari'ah of encouragement category (mandub) and is not related to the primary (daruriyyah) and secondary (hajiyyah; (5) Shari'ah whose meaning is 'universally (kulli) can be known by ‘aql, but specifically (juz'i) cannot be reasoned. Third, the formulation then became the embryo and foundation for subsequent maqashid scholars such as al-Ghazali and al-Shatibi in the development of the maqashid al-shari'ah as it is known today, namely the concepts of daruriyyah, hajiyyah, and tahsiniyyah as well as the conception of al-daruriyyat al-khamsah. So it can be said that al-Juwaini was the initiator and the first scholar to carry out the conception of maqashid al-shari'ah.
Co-Authors Heru Susanto