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All Journal Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman Jurnal Integrasi Ilmu Syariah (Jisrah) Al Ushuliy
Wardatun Nabilah
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLIKASI PENUNJUKKAN LAFAZ MUTHLAQ DAN MUQAYYAD DALAM EPISTIMOLOGI PENETAPAN HUKUM ULAMA MAZHAB Wardatun Nabilah
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 2 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i2.10475

Abstract

This study wants to examine how the implications of the appointment of lafaz muthlaq and lafaz muqayyad in the determination of law by madhab scholars. This is because the nash of the Quran and hadith were revealed in Arabic, it is necessary to study lafaz to find Allah's message in the establishment of the law. With a qualitative approach in literature research, this study found that there are four implications of using lafaz mutlaq and muqayyad depending on the law and cause of the nash. First, If the object spoken of by the two nashes is the same, and the laws and causes of the nash are the same, then the mutlaq nash is brought to the muqayyad nash. Secondly, if there is a different law and cause, then the mutlaq nash cannot be brought to the muqayyad. Third, if the laws are different but the reasons are the same, then the mutlaq nash cannot be brought to the muqayyad and still practice their respective positions. Fourth, If the laws are the same and the causes are different, then the majority of Hanafiah and Maliki scholars are of the opinion that, nash mutlaq cannot be brought to the muqayyad; while Shafiyya and Hanablah argued that the mutlaq could be brought to the muqayyad
HARMONIZATION OF ISLAMIC ECONOMIC LAW WITH LOCAL CULTURE: STUDY OF THE PETATAH-PETITIH MINANGKABAU Arifki Budia Warman; Riska Fauziah Hayati; Wardatun Nabilah
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 11 No. 1 (2023): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v11i1.1746

Abstract

This paper's main problem is how to harmonize Islamic economic law with local culture, namely in petatah-petitih Minangkabau. This research departs from the Minangkabau religious customary philosophy, “Adat Basandi Syarak, Syarak Basandi Kitabullah”. Customary law and Islamic law as laws that live amid the Minangkabau society. Petatah-petitih, as a classic Minangkabau literature originating from the ancestors of the Minangkabau people, contains values to guide people in their behavior. Using literature study or documentation with qualitative descriptive research method, the research results reveal various harmonies between the values and principles of Islamic economic law with the values contained in petatah-petitih Minangkabau. Thus, the existence of petatah-petitih Minangkabau can play a role in internalizing the values of Islamic economic law in Minangkabau society. Enabling petatah-petitih Minangkabau indirectly also brings to life the values of Islamic economic law in the Minangkabau society.
LEGAL CERTAINTY IN EXPRESSING OPINIONS IN PUBLIC DURING THE INDUSTRIAL REVOLUTION ERA ACCORDING TO POSITIVE LAW IN INDONESIA AND SIYASAH DUSTURIYAH Bambang Nurdiansyah; Sulastri Caniago; Wardatun Nabilah
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12380

Abstract

This research aims to identify and explain the forms of restrictions on freedom of expression on social media and the forms of legal certainty regarding freedom of expression according to positive law and siyasah dusturiyah. In recent years, there have been efforts to narrow the space for expressing opinions, especially through social media. Often, people who express their opinions on social media receive unfavorable treatment after expressing their views. The type of research in this thesis is normative legal research with a statute approach and case approach. The primary data sources in this research are the Quran and Sunnah, as well as laws related to the right to freedom of expression in Indonesia. The data collection technique used in this research involves library research by searching for books, articles, journals, and websites. The data analysis technique in this research is descriptive. The research results show that, first, the forms of restrictions on freedom of expression on social media can be categorized into two forms: indirect and direct. Indirectly, through ambiguous articles in the Electronic Information and Transactions Law (UU ITE) and articles related to insulting the president and the government. Directly, through digital attacks, persecution, terror and intimidation, and criminal reporting or criminalization. Second, the forms of legal certainty in positive law were found to be in three forms: legal certainty guarantees through individual or group rights, legal certainty guarantees through the government's obligation to protect individuals who use their right to freedom of expression, and legal certainty in the form of sanctions against those who attempt to hinder others' freedom of expression. Third, from the perspective of siyasah dusturiyah, there is also legal certainty for freedom of expression through the right to express opinions and the obligation of rulers to protect those who express their views. Based on the research results, it was found that restrictions on freedom of expression have occurred, which will ultimately lead to authoritarian governance. This occurs due to the suboptimal performance of the government, making it averse to criticism and resorting to restricting freedom of expression.However, it prohibits excessive and wasteful consumption patterns, categorized as al-israf behavior.
Co-Authors Arifki Budia Warman Bambang Nurdiansyah Riska Fauziah Hayati Sulastri Caniago