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All Journal Jurnal Hukum Respublica Legitima : Jurnal Hukum Keluarga Islam Jotika Research in Business Law
Zulfahmi Bustami
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Ijtihad Bayani Sebagai Metode Penemuan Hukum Islam andrizal, andrizal; Mawardi, Mawardi M Saleh; Zulfahmi Bustami
Jurnal Hukum Respublica Vol. 22 No. 2 (2023): Jurnal Hukum Respublica
Publisher : Faculty of Law Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/respublica.v22i2.13155

Abstract

The discovery of Islamic law is also known as the Al-Bayan law discovery method which includes efforts to understand the sources of legal guidance or tasyri', namely the Qur'an and As-Sunnah. These two main sources are references in establishing law. As the main source in legal development, it must be well understood, so that legal issues can be solved appropriately. So the purpose of this article is to discuss ijtihad bayani as a method of discovering Islamic law. This type of research is library research. The method used in this article is descriptive qualitative. The results of this study state that bayani reasoning in Islamic law is to explain the meanings contained in the texts of the Koran and hadiths as one of the objectives of transmitting shari'a to mankind. The form of bayani reasoning in Islamic law is a basic competency that must be possessed by mujtahids in carrying out ijtihad in all conditions and times.
PENERAPAN DALIL MUTTAFAQ DALAM PENEMUAN HUKUM ISLAM PADA HUKUM POSITIF DI INDONESIA Miftahul Haq; Mawardi M. Saleh; Zulfahmi Bustami
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.128

Abstract

The application of Positive Law in Indonesia, especially in the practice of Religious Courts, can legal discoveries still be carried out therein. The object of this research is related to the discovery of Islamic law in realizing justice based on the belief in the Almighty God, so the author uses a qualitative normative juridical research approach. The results of the research look at positive law in Indonesia, such as Law Number 7 of 1989 as most recently amended by Law Number 50 of 2009 concerning Religious Courts, and Law Number 48 of 2009 concerning Judicial Power, confirming that: Justice is carried out "FOR JUSTICE BASED ON BELIEF IN THE ALMIGHTY GOD, which can be interpreted as a judge must have the courage to interpret, create, shape and find the law as a solution to make justice based on the Almighty Godhead a reality, fair for justice seekers, especially for religious court judges in their decisions starting by saying Bismillah Hirokhman Hirokhim which is followed by the sentence "For the sake of justice based on belief in the Almighty God; Judges at Religious Courts are not only fixated on the regulatory texts contained in positive legal rules (laws), but judges at Religious Courts must also carry out legal discovery (rechtvinding), by way of Religious Court judges using methods of interpreting laws. laws such as interpretation according to language, historical interpretation, systematic interpretation, teleological/sociological interpretation, authentic interpretation, extensive interpretation, restrictive interpretation, analogous interpretation, argumentus a contrario interpretation, taking into account the rules in forming the discovery of Islamic law or Islamic fiqh which is based on the Al-Qur'an, Sunah Rasulullah, Al-Hadith, Ijma', Qiyas, Istishlal, ihtisan, and al-urfu and as a source in the method of discovering Islamic law, the first is the Istinbath method and the second The ijtihad method is inseparable from the process of determining texts (texts) both from the Al-Quran and from the Sunnah, where in determining these texts of course one must also pay attention to the application of the muttafaq propositions in them or the agreed source of Islamic law (Muttafaq), which comes from Al Qur'an, Al Hadith, Ijma', Qiyas.
Analisis Kritis Pasal 156 (C) KHI Mengenai Pemindahan Hak Asuh Anak dalam Konteks Penelantaran oleh Ibu: Perspektif Maqāshid Al-Syarī’ah Kurniawan, Mitra; Zulfahmi Bustami; Sofia Hardani
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.3828

Abstract

Purpose – This study aimed to perform a critical analysis of Article 156 (c) of the Indonesian Compilation of Islamic Law (KHI), which exhibited a legal loophole. The article failed to clearly and unequivocally address the situation where the mother might be capable of caring for the child but the father, despite having the means, refused to provide support. Consequently, in cases where the mother lacked sufficient income, the child could be left abandoned. Methods – This research falls under the category of literature review within the field of Islamic studies, employing a qualitative normative approach. The methodology utilized for data processing and drawing conclusions was content analysis. Findings – The findings of the study underscored the necessity of examining the aforementioned issues through the lens of maqāshid al-syarī'ah, as they are intricately linked to the question of whether the mother's custody should be upheld or if it is more beneficial to transfer it to the party with similar custodial rights. This perspective is crucial as it considers the overarching objectives and principles of Islamic law, guiding the decision-making process towards outcomes that align with the broader aims of justice, welfare, and protection of the child's best interests. Research implications –The theoretical implications encompass the potential expansion of concepts and legal thoughts in Islamic law concerning the protection of children's rights, and provide a foundation for critical reflection on existing legal frameworks. Thus, the research findings may aid in the development of a more inclusive theory of Islamic law that aligns with principles of humanity and justice. Top of Form Originality/value – This study addresses a notable gap in Indonesian Islamic law concerning child custody rights, specifically regarding maternal abandonment. By critically analyzing Article 156 (c) of the Indonesian Compilation of Islamic Law (KHI), the research identifies a legal loophole affecting children's welfare when mothers lack sufficient support. Unlike previous studies, this research integrates maqāshid al-syarī’ah principles, offering a comprehensive perspective.
Co-Authors Andrizal, Andrizal Kurniawan, Mitra Mawardi M. Saleh Mawardi, Mawardi M Saleh Miftahul Haq Sofia Hardani