Yeni Mafiah
Universitas Islam Negeri Salatiga

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The Significance of Al-Ghazali's Maslahah Concept to the Development of Usul Fiqh and Islamic Law Yeni Mafiah; Tri Wahyu Hidayati
AN NUR: Jurnal Studi Islam Vol. 15 No. 1 (2023): Januari-Juni
Publisher : Institut Ilmu Al-Qur'an (IIQ) An-Nur Yogyakarta Komplek PP An Nur Ngrukem PO BOX 135 Bantul 55702 Yogyakarta Tlp/Fax (0274) 6469012. http://jurnalannur.ac.id/

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37252/annur.v15i1.444

Abstract

The purpose of this research was to examine the significance of al-Ghazali's ma?la?ah concept to the development of u??l fiqh and Islamic law. This research method was qualitative with descriptive analytic presentation and the research type was library research. The research result showed that the concept of ma?la?ah al-Ghazali was used in solving problems of Islamic law because the principle in ma?la?ah was maintaining the objectives of Islamic law (maq??id al-syar?‘ah), covering religion, soul, mind, lineage, and property. There were six points of significance of al-Ghazali's ma?la?ah concept in the development of u??l fiqh and Islamic law, namely, the important role of al-Ghazali's ma?la?ah concept in u??l fiqh and Islamic legal thought, al-Ghazali's rejection of the concept of ma?la?ah, al-Ghazali's ma?la?ah had no basis in nas, al-Ghazali's emphasized on preserving the objective objectives of Islamic law, al-Ghazali's ma?la?ah as a tool to weigh the benefits and losses of an action or decision, and al-Ghazali's ma?la?ah determined whether or not an action or decision was permissible. This concept helped the ulama to make decisions that were in line with the principles of Islamic law.
PEMBAGIAN WARISAN SAMA RATA (STUDI KONTEN BUYA YAHYA DI MEDIA SOSIAL YOUTUBE) Yeni Mafiah; Muh. Zuhri
An Natiq Vol 3 No 2 (2023)
Publisher : university Of islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/an-natiq.v3i2.20163

Abstract

The issue of inheritance distribution has often caused debate even since centuries before. This research aims to examine from the perspective of Islamic law the equal division of inheritance. The research method used is qualitative method with library research and content analysis approach. The result of the research is that basically Islam does not recognise an equal division of inheritance. And Islam has regulated in such detail the division of inheritance, as mentioned in the Quran and Hadith. The Quran is a holy book that is used as the main life guide for Muslims to be obeyed to get peace and peace in life. The Islamic inheritance system is very fair, and fair does not mean the same. Through the Al-Bahjah TV channel, Buya Yahya in his content explains that equal distribution of inheritance is also allowed under certain conditions, namely there must be no belief that the provisions for the distribution of inheritance that have been taught in the Al-Quran are unfair, then the next condition is that it is carried out voluntarily by the party with the larger share of inheritance. Buya Yahya emphasised the importance of following the rules of sharia and maintaining peace in the process of dividing inheritance. To minimise the risks of the world and the hereafter, if the inheritance will be distributed equally, then the settlement can also be done with other alternatives before the heir dies, namely by means of a grant contract or will contract. This research is expected to add broader insights regarding the distribution of inheritance equally.