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Irwansyahlubis
Institut Agama Islam Abdullah Said Batam
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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TINJAUAN FIQH MUNAKAHAT TERHADAP PERKAWINAN TUNAGRAHITA Irwansyahlubis; M. Sidik; Zenal Setiawan
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Marriage is the desire and desire of every human being. And the Prophet Muhammad was very proud of his people who got married. And let the person you want to marry is a healthy and fertile person. However, no one knows the fate of a person, that not a few people are also suffering from mental retardation and disabilities and so on, or in today's terms called mental retardation. Although people who suffer from mental retardation do not recover from their illness. So that does not mean his heart closed his desire to get married. Because even though they have disabilities and retardation, if their minds are still normal, it can be ascertained that they still want marriage to occur at least once in their life. In general, Islamic law does not prohibit marriage for people who are mentally handicapped or mentally retarded. Because even in the munakahat fiqh review, marriage is said to be valid if the terms and pillars of marriage that have been agreed upon by the ulama are carried out and implemented. On the other hand, if the pillars and requirements are not fulfilled, even though the bride and groom are normal, then the marriage is considered null and void.
HARMONISASI PANCASILA DENGAN AGAMA DALAM PRESPEKTIF HUKUM ISLAM Irwansyahlubis; M. Sidik; Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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The discourse on religion and Pancasila State is actually a classic theme, but it is still relevant as a topic for academic and theological studies. That's because of the variety of schools of thought that develop in seeing the correlation between religion and the state. The first school said that religion and the state are two different entities, so they cannot be equated. And other schools consider that religion is a complete teaching. His teachings have collected the values ​​of life, including the teachings of politics and the state. This school concludes that the concept of the State does not need to be confused with the concepts that already exist in religion. Paradigm differences in interpreting the correlation between religion and the state ultimately lead to wild and varied interpretations. So that the view of both of them raises various poles of views and different paradigms. Meanwhile, the results of this study show that it is undeniable that the two are indeed different entities. But in practice the two are an inseparable unit. Each other has affiliation and complements each other, especially for harmony in religious and state life. Even in Islamic law, there are no boundaries between religion and the state. In fact, Islamic law focuses on the love of the State. And the essence of Pancasila in its most fundamental principle has similarities with the Islamic religion. For this reason, religious leaders and other figures should participate in campaigning for love for the homeland, this can be done through the da'wah pulpit or other forums. Both using the Islamic perspective and with other perspectives.
EKSISTENSI ILMU HUKUM DALAM TINJAUAN KAJIAN EPISTEMOLOGI FILSAFAT Irwansyahlubis; M. Sidik
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Law science is one of the scientific studies whose position and existence are still questioned today. Not a few of the legal experts question the position of legal science as a coherent and fundamental scientific instrument in legal studies. The same question also comes from social scientists, they participate in providing criticism and questions about the existence and essence of legal science. Even so, the existence of legal science as a science is true. Law science itself has its own characteristics, legal science has different characteristics when compared to other sciences in general. Characteristics that become a sign in the science of law include, being normative, practical and prescriptive. Even so, the dynamics that occur in the existence of legal science are still so sticking out until now. So it is very relevant if this paper is presented in the form of a scientific study using a philosophy of science approach. In order to see how the actual existence of law science is, as well as what law science looks like. And the methodology used in this paper is to use literature review. And the theoretical use is to use the epistemology from the branch of philosophy of science
METODE IJTIHAD IMAM ABU HANIFAH DAN IMAM MALIK Irwansyahlubis; Halimatus Adiah; Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.481 KB)

Abstract

Along with the times and technology. As well as the increasingly rapid socio-cultural changes that are increasingly complex on all fronts. So it has major implications for Islamic law in this world. This is marked by the many problems that arise in the midst of the Islamic community. Some of the problems that arise still require ijtihad formulas to determine their legal status. Meanwhile, the Messenger of Allah is no longer there, and the revelation has also been sent down. To find the formulation of Islamic law on issues that have not been determined by law in the Qur'an and hadith. And it is not found in the ijtihad fatwas of contemporary scholars. Then came the ijtihad. As one of the methods used by mujtahid scholars in formulating these contemporary Islamic legal issues. And this method of ijtihad had been carried out during the time of the Prophet and during the time of the Prophet's companions. And the more complex the problem is, the more competent scholars are born who have the competence to perform ijtihad. Among them are Imam Hanafi and Imam Malik. And after being examined, each of these scholars has quite a different model of ijtihad. Imam Abu Hanifah based his thoughts and models of ijtihad on the Koran, sunnah, ijma', qiyas, and istihsan. While Imam Maliki in developing ijtihad, is guided by several sources, namely the Koran, sunnah, ijma', qiyas, qaul shahabi, madinah expert charity, mashalih mursalah, istishab, syaddudz dzari'ah, and syar'u man qablana.
Co-Authors Halimatus Adiah M. Sidik Muhammad Sibawaih Zenal Setiawan