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All Journal DIKTUM: Jurnal Syariah dan Hukum Al-Iftah: Journal of Islamic studies and society
Aris Rauf, Aris
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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MAQASID SYARI’AH DAN PENGEMBANGAN HUKUM (Analisis Terhadap Beberapa Dalil Hukum) Rauf, Aris
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.566 KB)

Abstract

This paper studies regarding one aspect of the discussion about the science of usul Fiqhi Maqasid Shariah law and development. The issue is how maqasid role in the development of Shariah law. In the discussion of its principles Fiqhi, one method of extracting law is Shariah maqasid approach. Through Shariah maqasid verses and hadiths law quantitatively very limited amount can be developed to address the problems that arise. Legal development is done by using the method of determination of the law such as qiyas, maslahah mursalah and istihsan. Methods of determination is through maqasid Shariah law.
MAQASID SYARI’AH DAN PENGEMBANGAN HUKUM (Analisis Terhadap Beberapa Dalil Hukum) Rauf, Aris
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.329 KB) | DOI: 10.35905/diktum.v12i1.190

Abstract

This paper studies regarding one aspect of the discussion about the science of usul Fiqhi Maqasid Shariah law and development. The issue is how maqasid role in the development of Shariah law. In the discussion of its principles Fiqhi, one method of extracting law is Shariah maqasid approach. Through Shariah maqasid verses and hadiths law quantitatively very limited amount can be developed to address the problems that arise. Legal development is done by using the method of determination of the law such as qiyas, maslahah mursalah and istihsan. Methods of determination is through maqasid Shariah law.
Judge Consideration of Marriage Dispensation at Sidenreng Rappang Religious Court Sufri, Melda; Said, Zainal; Rauf, Aris
Al-Iftah: Journal of Islamic studies and society Vol 1 No 2 (2020): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

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Abstract

This study explains that applications for marriage dispensation at the Sidenreng Rappang Religious Court have increased from year to year, and in 2019 there were 222 cases. The purpose of this study is to describe the development of the marriage dispensation, analyze the reasons behind the application for a marriage dispensation, and reveal the judges' considerations regarding the intent of the Marriage Law in Article 7 paragraph 2 of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage. This type of research is descriptive qualitative, the research location is at the Sidenreng Rappang Religious Court, for primary data sources, namely copies of decisions, marriage laws, judges, clerks and justice seeking societies and secondary data sources. The results of this study indicate that 1) Marriage dispensation at the Sidenreng Rappang Religious Court, from year to year always increases and in 2019 experienced a very sharp increase; 2) Based on cultural, educational, economic, environmental factors and pregnancy outside of marriage, and 3) Juridical analysis of the legal considerations of the Sidenreng Rappang Religious Court judge regarding the marriage dispensation Law Number 16 of 2019 and based on the rules of fiqhi and maqashid al-Syariah, the reality ignores several administrative requirements that can support judges' considerations to realize and guarantee the best interests of children.
Co-Authors Sufri, Melda Zainal Said