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All Journal Britain International of Humanities and Social Sciences (BIoHS) Journal Al-Manahij : Jurnal Kajian Hukum Islam
Alimuddin Hasbi
Institut Agama Islam Negeri Lhokseumawe
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of the Maqāṣid Al-Syarī‘Ah in Reasoning Islamic Law Alimuddin
Britain International of Humanities and Social Sciences (BIoHS) Journal Vol 1 No 2 (2019): Britain International of Humanities and Social Sciences, October
Publisher : Britain International for Academic Research (BIAR) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/biohs.v1i2.42

Abstract

This paper aims to present several theories about how important to understand maqāṣid al-syarī‘ah when someone wants to study a law in Islam, someone cannot be separated from that context. Maqāṣid al-syarī‘ah is a barometer or the main standard of consideration in the formulation of shari'ah with the aim of benefit the Ummah, and Islam consistently makes maqāṣid al-syarī‘ah in all its rules. The thinking of Ibn ‘Āsyūr about maqāṣid is built on this principle, that it’s imperative to accept the concept of ta‘līl. The theory of maqāṣid rests on three basic concepts; (a). Maqāṣids are sometimes qath‘ī and ḍannī (assumptive). (b). Maqāṣid ‘āmmah and khaṣṣhah (c). Al-maqām, al-istiqrā ’and distinguish between waṣilah and purpose in the application of fiqh law. Every phenomenon that has great potential for maslahah it can be stated to be included in the maqāṣid al-syarī‘ah. On the other hand the human need is not to know the maqāṣid al-syāri‘ itself, but to find a law for a new case that has no prescribed text. Ontology of maqāṣid al-syarī'at al-khāssah is also a value, because knowing the law for that case is complete with the text, now the needed for a new case, so the ontology of maqāṣid al-syarī'ah in this dimension is a transcendent value to refer when conducting tahqīqal-manāt.
Zakat Tanaman Menurut Ulama Dayah Aceh Perspektif Maqasid al-Syari'ah Alimuddin Alimuddin; Harjoni Desky
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (868.559 KB) | DOI: 10.24090/mnh.v12i2.1360

Abstract

This study examines the reasons for Achehness Ulama of Dayah regarding plants and seeds that are subject to zakat. How the logic of thinking used by these ulama and their relationship with maqāṣid al-syarī‘ah (syariah legal purposes). This research focuses on the legal substance of zakat as intended by the Qur’an and Hadith, then it is analyzed from the side of maqāṣid al-syarī‘ah. The results of this study indicate that Acehnese Ulama argues that zakat of plants is only rice or a kind of staple food, on the grounds that it is a staple food of a country’s population, which has filling properties and can be stored and lasted. Other plants such as oil palm, cocoa, coffee, even though they are productive they are not zakatable wealth, because they do not meet these criteria. The legal reasoning of the Acehness Ulama uses the deductive method with the bayani (language) approach. On the other hand, the Acehness Ulama does not deny that the search for maqāṣid al-syarī‘ah can be done through in-depth study, but it is not yet certain that the obligations of zakat on productive plants can be formulated through this approach, so they reject it. According to them, the command of zakat can only be understood from the side of ta‘abbudī (worship approach), not through ta‘aqqulī (resourceful approach).
Co-Authors Harjoni Harjoni