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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Akhmad Hanafi Dain Yunta
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA), Makassar, Indonesia
Religion

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Keabsahan Tafwīḍ Talak dalam Tinjauan Fikih Munākaḥāt (Studi Komparatif Pandangan Ibnu Qudamah dan Ibnu Hazm) Akhmad Hanafi Dain Yunta; Saifullah Bin Anshor; Moh. Abduh Eing Paramata
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v4i3.1206

Abstract

This research aims to find out and understand Ibn Hazm's views regarding tafwīḍ talak to wives. The type of research used in this research is qualitative descriptive research (non-statistical) using the library research method (literature review). The literature review contains theories that are relevant to the research problem. In this section, an assessment of the theoretical concepts used is carried out based on available literature, especially from articles published in various scientific journals. Qualitative research focuses on the general principles that underlie the manifestation of symptom units that exist in human life. The results of this research found that the discussion on the validity of tafwīḍ talak between the opinions of Ibn Qudamah and Ibn Hazm had differences of opinion, Ibnu Qudamah said that tafwīḍ talak was permissible and that talak was valid based on the word of Allah SWT. in Q.S. al-Ahzab/33: 28-29, hadith of 'Ᾱisyah ra. which was narrated by Muslim and Ijma' which relies on the Ᾱisyah hadith. Ibn Qudamah also believes that tafwīḍ talak is permissible and valid, so when a husband hands over his right to talak to his wife, this right remains the wife's right as long as it is not canceled by the husband. Meanwhile, Ibn Hazm believes otherwise, because according to him divorce is only for men. Ibn Hazm's opinion is more inclined towards the rights and obligations of men as heads of the household, so these rights cannot be given to women.
Studi Analisis Metode Kias antara Mengusap Jaurab dengan Mengusap Khuf Perspektif Fikih Ibadah Akhmad Hanafi Dain Yunta; Abdul Munawir; Iyadh Nazih
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 6 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v2i6.1577

Abstract

This research aims to analyze the method of analogy between wiping over socks and wiping over leather footwear (khuf) from the perspective of Islamic jurisprudence (fiqh of worship). This study falls into the category of qualitative research using the library research method, which involves collecting data from books and previous literature or gathering data from other writings and sources, whether from scientific articles, primary data sources, secondary data sources, and other literature related to the method of analogy. The findings of the research are as follows: First, the type of analogy used in determining the ruling of wiping over socks by analogy with the ruling of wiping over leather footwear is 'illah analogy, by equating the effective cause (illat) of the subsidiary ruling with the original ruling, where the determination of the effective cause is done using the istinbat method through munasabah (suitability). Second, the analogy method used to determine the permissibility of wiping over socks in ablution as a substitute for washing the feet, by analogy with the ruling of wiping over leather footwear, is valid because it fulfills the pillars of analogy and also meets the conditions of each pillar.
Co-Authors Abdul Munawir Iyadh Nazih Moh. Abduh Eing Paramata Saifullah Bin Anshor