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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam Al-Mu'tabar
Rendy Dwi Hermanto
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Konsep, Batasan dan Implementasi Penalaran Istislahi dalam Penerapan Hukum Keluarga Islam di Indonesia Sheyla Nichlatus Sovia; Rendy Dwi Hermanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 2 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i2.1359

Abstract

New issues and phenomena that require legal certainty also develop along with the development of the times and the social context. The Qur'an and Sunnah, which only contain legal issues implicitly, require mujtahids to dig up the law with several methods, one of which is maslahah mursalah or istislah. This research tries to explore matters related to istislahi reasoning, starting from the concept, and limitations, to its implementation in the application of Islamic family law in Indonesia. This research uses a descriptive method with a critical review. The research results show that maslahah mursalah is basically based on preserving the purpose of syariah by taking benefits and rejecting harm (mafsadah). The limitations of this maslahah are: it is not merely conjectural so that it must produce benefits and reject harm (mafsadah), it is general, and it does not conflict with the principal rules of syara'. Thus, the application of the istislahi method in the formation of law is very necessary to face new problems and phenomena that require legal certainty.
Ilmu Mukhtalif Al-Ḥadīṡ: Pendekatan dan Metode Penyelesaian Sheyla Nichlatus Sovia; Rendy Dwi Hermanto
Al-Mu'tabar Vol. 4 No. 1 (2024): Al-Mu'tabar
Publisher : Program Studi Ilmu Hadis STAIN Mandailing Natal

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Abstract

The theoretical study of the contradictions that exist in the hadiths of the Prophet s.a.w. has begun since the 2nd century Hijri. The existence of mukhtalif (contradictory) hadiths regarding a particular problem, practically can cause confusion in taking certainty of the teachings (legal provisions) that regulate the problem, which of them must be followed and practiced. In order not to be trapped in understanding hadiths that appear to be contradictory, it is necessary to discuss a study of hadith, namely the Mukhtalif al-Hadīth and its resolution. Mukhtalif al-Hadīth is a science that seeks to bring together (talfīq al-hadīth) several hadiths that contradict their meaning. Included in the definition of mukhtalif hadith are hadiths that are difficult to understand because of the existence of difficult-to-understand words. This article attempts to explore matters relating to the Mukhtalif al-Hadīth as well as its approach and method of solution so that readers can draw conclusions not to rush to reject hadiths that are considered contradictory before actually conducting in-depth verification.
Co-Authors Sheyla Nichlatus Sovia