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Journal : Taruna Law

Sejarah Empat Mazhab Islam dan Eksistensinya di Indonesia Alfatoni, Muhammad Aqil; Ni’matul Wasih, Imelda; Hikmal Akbar, Mohammad; Nur Niba, Nadia Oktavia
Taruna Law: Journal of Law and Syariah Vol. 2 No. 02 (2024): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v2i02.196

Abstract

Islamic law as we know and understand it has undergone several phases. Starting at the time of the Prophet untilnow. The Prophet has laid the foundation of the law which is upheld by the companions. This research the authorwants to know why many Indonesian people prefer to apply or use the Shafi'i Madzhab. This paper uses empiricallegal methods, with a qualitative approach and historical approach. The data collection technique that the authoruses is a questionnaire distributed to 33 respondents regarding why the general public applies more teachings from the Shafi'i madhhab and through journals and books, so that in this paper using qualitative research. The four main Sunni madhhabs have characteristics that distinguish each other in their interpretation of Islamic law. Despite their differences, the four madhhabs share the same goal of providing legal guidance to Muslims and maintaining the unity of the ummah. The methodology used by the four madhhab imams is certainly different in determining Islamic law. In Indonesia, the Shafi'i madhhab is the most dominant. The majority of scholars, Islamic boarding schools, and Islamic religious education institutions in Indonesia follow the Shafi'i madhhab in interpreting Islamic law. This is influenced by the history of Islam in Indonesia, where most of the spreaders of Islam in Indonesia were of the Syafi'i school of thought.
PEMAHAMAN DASAR DALAM HUKUM ADAT Alfariel, Enru Achmad; Abidin, Farah Arthanevia; Wardana, Mahendra Kartika; Alfatoni, Muhammad Aqil
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.464

Abstract

Indonesia is a country with a very large diversity of indigenous tribes, and in each indigenous tribe in each region there are differences in the laws used in dealing with problems that occur in the respective regions of the indigenous tribe. The large number of indigenous tribes in each region gave rise to this article to provide practitioners with an understanding of fundamental knowledge about customary law in the territory of Indonesia. This study uses a juridical-normative method with a conceptual approach and a study of laws and regulations. The results of this study emphasize the importance of understanding the concept and definition of customary law itself. In addition, this article also highlights that customary law communities still maintain the validity of customary law until now because they believe that decisions made through customary justice mechanisms against a violation are able to present a sense of justice. Not only that, customary justice is also considered capable of restoring social and spiritual balance that is disturbed due to customary violations. And also with the many cultural diversities in Indonesia, it also provides differences related to the understanding or definition of customary law in each region, so that in this article there is how to define customary law in the Bugis and Minangkabau regions. Of course, both regions also provide different definitions regarding what customary law is and also in the process of forming customary law itself there are several stages which are also discussed in this writing.