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Kholish, Fuad Nur
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Law, Crime, Criminology & Criminal Justice

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Dinamisasi Kajian Fikih: Sebuah Konsep Pendekatan Kontekstualisasi Fikih Sebagai Pemecah Problematika Hukum Islam Mahmudi, Muhammad Aly; Masyhadi, Ahmad; Kholish, Fuad Nur
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 1 No. 2 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v1i2.1444

Abstract

The process of gradation about jurisprudence as islamic law seems to be stagnant and stops at the work of classical scholars who are sacred even this sacredness exceeds that of the nash of the original source texts of the Quran and Hadith in terms of the finished legal products presented. This understanding must be immediately broken so that the fiqh itself is not static so that it is dynamic because the understanding of the madhzhab of fiqh itself is dynamic, but this is not understood because the fanaticism of the madhhab is too deep. This article tries to explain the study of jurisprudence with a set of applications so that jurisprudence continues to exist as a solution to the problems of Islamic law, not hindering the development of Islam which is confused with classical social conditions. Using library research methods and quality research methods as normative legal research in this study concluded; first: The solution of the problem of reviving a time-sensitive jurisprudence; Second: The offer of a study of the dynamism of classical Jurisprudence by sticking to manhaj is not a mere product in the matter of jurisprudence. Keywords: Jurisprudence, Dynamic, Islamic Law
Pengembalian Pemberian Lamaran dalam Perspektif Hukum Islam: Studi Kasus Di Desa Sendangagung, Kecamatan Paciran, Kabupaten Lamongan Kholish, Fuad Nur
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.3093

Abstract

According to Sharia, marriage is a strong bond with worship values. The first step is khitbah, also known as proposal. Sendangagung Village, Lamongan Regency, has a unique tradition in which the lady proposes to the man. This practice is passed down from generation to generation through a procession that includes symbolic offerings like food and jewels. This paper study the legal status and consequences of application cancellation in this tradition, both in terms of customary and Islamic law. Qualitative descriptive case study was employed as the method. The findings reveal that the habit of women making proposals does not violate Islamic law because Islam does not require particular parties to apply first. However, if the application is cancelled, there are typical guidelines for returning the handover. The consequence of cancellation is both material and emotional, emphasizing the necessity of ethics and deliberation in resolving these disputes.
Co-Authors Mahmudi, Muhammad Aly Masyhadi, Ahmad