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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Al-Usroh : Jurnal Hukum Keluarga Islam
Sitorus, Khalid
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENOLAKAN DAN PEMBATALAN ASY-SYAFI’I RA TOTAL TERHADAP ISTIHSAN SEBAGAI DALIL HUKUM Adrianto, Adrianto; Haslinda, Haslinda; Sitorus, Khalid
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 01 (2025): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i01.673

Abstract

Background. The total rejection and cancellation of ash-Shafi'i RA against Istihsan as a legal postulate, both Istihsan carried out by Imam Abu Hanifah RA and his disciples and Istihsan carried out by his followers, and Istihsan carried out by Imam Malik RA and his disciples and followers. Purpose. The study examines the rejection and cancellation of asy-Shafi'i RA against Istihsan. Method. This literature study illustrates the rejection and cancellation of asy-Shafi'i RA against Istihsan. Data was collected from various main sources in the form of books and opinions. The data were analyzed descriptive-qualitatively in the form of causal relationships, associative relationships, and comparisons. Result. The rejection and cancellation of ash-Shafi'i RA against Istihsan is the Istihsan of Imam Abu Hanifah which is narrated by his disciples according to Imam ash-Shafi'i RA has caused many legal decisions that are considered strange because they have left the meaning of the Qur'an and sunnah. As for the accusations of Hanafiah scholars regarding istihsan carried out by as-Shafi'i in a number of his ijtihad practices, none of them have been proven to be true. Which means that Imam as-Shafi'i was consistent in his rejection of Istihsan in his ijtihad.
Fuqaha's Views On Siri Marriage Adrianto, Adrianto; Sitorus, Khalid; Farid, Diana; Patronimik, Baktybek; Gussevi, Sofia
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.28

Abstract

Marriage is a sacred institution that is safeguarded by Sharia to ensure fairness, openness and sustainability of the relationship between husband and wife. One of these safeguards is the presence of guardians and witnesses in the marriage contract. Hikmah at-Tasyri' shows that the presence of guardians and witnesses serves as a deterrent to fraud and as a form of strengthening the marriage bond. In fact, the Prophet Muhammad SAW recommended announcing the marriage through a celebration or walimah. This research uses a qualitative approach with a library research method, which examines the opinions of classical and contemporary scholars regarding the importance of the presence of witnesses and publication in marriage. The results show that marriage that is not witnessed, not publicized, and not registered is not permissible. As for marriages that are witnessed by two witnesses but the witnesses have been “ordered” or are not independent, it is ruled makruh by several companions and tabi'in such as Umar RA, Urwah, Abdullah ibn Ubaidillah, Ibn Utbah, Sa'bi, Nafi' (servant of Ibn Umar), as well as imams such as Abu Hanifah, Shafi'i, and Ibn Munzir. Thus, it can be concluded that the presence of witnesses and publication in marriage is a sunnah muakkadah that is highly recommended to maintain the transparency and legality of marriage in the view of sharia.
Co-Authors Adrianto Adrianto, Adrianto Farid, Diana Gussevi, Sofia Haslinda Haslinda, Haslinda Patronimik, Baktybek