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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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2025 Fuqaha's Views On Siri Marriage Adrianto; Sitorus, Khalid; Farid, Diana; Patronimik, Baktybek; Gussevi, Sofia
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

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

Abstract

Hikmah at tasyri’ which can be understood in order to maintain the strength of the marriage bond fraudulent actions by one of the parties then the marriage must be attended by guardian and witness even in order to strengthen the existence of two witnesses prophet once advised friends to announce their marriage which was done by throwing a party This research uses qualitative approach with library research The research results show unwitnessed and unpublicized marriages and not recorded is not allowed and a marriage witnessed by both witnesses but witnesses was ordered to be punished makruh there is Umar RA, Urwah, Abdullah ibn Ubaidillah, Ibnu Utbah, Sa’bi dan Nafi’ sahaya Ibnu Umar. Meanwhile, among the para Tabi’in is Abu Hanifah, Syafi’i dan Ibnu Munzir. And law of witnesses and publicize in marriage is sunah
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.
Co-Authors Adrianto Farid, Diana Gussevi, Sofia Haslinda Haslinda, Haslinda Patronimik, Baktybek