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Journal : AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum

Maqashid Syariah Sebagai Filsafat Hukum Islam: Studi Pemikiran Jesser Auda Agus Indra Cahyadi; Ummarullah Missai; Rosdianto; Muannif Ridwan; Agung Setiabudi
AL-BAHTS: Jurnal Ilmu Sosial,Politik, dah Hukum Vol 2 No 2 (2024): AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/albahts.v2i2.3928

Abstract

The main aim of this research is to dig deeper into Maqasid Syariah as a Philosophy of Islamic Law from the Thought of Jasser Auda. The method used in this research uses the library study method, using various sources of reading material such as books, journals, scientific works and so on. Jasser Auda's thinking attempts to approach Islamic law in various dimensions, which is then called a multi-disciplinary approach. This multi-disciplinary approach includes established methodological aspects formulated by past scholars, such as ushul fiqh, tafsir science, etc. Apart from that, the field approach of philosophy and systems theory is the most significant approach in determining the dynamics of Islamic law. This multidisciplinary approach became known as the maqashid approach formulated by Jasser Auda, namely an approach to fiqh theory that is holistic (kulliyun) and does not limit itself to texts or partial laws. Jassser Auda offers methods in a systems approach as an effort to form a new framework of thinking in understanding Islamic law in the current era. Religious approaches and interpretations are expected to produce legal products that are in accordance with the purposes stated in Islamic law.
AHLI WARIS DAN CARA PEMBAGIAN WARIS BERDASARKAN UNDANG-UNDANG Agus Indra Cahyadi; Umarullah Missasi; Rosdianto; Muannif Ridwan; Agung Setiabudi
AL-BAHTS: Jurnal Ilmu Sosial,Politik, dah Hukum Vol 2 No 2 (2024): AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/albahts.v2i2.3929

Abstract

The main objective of this study is to explain about heirs and their distribution based on the Law. The method used in this study uses the normative juridical method, namely referring to the provisions of positive legal regulations in Indonesia, especially laws and regulations on inheritance law. Talking about inheritance, it is inseparable from the death of a person. Inheritance law is the law that regulates the transfer of assets left by a deceased person and the consequences for the heirs or their heirs. Inheritance according to Islamic Law regulates the principles of inheritance, conditions and pillars of inheritance, heirs, and regulations regarding the amount of inheritance received by the heirs. Sourced from the Qur'an, hadith, ijma' and ijtihad, inheritance according to Islamic Law then developed in the lives of Indonesian society until the enactment of the Compilation of Islamic Law (KHI) as an application of Islamic law in Indonesia, including regarding inheritance. In Islamic teachings, the issue of inheritance plays a very important role. In some Muslim communities, conflicts often arise between fellow heirs regarding the distribution of inheritance. Therefore, it is very important for Muslim communities to know the issue of inheritance in Islam.