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All Journal NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah
Muhammad Furqon Almurni
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Metodologi Al-Fiqh Al-Muqāran: Pendekatan dan Dampaknya Pada Perbedaan Pendapat Fiqh Wipkil Bashor; Muhammad Furqon Almurni; Sofyan Al-Hakim; Jajang Komaludin; Jajat Sudrajat
IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Vol. 4 No. 1 (2025): Volume 4 Nomor 1 Tahun 2025
Publisher : STAI Al-Mas'udiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69768/ji.v4i1.68

Abstract

This research focuses on exploring the methods used by scholars in studying comparative fiqh (al-Fiqh al-Muqāran), the reasons behind differing opinions among them, and the benefits that can be gained from studying comparative fiqh. Utilizing a literature study approach and descriptive analysis, this research reveals that: (1) The process of comparative fiqh is conducted through comparison and critique of contradictory opinions to achieve scientific clarity, which includes weighing, identifying similarities and differences, investigating the reasons for differences, and finding solutions through compromise or selecting the more argumentatively strong opinion. (2) Factors causing differences in opinion among jurists include differences in qirā’ah (recitations), irāb (grammatical inflection), ḥadīth narrations, text interpretation, sources of legal deduction (istinbāṯ), and methods of integrating and prioritizing contradictory evidence. (3) The benefits of studying al Fiqh al Muqāran include understanding the basic principles of fiqh schools, the ijtihad approach of the jurists, their method of legal reasoning (istinbāt), and their critique of evidence. Additionally, this study aids in developing fiqh skills, expanding the understanding of ijtihad and its flexibility, understanding the ethics of scholars in dealing with differing opinions to reach the truth, and appreciating the strong foundations behind these differences. This research offers significant insights into the importance of comparative fiqh in enriching Islamic understanding, valuing diversity of opinion, and promoting an attitude of tolerance and respect in the discourse of Islamic scholarship.
Carbon Credit Trading: A Juridical and Fiqh Muamalah Review Nuradi, Nuradi; Husnul Khatimah; Jaih Mubarok; Muhammad Furqon Almurni
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol. 11 No. 1 (2025): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v11i1.2046

Abstract

This paper examines carbon credit trading from both juridical and fiqh muamalah perspectives. Carbon trading as promoted under the Kyoto Protocol and the Paris Agreement, has become a strategic instrument for mitigating climate change by assigning value to verified emission reductions. As interest in environmental finance grows, assessing its alignment with Islamic legal principles is increasingly important. This study employs a qualitative library research method using a descriptive-analytical approach. Data sources include national and international laws, classical and contemporary Islamic legal texts, and academic journal articles relevant to the topic. The findings show that, from a juridical perspective, the Emission Reduction Purchase Agreement (ERPA) positions carbon credit trading within the framework of civil law, especially in contract and property law domains. From the fiqh muamalah perspective, carbon trading can be interpreted through the concept of ijarah bi al-manfa’ah, where the tradable benefit is the certified reduction of emissions. In this context, countries or companies engaged in reforestation or low-emission initiatives provide measurable environmental services to higher-emission entities, who compensate them financially. The study concludes that carbon credit trading, when implemented with transparency and fairness, aligns with both legal and sharia principles. The novelty of this research lies in its integrative analysis, offering a conceptual bridge between modern environmental policy and Islamic commercial jurisprudence, providing insights for regulators, Islamic finance institutions, and policy-makers seeking to develop sharia-compliant environmental instruments.
Co-Authors Husnul Khatimah Jaih Mubarok Jajang Komaludin Jajat sudrajat nuradi, nuradi Sofyan Al-Hakim Wipkil Bashor