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All Journal Hukum Islam Astroislamica: Journal of Islamic Astronomy
Hanif A'la Ilhami
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Religion Astronomy Law, Crime, Criminology & Criminal Justice

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Proporsionalitas dalam Hisab: Pembacaan terhadap Fatwa Yusuf al-Qaradhawi Hanif A'la Ilhami; Zul Efendi
Astroislamica: Journal of Islamic Astronomy Vol. 4 No. 1 (2025): Astroislamica: Journal of Islamic Astronomy (Juni)
Publisher : Islamic Astronomy Department, Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/astroislamica.v4i1.3350

Abstract

This study aims to explain the form of al-Qaradhawi's support for the use of astronomical calculations, revealing aspects of proportionality in it, and expressing his comments on the views of other scholars who also support calculations. This research is a qualitative research with a literature approach. Al-Qaradhawi supports calculations to be elevated to the status of a method that has legal power and validity. However, his support for calculation is not absolute, but proportional. The proportional aspect that he puts forward is illustrated by his suggestion to use calculation as a tool to deny moon sighting, namely if calculation finds that the moon is completely unobservable, then all moon sighting testimony must be rejected, even sighting does not need to be carried out from the beginning. Limited to this condition, the government can just base its decision on the results of calculation alone. In contrast, under normal conditions, moon sighting must still be carried out, and remains the main method in (itsbat) determining the beginning of the month. Both of these methods –calculation and sighting- have their portion of use according to their respective conditions. Both still have the power as a wasilah, and become a tool for the government to eliminate differences in welcoming the new month in the same country. Differences in the same country, according to al-Qaradhawi is a difference that ghairu maqbul, can not be tolerated. As for the views of Ahmad Syakir - the scholar cited by al-Qaradhawi as a supporter of calculations - al-Qaradhawi made some comments. These comments conclude that calculation must still consider the aspect of moon sighting and cannot stand alone. This shows the difference in views between Ahmad Syakir, a scholar who supports hishab absolutely, and al-Qaradhawi, who supports the use of hishab proportionally.
Proporsionalitas dalam Hisab: Pembacaan terhadap Fatwa Yusuf al-Qaradhawi Hanif A'la Ilhami; Zul Efendi
Astroislamica: Journal of Islamic Astronomy Vol. 4 No. 1 (2025): Astroislamica: Journal of Islamic Astronomy (Juni)
Publisher : Islamic Astronomy Department, Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/astroislamica.v4i1.3350

Abstract

This study aims to explain the form of al-Qaradhawi's support for the use of astronomical calculations, revealing aspects of proportionality in it, and expressing his comments on the views of other scholars who also support calculations. This research is a qualitative research with a literature approach. Al-Qaradhawi supports calculations to be elevated to the status of a method that has legal power and validity. However, his support for calculation is not absolute, but proportional. The proportional aspect that he puts forward is illustrated by his suggestion to use calculation as a tool to deny moon sighting, namely if calculation finds that the moon is completely unobservable, then all moon sighting testimony must be rejected, even sighting does not need to be carried out from the beginning. Limited to this condition, the government can just base its decision on the results of calculation alone. In contrast, under normal conditions, moon sighting must still be carried out, and remains the main method in (itsbat) determining the beginning of the month. Both of these methods –calculation and sighting- have their portion of use according to their respective conditions. Both still have the power as a wasilah, and become a tool for the government to eliminate differences in welcoming the new month in the same country. Differences in the same country, according to al-Qaradhawi is a difference that ghairu maqbul, can not be tolerated. As for the views of Ahmad Syakir - the scholar cited by al-Qaradhawi as a supporter of calculations - al-Qaradhawi made some comments. These comments conclude that calculation must still consider the aspect of moon sighting and cannot stand alone. This shows the difference in views between Ahmad Syakir, a scholar who supports hishab absolutely, and al-Qaradhawi, who supports the use of hishab proportionally.
TA’LIL AL-AHKAM (THE LEGAL ANALOGY) BETWEEN HARTA PUSAKO TINGGI IN MINANGKABAU AND WAQF Hanif A'la Ilhami; Busyro Busyro; Ikhwan Ikhwan
Hukum Islam Vol 26 No 1 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the position of harta pusako tinggi in Minangkabau and the process of ta’lil al-ahkam in relation to waqf property, identifying the similarities and differences between the two. The research employs a qualitative approach, utilizing library sources and interviews, which are then formulated through inductive and deductive reasoning. The findings indicate that Minangkabau scholars analogize harta pusako tinggi to waqf, with particular emphasis on the aspect of legal validity (the permissibility of its utilization). Harta pusako tinggi and waqf are not entirely identical; rather, they share many similarities while also exhibiting several differences. Nevertheless, these differences do not hinder the validity of the analogy. From the perspective of ta’lil al-ahkam, waqf functions as the ashl (principal case), while harta pusako tinggi constitutes the furu‘ (derivative case). The ‘illah underlying this analogy is the characteristic of al-ḥabs, namely the practice of restraining property so that it may provide long-term benefits and prevent various forms of taṣarruf (disposal or transfer) over it. The legal ruling of the ashl is the permissibility of its utilization and legal legitimacy; such property may be used and continuously transmitted to subsequent generations in accordance with the established system. This form of analogy serves as a rebuttal to views that prohibit the utilization of harta pusako tinggi and, instead, reinforces its existence, continuity, and protection from extinction. In this regard, the concepts inherent in waqf can contribute to refining and complementing the existing regulations governing harta pusako tinggi.
Co-Authors Busyro, Busyro Ikhwan Ikhwan Zul Efendi