Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora
Zen, Akhyar
Unknown Affiliation
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Analisis Hukum Syuf’ah dalam Mazhab-Mazhab Fikih Dermawan, Haris; Yuslem, Nawir; Zen, Akhyar
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8995

Abstract

Syuf'ah is a legal institution in transactions aimed at protecting joint owners from potential losses resulting from the transfer of rights to third parties. This article examines the views of Islamic jurisprudence schools regarding the subject, object, and conditions for implementing syuf'ah, and analyzes the similarities and differences in the opinions of scholars. This research uses a juridical-normative method through a literature review of hadith evidence and the opinions of jurists. The study results show that all schools of thought agree on the validity of syuf'ah based on authentic hadith. This similarity of opinion is evident in the basic requirements of syuf'ah, namely joint ownership, an undivided object, immediate demand, and payment at the same price. Differences of opinion arise in determining the subject and object of syuf'ah, particularly regarding the extension of rights to neighbors and the scope of property, which are influenced by differences in istinbath methods, particularly the use of qiyas. This study confirms that the differences between schools of thought are methodological and do not eliminate the main objective of syuf'ah as an instrument to maintain public welfare, legal certainty, and justice in joint ownership.
Co-Authors Dermawan, Haris Nawir Yuslem, Nawir