Khazanah Hukum
Vol 3, No 3 (2021): Khazanah Hukum Vol 3, No 3 November (2021)

THE RATIO OF MAUQUF HADITH AND COMPANIONS' IJTIHAD IN ISLAMIC LAW ISTINBATH

Wahyudin Darmalaksana (UIN Sunan Gunung Djati Bandung)



Article Info

Publish Date
04 Apr 2023

Abstract

This study aims to discuss the ratio of mauquf hadith and ijtihad of friends in the case of mut’ah marriage being forbidden. This research uses a qualitative approach with descriptive methods. The results of the research and discussion show that the ijtihad of Umar ibn al-Khathab's friend regarding mut’ah marriage is a mauquf haqiqi hadith as the ratio of ijtihad mutlaq mustaqil and is a famous mauquf hadith as the ratio of ijtihad jamai', and the ijtihad of Umar's friend is the atsar of the Prophet SAW. the mauquf lafdzi category which is marfu hukmi because it has the support of the Prophet's provisions. This study succeeded in concluding that there is a ratio between the mauquf hadith and the ijtihad of a friend in the case of Umar ibn al-Khatthab's ijtihad in the Shari'a prohibiting mut’ah marriage which is accepted as an argument for Islamic practice.

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Journal Info

Abbrev

kh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an ...