Garuda - Garba Rujukan Digital

ESENSI AL-MASHLAHAH AL-MURSALAH DALAM TEORI ISTINBAT HUKUM IMAM SYAFI'I NOORWAHIDAH, NOORWAHIDAH
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Imam Muhammad bin Idris asy-SyafiI does not use al-mashlahah al-mursalah as one of the methodologies in making his law. He personally believes that the problem of laws, which do not have nas explicitly in the Holy Al-Quran or hadist, can be solved through ijtihad. The ijtihad is qiyas. Imam Muhammad bin Idris asy-SyafiI divides qiyas into three kinds: qiyas aqwa, qiyas musawi, and qiyas adhaf.His concept of qiyas is elastic and flexible enough to be able to solve the problem of laws in every place and time. In qiyas, there is the essence of al-maslahah al-mursalah

URGENSI ILM AL-MAANIY DALAM MENGISTIMBATKAN HUKUM Wahyuddin, Wahyuddin
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/syariah.v13i1.168

One of the causes of the the difference between them in understanding the meanings contained in a word ultimately lead to different interpretations. 'Ilm al-ma'aniy strongly associated with three elements. The first, which convey an idea, secondly, that receive or hear an idea, and third, the condition to convey an idea, who receive or hear an idea. A text cannot be separated from the three elements that convey the text itself, which is received or read the text and the context in which the text was delivered. This is one side lies the significance of the theories (rules) 'ilm al-ma'aniy to resolve legal. on the other side, the Koran is not uncommon uslub (style) that experienced the deviation, like a textual (lafzhiy) uslub shaped al-khabar, but contextually (ma'nawiy) it requires understanding uslub al insya '. Nor vice versa sometimes there are textual Qur'anic verses (lafzhiy) uslub al-insyak shaped, but contextually (ma'nawiy) it requires understanding uslub al-khabar.

SIGNIFIKANSI MAQASHID ASY-SYARI DALAM PEMIKIRAN ASY-SYATIBI TENTANG IJTIHAD Samsidar, Samsidah
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Article try to study about ijtihad as a source of law and decision method and its relationwith maqashid asy-syari that was expanded by asy-Syatibi. Flexibilitas ijtihad can be a solution tosolve a problem in the modern society and as a basic of islamic law reform.

TINJAUAN YURIDIS TENTANG PATEN BERDASARKAN UNDANG-UNDANG PATEN NOMOR 14 TAHUN 2001 Hanafi, Mashunah
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Paten is an intellectual work which is protected by the State through the law or intellectual property rights, given to the inventors for improving their inventions during the period of time. Inventor is a person or a group of people who has the same idea to run the invention as a solution for specific problem in the field of technology that could significantly improve or simply adjust their products and processes.

MANAJEMEN DAN ETIKA PENGELOLAAN ZAKAT MENURUT TINJAUAN SYARIAH SUKARNI, SUKARNI
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

One of the pillars of Islam establishment is implementation of Zakat encashment. Zakatbecome one of the five pillars of Islam which one and others work in synergy. How important zakatis, Allah refers to people who are not fulfilled it as religion liars (Surah al-Ma'un). The importance ofthe Zakat can be seen from the mission of Islamic sharia as the teaching that committed toimplement physical and spiritual welfare, spiritual material. Zakat become instruments tend to thewelfare of the people. In Indonesia, it has entered the consciousness of the state. This was evidencedby the publication of two laws on zakat, Law No. 38 of 1999 and Law No. 23 of 2011 on Zakat. Thispaper explores the management of zakat as a part of the responsibility of the state, in addition tomanagement and ethical management.

ISBAT NIKAH DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM HUBUNGANNYA DENGAN KEWENANGAN PERADILAN AGAMA Zaidah, Yusna
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

As one of the executors of judicial power in the courts in the Indonesian Religious Court is given the jurisdiction over civil causes of Islam, one of which is in the field of marriage. As an Islamic court, the substantive law that is used Islamic law, then it is often defined as fiqh, which are certainly vulnerable difference. To bridge differences and to create legal certainty, as well as to realize the Islamic law, then Compilation of Islamic Law (KHI) was born which positively main themes of Islamic law in Indonesia and as one of the law applied in the Religious Court. Especially with regard to matters of marriage is a matter of legalization of marriage in Islamic Law Compilation qualified as a remedy called "the isbat of marriage". Of a jurisdictional basis isbat marriage cases as authority Religious Court Compilation of Islamic Law is one of the sources of law which raised more detailed reasons filing. Although the Compilation of Islamic Law is not included in the hierarchy of legislation. However, in order to fill the legal vacuum, the provisions governing the confirmation of marriage is considered as a policy that is needed by the religious court as justice of Islam in Indonesia.

QIYAS SEBUAH METODE PENGGALIAN HUKUM ISLAM AZHARI, FATHURRAHMAN
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

As an Islamic law argument, qiyas is a solution to various legal cases which are not explicitlymentioned in religious texts. Imam Syafii is the initiator of the concept of qiyas. In his view, variouslegal cases found in Muslim society which are not obviously regulated in religious texts can be solvedthrough qiyas, either in the form of strong qiyas or weak qiyas. Anybody who knows Arabic, Islamiclaw contained in the Quran, the prophetic tradition, the opinions of the early generation of the ulama,consensus and controversies among them, having high intellectual capacity and sharp analysis inwhich he or she can identify obscured facts, can become an al-qais. the qiyas should consist of fourelements the al-ashl, the original law derived from the text, the al-far, an the legal al-illah. An qiyasshould not go beyond relegious texts, because it is merely an exension of them

ISBAT NIKAH DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM HUBUNGANNYA DENGAN KEWENANGAN PERADILAN AGAMA Yusna Zaidah
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

As one of the executors of judicial power in the courts in the Indonesian Religious Court is given the jurisdiction over civil causes of Islam, one of which is in the field of marriage. As an Islamic court, the substantive law that is used Islamic law, then it is often defined as fiqh, which are certainly vulnerable difference. To bridge differences and to create legal certainty, as well as to realize the Islamic law, then Compilation of Islamic Law (KHI) was born which positively main themes of Islamic law in Indonesia and as one of the law applied in the Religious Court. Especially with regard to matters of marriage is a matter of legalization of marriage in Islamic Law Compilation qualified as a remedy called "the isbat of marriage". Of a jurisdictional basis isbat marriage cases as authority Religious Court Compilation of Islamic Law is one of the sources of law which raised more detailed reasons filing. Although the Compilation of Islamic Law is not included in the hierarchy of legislation. However, in order to fill the legal vacuum, the provisions governing the confirmation of marriage is considered as a policy that is needed by the religious court as justice of Islam in Indonesia.

QIYAS SEBUAH METODE PENGGALIAN HUKUM ISLAM FATHURRAHMAN AZHARI
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

As an Islamic law argument, qiyas is a solution to various legal cases which are not explicitlymentioned in religious texts. Imam Syafii is the initiator of the concept of qiyas. In his view, variouslegal cases found in Muslim society which are not obviously regulated in religious texts can be solvedthrough qiyas, either in the form of strong qiyas or weak qiyas. Anybody who knows Arabic, Islamiclaw contained in the Quran, the prophetic tradition, the opinions of the early generation of the ulama,consensus and controversies among them, having high intellectual capacity and sharp analysis inwhich he or she can identify obscured facts, can become an al-qais. the qiyas should consist of fourelements the al-ashl, the original law derived from the text, the al-far, an the legal al-illah. An qiyasshould not go beyond relegious texts, because it is merely an exension of them

ESENSI AL-MASHLAHAH AL-MURSALAH DALAM TEORI ISTINBAT HUKUM IMAM SYAFI'I NOORWAHIDAH NOORWAHIDAH
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 1 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Imam Muhammad bin Idris asy-SyafiI does not use al-mashlahah al-mursalah as one of the methodologies in making his law. He personally believes that the problem of laws, which do not have nas explicitly in the Holy Al-Quran or hadist, can be solved through ijtihad. The ijtihad is qiyas. Imam Muhammad bin Idris asy-SyafiI divides qiyas into three kinds: qiyas aqwa, qiyas musawi, and qiyas adhaf.His concept of qiyas is elastic and flexible enough to be able to solve the problem of laws in every place and time. In qiyas, there is the essence of al-maslahah al-mursalah

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Rizanizarli

Contact Email
rizanizarli@unsyiah.ac.id

Phone
-

Journal Mail Official
anwar.hafidzi@uin-antasari.ac.id

Editorial Address
Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location
Kota banjarbaru,

Kalimantan selatan

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Rizanizarli

Contact Email rizanizarli@unsyiah.ac.id

Phone -

Journal Mail Official anwar.hafidzi@uin-antasari.ac.id

Editorial Address Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location Kota banjarbaru, Kalimantan selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rizanizarli

Contact Email
rizanizarli@unsyiah.ac.id

Phone
-

Journal Mail Official
anwar.hafidzi@uin-antasari.ac.id

Editorial Address
Jalan Ahmad Yani KM. 4,5 Banjarmasin Kalimantan Selatan

Location
Kota banjarbaru,

Kalimantan selatan

INDONESIA