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Nizham Journal of Islamic Studies
ISSN : 23391235     EISSN : 25417061     DOI : -
Core Subject : Religion, Education,
Jurnal Studi Keislaman merupakan terbitan berkala ilmiah yang diterbitkan oleh Pascasarjana IAN Metro.
Arjuna Subject : -
Articles 261 Documents
MEMAHAMI HADIS MAYIT DI SIKSA SEBAB TANGISAN KELUARGANYA Isa Ansori
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (998.456 KB) | DOI: 10.32332/nizham.v8i01.2123

Abstract

Hadith has an important position as the source of the second law after the Qur'an. It is often found that some of the hadith texts appear to conflict with each other either with the text of the hadith itself or the Qur'an. A person especially a hadith and / or legal expert needs to have the ability to complete the texts of the hadith or the Qur'an which sometimes seem to conflict with one another. The hadith about the deceased was tortured because of the crying of his family, is one example of a hadith that is contrary to the word of God that one cannot bear the guilt of others. With the approach of matan criticism (ilmnaqdal-matan), it is obtained that if the text of the hadith contradicts the Qur'anic texts, then the texts because of their qath'i values ​​must be prioritized. Meanwhile, if resolved using the science of mukhtalifal-hadīth, the conflict can be resolved through two ways, namely: First, through al-jam'u which is to compromise these two conflicting traditions, as practiced by Imam Bukhari who explained that the weeping that causes torture is a cry which is traditionalized and done with lamentation; Secondly, through superstitious means, namely maintaining textual understanding of hadith as understood by Umar and Ibn Umar and ignoring the history of Aisha's traditions, is that the deceased was tortured because of the crying of her family, or choosing the hadith as understood by Aisha by ignoring the understanding of Umar and Ibn Umar , as did the critics of Matan Hadith.
PENYELESAIAN PROBLEM HUKUM MELALUI PENDEKATAN MAQASID SHARI’AH Edi Susilo
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.22 KB) | DOI: 10.32332/nizham.v8i01.2091

Abstract

The Maqasid Shari'ah theory finds its urgency when it is formulated as an alternative to solve various matters related to the formulation of law. Interestingly Maqasid Shari'ah can be transformed in the present context, in the field of law, social and even economic issues, and others. Because indeed the Maqasid Shari'ah theory is formulated to deal with changes, the induction method which is the basis of the theory is the keyword that causes it to be dynamic and can be applied in different contexts. This research is library research. It will explore Maqasid Sharia as a method in istinbath Law. The results of the study are, that Maqasid Shar'iah can be used as an approach in ijtihad to respond to the development of the times by still referring to the al-Qur'an and al-Hadith, by combining particular texts and global intentions. Whereas to find out the Maqasid Shari'ah can be done through istiqra '(taking several samples) for the shari'at applied, and by studying the arguments of the verses of the al-Quran.
BAGIAN WARIS BAGI JANDA DALAM HUKUM KEWARISAN ISLAM DAN KOMPILASI HUKUM ISLAM Dwi Wulandari
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.758 KB) | DOI: 10.32332/nizham.v8i01.2124

Abstract

During this time, science Mawaris only studied in the Islamic legal literature, which is still general science. The distribution of inheritance follows what has been mentioned in the Qur'an and al-Sunnah and there are additions from the ijtihad results of the Companions in the Arab countries. The structure of Indonesian people's life which is different from the Arab community, makes the Islamic Inheritance Law appear rigid and difficult when applied in Indonesia, so that many Muslims in Indonesia prefer adat inheritance law. Through the literature study method, writing examines as well as disseminates information related to the Compilation of Islamic Law that is used to implement Islamic inheritance law in Indonesia that is not widely known by the public. Indonesian ’ulama who have studied mawaris, are trying to formulate Islamic inheritance law by considering the conditions of Indonesian society, so that this Islamic inheritance law can be accepted by Indonesian Muslims. The efforts of the 'ulama bore fruit with the birth of the Compilation of Islamic Law, even though its status is still the President's instruction and has not been made official as a law. But it has been applied in the Religious Courts and is disseminated and reviewed in tertiary institutions.
MASLAHAH SEBAGAI TEORI PENETAPAN HUKUM: TELAAH ATAS KONSEP MASLAHAH IBNU QAYYIM AL-JAUZIYAH Dainori Dainori
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (494.038 KB) | DOI: 10.32332/nizham.v8i01.2092

Abstract

In line with changes and the development of a society that is increasingly rapid, legal issues are increasingly complex. While every legal problem that develops in society is not all explicitly mentioned in the Koran, Hadith or ijma '. Whereas Islam as a religion must always be responsive and present to provide a solution to the growing legal problems. Mashlahah as one method of extracting the law is a suitable solution to address the legal problems that are developing at this time. However, so that the application of the mashlaah to explore and establish a law is not trapped in subjective matters and the interests of lust, then the use of these methods requires caution and understanding of the intact maqasid al-sharia and the use of strict mashlahah in accordance with the criteria that are Ulama 'Usul stipulated in order to achieve and find the law that is truly in accordance with the message of the law maker (shari'a).
SOCIAL DISTANCING UPAYA PENCEGAHAN PENYEBARAN COVID-19 PERSPEKTIF MAQASHID AL-SYARIAH zezen zainul ali
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.989 KB) | DOI: 10.32332/nizham.v8i01.2130

Abstract

Pandemic COVID-19 has shocked the world the number of victims of this virus has also reached a high number, even in Indonesia the spread of this virus has spread over time, meeting the fallen victims saved, keep moving to prevent this virus, one can find by appealing to the public to do social ditance that is spending distance with others and avoiding the crowd, to asking the government to issue such as working from home, eliminating activities that involve many people to spend religious activities, this is a lot of pros and cons in the community, of course, the Muslim community, the reason is that social appeals are reinforced, there are no legal rules in Islam either in the Koran and Hadith. This study uses literature data that is analyzed qualitatively. and will discuss the law of the social using maslahah theory which maslahat is the goal of Islamic law (maqshid al-shariah).
ETIKA PRODUKSI DALAM PANDANGAN MAQASID SYARIAH Agus Alimuddin
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (363.235 KB) | DOI: 10.32332/nizham.v8i01.1720

Abstract

Produksi ialah kegiatan proses menciptakan barang atau jasa yang dilakukan oleh manusia untuk memenuhi kebutuhan konsumen, kegiatan produksi jika tidak memperhatikan nilai etika bisnis Islam maka akan melahirkan eksploitasi pada sumber daya. Produksi yang diiringi dengan nilai etika bisnis Islam pada muara akhirnya akan menjaga nilai keadilan dan moralitas sebagai sarana batasan menuju fallah (kesejahteraan). Dalam penelitian ini menggunakan kajian pustaka dengan metode deskriptif-analisis, penelitian pustaka yakni membaca karya literatur yang berkaitan dengan permasalahan yang menjadi objek diteliti, Penelitian ini mencoba menganalisa etika produksi dalam pandangan maqasid syariah, menurut Abu Ishaq al-Syatibi, ­maqasid dibagi menjadi tiga bagian dharuriyat, hajiyyat, dan tahsiniyat. Dharuriyat sebagai maqasid yang utama tingkat kebutuhannya harus terpenuhi atau sebagai kebutuhan primer. Jika bagian ini kebutuhannya tidak bisa terpenuhi, bisa menyebabkan kesejahteraan manusia saat ini maupun di akhirat kelak tidak akan terealisasi, kegiatan produksi dalam rangka menciptakan kemaslahatan bagi manusia, kemaslahatan itu dapat tercipta jika bisa menjaga dan memelihara seluruh unsur pokok, yakni; agama, jiwa, akal, keturunan, dan harta.
KEDUDUKAN FATWA MAJELIS ULAMA INDONESIA (MUI) DALAM PERSPEKTIF HUKUM ISLAM DAN NASIONAL: STUDI IMPLIKASI FATWA TERHADAP MASYARAKAT Imaro Sidqi; Doli Witro
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.65 KB) | DOI: 10.32332/nizham.v8i01.2103

Abstract

This article discusses the existence of MUI fatwa and its position in Indonesia. So far, people are more likely to use the fatwa law than national law. Many political interests, so that the independence of the fatwa in Indonesia, the MUI fatwa, is doubtful of its integrity. In the context of Islamic law, a fatwa is an essential presence in society, while in national law, a fatwa is only a doctrine whose status is not required to be followed. The deficient legal awareness of the community is a problem in the community because the political influence of the fatwa has a negative impact, so it is feared that it will create a negative thing that lives and develops into a civilization in society. From this writing, it can be concluded that the position of the fatwa is not required to be followed so that public awareness about the law must be socialized by the government so that people can understand. However, if the fatwa is following the constitution, the fatwa can be applied in the law so that the fatwa is not easy to be politicized by any party concerned.
SISTEM KEWARISAN HAZAIRIN DAN TOHA YAHYA OMAR SERTA KONTRIBUSINYA DALAM PEMBENTUKAN UNDANG-UNDANG KEWARISAN DI INDONESIA Miswanto Miswanto; Fathul Mu’in
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3412

Abstract

Until now, Indonesia has adhered to three types of inheritance law, namely Civil Law Inheritance (BW), Islamic Inheritance Law and Customary Inheritance Law. In Islamic inheritance law, it is known that there are two major ideas that are mutually different, namely the thoughts of Hazairin and Toha Yahya Omar. This begins with the use of different methods of interpretation between the two resulting in different legal products. This type of research is library research, descriptive analytic and comparative. As for getting the required data, it is done by searching books or scientific works related to the topic of discussion. After the data was collected, a qualitative analysis was carried out. And finally to draw conclusions, deductive-inductive methods are used. The research results show that Hazairin with his new ijtihad pattern has been able to provide an alternative understanding that is more systematic, coherent and comprehensive with the aim of creating a more universal system without the slightest bit of discrimination in it, namely a bilateral individual inheritance system. Meanwhile, M. Toha Yahya Omar remains consistent with the results of the ijtihad of the Sunni ulama with the Syafii sect, which concludes that the inheritance system which is considered in accordance with the text of the Quran is the Individual Patrilineal inheritance system.
Metodologi Studi Islam (Prinsip-Prinsip Konsumsi Keluarga Dalam Islam) Miftahul Ulum; Atika Ulfia Adlina
Nizham Jurnal Studi Keislaman Vol 8 No 02 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v8i02.2699

Abstract

From the point of view of an economist, an individual is only considered "rational" if he tries to achieve his economic objectives in as many ways as possible. A rational consumer, for example, is a consumer who is trying to maximize satisfaction from the activity of its use. This is because the satisfaction to be achieved is not limited while the resources or capabilities that exist in these consumers in an effort to achieve that satisfaction is limited. As a result, humans are forced to search for and choose the best rules in their paradigm as an effort to seek the highest satisfaction. Therefore, if humans do not make efforts in the framework of the paradigm as mentioned then it will be considered "irrational". However, when referring to Western economic theory, consumer satisfaction depends only on the physical value of the goods used. A consumer will be able to add satisfaction if he can consume wealth as much as possible and with the best quality too. Among the examples of items that are commonly consumed are rice, bread, khamar, clothes, household utensils, and so on. The actions of a Muslim consumer can be considered irrational by Western economists if they assume that satisfaction can only be achieved from the physical value in the consumption activity of a good. If satisfaction is no longer limited to physical value but also includes the spiritual value of the item, then actually the Muslim consumer is still rational because he is still trying to maximize the level of satisfaction in a broader sense. Therefore, Madinah residents who discard khamar as mentioned in this article are actually still behaving rationally based on the values and principles they believe in.
INOVASI PESANTREN DALAM MEMBENTUK KEMANDIRIAN LEMBAGA DAN SANTRI Siti Nurjanah; M. Kholis Amrullah
Nizham Jurnal Studi Keislaman Vol 9 No 01 (2021): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v9i01.3417

Abstract

Pesantren as a place to gain religious knowledge that is simple and does notcharge a lot of money. In facing the times, pesantren are required to beindependent, and santri are also required to be independent when they enter thecommunity. This study aims to reveal the innovations of pesantren in establishingindependence through the results of several studies related to pesantren activitiesin developing and improving the quality of pesantren and their students. Theresults of this study indicate that pesantren provide students with religiousknowledge, entrepreneurship skills, and social skills to prepare students to enterreal life.