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Muhammad Yusqi
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INDONESIA
MAQASHID : Jurnal Hukum Islam
Published by Universitas Al-Qolam
ISSN : 26139758     EISSN : 26854619     DOI : 10.35897
Core Subject : Religion, Education, Social,
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal MAQASHID merupakan jurnal ilmiah yang diterbitkan oleh program studi Ahwal al-Syakhsiyah Institut Agama Islam Al-Qolam, terbit dua kali dalam satu tahun. Sebagai sarana pengembangan intelektual dosen dan civitas akademik pegiat hukum Islam. Redaksi menerima artikel ilmiah maupun hasil laporan penelitian yang relevan dengan tema dalam jurnal ini, yaitu hukum Islam. Naskah yang dikirim adalah naskah yang sesuai dengan pedoman penulisan artikel jurnal MAQASHID
Arjuna Subject : Ilmu Sosial - Hukum
Articles 180 Documents
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RELEVANSI HUKUM MENGHADIRI UNDANGAN WALI MATUL ‘URSY DI ERA MODERN: Perspektif Syekh Ibrahim Al-Bajuri Ummu Sa’adah; Ilham Rosady , Muhammad
MAQASHID Jurnal Hukum Islam Vol. 6 No. 2 (2023): Nov 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i2.1008

Abstract

This article will discuss a little about the implementation of the wali>matul 'ursy in the modern era, especially regarding the legal relevance of attending the wali>matul 'ursy invitation. In the current era, it is not uncommon for us to find cases that are actually prohibited by the shari'at but are generally accepted in modern society, these cases can actually become an obstacle to our obligation to attend the wali>matul 'ursy invitation, it could even be unlawful, in the sense that we can get sin for attending the event. This problem is rarely paid attention to by society in general, especially ordinary people who live far from the scientific world, especially in the field of shari'ah. Therefore the author will thoroughly examine this matter with a brief, concise and clear explanation. This type of research is library research using a descriptive qualitative approach. The data sources that the writer uses are turas books maz|hab Syafi'i, namely the Book of Hasyiyah al-Bajuri as the primary data source in this study. As a result of the research, the authors found the fact that the law of attending wali>matul 'ursy is conditionally obligatory. This means that if it does not meet the requirements then the obligatory law will move to permissible, makruh and even unlawful law.
KUALITAS HADIS SHAHIH, HASAN, DHAIF SEBAGAI HUJJAH DALAM HUKUM ISLAM Wahab, Fatkhul
MAQASHID Jurnal Hukum Islam Vol. 6 No. 1 (2023): Mei 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i1.1009

Abstract

As the second source of Islamic law after the Qur'an, Hadith is divided into three, namely Sahih, Hasan and Dhaif Hadith. Sahih hadith is a hadith that fulfills the conditions: Sanad hadith is continuous, the narrator is fair, dhabith, not syadz and safe from 'illat. Hasan Hadith is a hadith that has the following criteria: Sanad is continuous, the transmitter is fair. dlabith, not syadz and not violating the history of more tsiqah narrators. Dhaif hadith is a hadith that does not meet the requirements of qabul. This is due to: Defects in the narrator and the discontinuity of the sanad. On this basis, this research was conducted with a focus on: What is the position of Sahih, Hasan, Dhaif Hadith as Hujjah in Islamic Law? This research is a literature study with a qualitative descriptive approach using the Content Analysis method. The findings in this study are the practice of Sahih, Hasan and Dhaif Hadith. Scholars agree that the Hadith Sahih and Hasan must be practiced except according to Imam Bukhari and Ibn 'Arabi, Hasan Hadith cannot be practiced. Meanwhile, there are 3 madzhabs of Dhaif Hadith: (1) It is permissible to practice absolutely, both in fadhail a'mal, and in Shari'a law with the condition that the daif is not a dhaif syadid, (2) It is permissible to practice in terms of fadhail a'mal, zuhud, advice, stories -the story, apart from sharia law and creed, as long as the hadith is not a maudu hadith, (3) it is not permissible to practice a daif hadith absolutely.
DIMENSI SUFISME DALAM RUMAH TANGGA PERSPEKTIF AL-GHAZALI Ulum, Bahrul
MAQASHID Jurnal Hukum Islam Vol. 6 No. 1 (2023): Mei 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i1.1012

Abstract

Marriage is a sacred event where a husband and wife must have a strong bond in living it. A good attitude can be realized from various drives, including internal factors, what is meant is morality, attitude and action. The purpose of this study is to find out about the dimensions of Sufism in the household from Al-Ghazali's perspective, the factors that cause harmony and destruction of the household, the benefits of marriage and household etiquette. This study uses a qualitative research method with analysis used descriptive, with data collection techniques, examines theory through discussion and comparison of data with other references relevant to the discussion. The results of this study indicate that: 1). al-Ghazali's view is to try to improve morality by following the procedures of the Shari'a and imitating the footsteps exemplified by the Prophet Muhammad as an essential mirror of Shari'a. 2) There are 19 types of women to be avoided in the category of potential partners. 3). The criterion of a woman is her halal status and kindness. 4) The benefits of marriage include: children, suppressing lust, resting lust by making out with his wife and focusing his heart on managing the household. 5) marital problems include: negligence in seeking halal sustenance, not understanding the character of the spouse and lack of a sense of responsibility. 6) The solution to household harmony: remind each other of worship, give thanks and pray to Allah
ANALISIS PRAKTEK JUAL BELI BARANG SITAAN DALAM PERSPEKTIF HUKUM ISLAM : (Studi Kasus di Pondok Pesantren Raudhatul Ulum 1 Ganjaran Gondanglegi Malang) Roisul Adib; Sadam husin
MAQASHID Jurnal Hukum Islam Vol. 6 No. 1 (2023): Mei 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i1.914

Abstract

Buying and selling is one of the economic systems that can be carried out by humans to get the desired property or goods without having to harm one of the parties involved in buying and selling, namely the trader and the buyer whoever it is. However, there are cases of buying and selling carried out at Islamic boarding schools, where goods in the form of cell phones confiscated by the boarding school security council are then traded at prices that are affordable but not cheap. In this case there was a transfer of ownership from the santri to the Islamic boarding school. So that the rules of buying and selling in Islamic law are correct, namely in the rules the object of buying and selling must be the property of the seller himself or be represented according to the buying and selling theory explained by Jumhurul Ulama'. The review of Islamic law regarding the sale and purchase of confiscated HP at Islamic boarding schools is that the transaction contract for the sale and purchase of confiscated HP is legal, as stated in the theory of buying and selling in Islamic law, both terms and conditions in the sale and purchase have been fulfilled and according to the rules. So that the sale and purchase of confiscated HP can be carried out, because it meets the requirements and pillars of buying and selling in Islamic law
Keharusan Ikrar Talak di Depan Majelis Hakim Pengadilan Agama : Perspektif Maqāṣid Syarī’ah Ibnu ‘Āsyūr ludfi
MAQASHID Jurnal Hukum Islam Vol. 6 No. 1 (2023): Mei 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i1.1086

Abstract

This study aims to elaborate on the provisions of divorce in classical fiqh which are considered valid simultaneously when pronounced by the husband, while in positive law they are only considered valid when pronounced by the husband before the court. Both of them gave rise to a "dilemmatic" law among Indonesian Muslims, so that maqāṣid syarī'ah was present as a "peacemaker" through the perspective of Ibnu 'Āsyūr. This type of research is library research with content analysis, philosophical-hermeneutic and maqāṣid syarī'ah approaches. The data collection technique is in the form of documentation through inventory, classification and evaluation of data. The findings of this study indicate that there are aspects of maṣlaḥaḥ of having to pledge divorce before the Panel of Judges of the Religious Courts: equality before the law and legal certainty (status and wife's maintenance, joint assets, hadlanah rights and guarantee for children's maintenance). Ibn 'Āsyūr with his four pillars al-Fiṭrah, as-Samāhah, al-Musāwah and al-Hurriyah as the main foundations in his maqāṣid syarī'ah building requires the presence of divorce witnesses in interpreting QS. aṭ-Ṭalāq (65) verse (2) via ẓāhir naṣ. This interpretation has relevance to the obligation to pledge divorce before the court; before the Panel of Judges of the Religious Courts as a provision of positive law in Indonesia to make it difficult for divorce to occur as a form of maqāshid syarī'ah, although he did not directly mention that the divorce pledge must be presented before the court.
CRITICISM OF THE ISLAMIC INHERITANCE DISTRIBUTION SYSTEM PERSPECTIVE OF THE PRINCIPLE OF PROPORTIONALITY. Nor Salam
MAQASHID Jurnal Hukum Islam Vol. 6 No. 2 (2023): Nov 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i2.1022

Abstract

This paper is motivated by the debate about the existence of inheritance law in Islam which is often stigmatized as a law that is not friendly to the element of equality in the percentage of acquisition of men and women. This background will then be examined in this paper by proposing a perspective on the principle of proportionality as the basis of Islamic inheritance law. Through a normative-doctrinaire legal study method, this study concludes that the principles of inheritance are eclectic between the principle of proportionality and the principle of justice. This has implications for social decency, which can be between different time and period dimensions or between one community and another that has different standards.
AKAD NIKAH DENGAN VIDEO CALL: dalam Pandangan Habib Zain bin Ibrahim Bin Smith dalam kitab Al-Mukhtarah li Saliki Thariq Al-Akhirah Huda, Muhammad Hasbulloh; din, Ishomud
MAQASHID Jurnal Hukum Islam Vol. 6 No. 1 (2023): Mei 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i1.1141

Abstract

The discussion in this research is a review of Islamic law regarding the issue of marriage contracts via video calls that have ever occurred. The data studied is the fatwa of the Ulama' of the Syafi'iyyah madzhab with more focus on the fatwa of Habib Zain bin Ibrahim bin Smith. Regarding this research, researchers tried to analyze the fatwa of Habib Zain bin Ibrahim bin Smith as the main study material. By using a literature review through technical fatwa analysis. This analysis aims to find out more deeply and critically about fatwas related to the problems above. The existing data was obtained from reading classical and contemporary jurisprudence literature, focusing more on the fatwa of Habib Zain bin Ibrahim bin Smith in the book Fawaidul Mukhtarah Li Salik Tariqil Akhirah. The data is then collected and used as a legal comparison. Through this research, the following results were obtained: Description of the practice of marriage contracts via video call. Legal fatwas that can be used as a reference if a marriage contract takes place via video call. Legal conclusions and results of fatwas regarding marriage contracts via video call. Plus there is a solution if the marriage ceremony takes place via video call.
THE DISCOVERY OF ISLAMIC LAW WITH THE TURAS BOOKS: Method Development yazid, afthon
MAQASHID Jurnal Hukum Islam Vol. 6 No. 2 (2023): Nov 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i2.1153

Abstract

The dynamics of fiqh that occurred at 2nd H, gave rise to the process of transitioning Islamic law from the form of ijtihad based on the the companions to a scientific and measurable process. Its maintained from Four Imams who codified the results of their legal thoughts in the books of fiqh. The Four Imams and their books could be define in turas books or classical books, have difference thought during determine an ijtihad. This study aims to explain the development method of finding legal sources in turas books based on madzahib al arba'ah scholars. The researchers conducted a library study with a descriptive analysis approach, collected sources, verified, and interpreted in detail. The results showed that in determining the law, the scholars of the mahdhhab put forward their textual and contextual method. The result of the textual law , determined by the Qur'an and hadith, but does not leave the contextually which is ar-rayu. The theory and methodology of the discovery of the law of madzahib scholars are broadly the same. Its using Qur'an, sunnah, ijma' and qiyas. However, in the practice of developing qiyas methodology, scholars of the madhhab have differing in opinion, such as use the method of istihsan, urf, maslahah mursalah, atsar ahlu medina and hadith mursal.
REVIEW OF ISLAMIC LAW ON GOAT PRODUCTION SHARING: case study in the village of Gandanglegi, Malang adib, roisul
MAQASHID Jurnal Hukum Islam Vol. 6 No. 2 (2023): Nov 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i2.1166

Abstract

In social life there must be such things as rules to guide. In the state, laws are used as rules and prohibitions as well as sanctions for every individual or group who violates them. In Islam, many kinds of laws are used, one of which is Islamic law regarding buying and selling, namely muamalah fiqh. In this business, you entrust pets to other people. The results of this research can be concluded that the Study of Goat Livestock Results in the Perspective of Sharia Economic Law in Ganjaran Village is a type of Syirkah Mudharabah which is carried out orally. Sharing the results of goat farming is still done according to custom, namely by the goats that are born, if one goat is born then it is sold first and then divided in half. If a goat gives birth to 2 goats, each of them gets 1 goat. The second way to share the results is by taking turns with the goat kids, the first born child goes to (mudharib) the second child goes to (shahibul mall) and so on, while for male goats the way to share the results is by selling them first, then the profits from the sale are divided into two.
MAQĀṢID SHARI’AH DAN IMPLIKASINYA TERHADAP TAFSIR MAQĀṢIDĪ Azzah Riscilia, Safira; Nikma, Sofiatun; Nysya' Uljannah, Salsa
MAQASHID Jurnal Hukum Islam Vol. 6 No. 2 (2023): Nov 2023
Publisher : Ahwal Al-Syakhsiyyah Fakultas Syariah - Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v6i2.1173

Abstract

The aim of this research is to find out the genealogy of Maqāṣid al-Shari‘ah and Tafsir Maqāṣidī, the urgency of Maqāṣid al-Shari‘ah in an interpretation, and the application of the interpretation of Maqāṣid al-Shari‘ah in Tafsir Maqāṣidī. In this case, the method used to find out some of the points above is using a qualitative method based on library research or by collecting reading sources which can be books, articles or journals related to the relevant sub-chapters. As for applying the verse, you need to know the legal basis by reading the verse through the lens of Maqāṣid al-Shari‘ah. From the research results, it can be seen that maqāshidi interpretation cannot be separated from Maqāṣid al-Shari‘ah because the two are interconnected with each other. And the importance of knowing the Maqāṣid al-Shari‘ah is to be able to reach the meaning beyond what the text says. Therefore, this research tries to bridge researchers to find out the genealogy, urgency and application of interpretation.

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