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Riza Faishol
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AL-ASHLAH
Published by Universitas Islam Ibrahimy Banyuwangi
ISSN : 28296788     EISSN : 28296346     DOI : https://doi.org/10.69552/alashlah
Core Subject : Religion, Economy, Humanities, Science, Social,
Religion Humanities Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Focus and Scope AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam is a double-blind peer-reviewed journal published by Islamic Family Law Department, Sharia Faculty, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi, Indonesia. Focus AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam emphasizes the study of Islamic family law and Islamic law in Islamic countries in general and specifically in Indonesia by emphasizing the theories of Islamic family law and Islamic law and its practices in the Islamic worlds that developed in attendance through publications of articles and book reviews. Scope This Journal specializes in studying the theories and practices of Islamic family law and Islamic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Family Law Islamic Family Law Family Study Islamic Criminal Law Customary Law Sharia Economic Law Islamic Constitutional Law Islamic Comparative law Anthropological Law Sociological Law Marriage and Gender Issue History of Islamic Family Law and Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2022): (January 2022)" : 5 Documents clear
MAQASID AL-SYARI’AH ALA JASSER AUDA UPAYA MEREFORMASI HUKUM ISLAM MELALUI PENDEKATAN TEORI SISTEM Lukman Hakim; Akhmad Rudi Maswanto
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

Classical fiqh treasures that no longer adequately answer complex contemporary problems due to changes in the context of time, space, culture and contemporary science. It is necessary to reform efforts to the understanding and interpretation of Islamic law that is not only aimed at Fiqh but directed at the philosophy of Islamic law (Ushul Fiqh) which is the producer of fiqh laws. Among contemporary Muslim thinkers concerned with the reform of Islamic legal philosophy is Jasser Auda, who uses maqasid shari'ah as the base for rejecting his philosophy of thinking by using the system approach as a method of thinking and knife analysis. A new unthinkable approach to use in discussions and discussions on the philosophy of Islamic law and Ushul fiqh. Jasser Auda reformed Maqasid al-Syariah in a contemporary perspective from Maqasid al-Syariah which was once nuanced protection (Protection) and preservation (Preservation) to Maqasid al-Syariah which aspires to Development (Development) and breeding of Human Rights (human rights), even he suggested that the development of human resources (HR) become one of the main themes for public benefit today.
PENGARUH IJTIHAD IMAM SYAFI’I TERHADAP PERAN AKAL DALAM PEMBENTUKAN HUKUM ISLAM Imam Syafi’i; Abdul Aziz
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

Abstract Imam Shafi'i positions human reason in the Istimbat al-Ahkam as a mediation of the 'Aqliyah proposition to reveal the purpose of God in the form of Nash, which sometimes has a relative nature (Dhahir, Mujmal, 'Aam, Mutlaq Etc.) where the mujtahid exploits his mind to reveal Nash's goal is to be grounded. That is in accordance with human expectations on this earth "Maslahah Lil Muslimin Wa al-Muslimah". However, once the role of reason remains in harmony and subject to the texts, this can be seen where Imam Shafi'i does not recognize Istihsan as one of the istinbâth procedures and also rejects Imam Malik's al-Masalih al-Mursalah. This has an impact on his followers, especially in the position of maṣlahah as hujjah as-Syar'iyyah. When maṣlahah is considered to be in conflict with texts, ijmâ' or qiyâs, the Shafi'iyah and Hanâbilah schools are of the opinion that if the maṣlahah conflicts with the texts, then what must be prioritized is the text and the position of the maṣlahah is not recognized for its validity. Because according to them maṣlahah mursalah can be taken later after there is a decision from the texts or fatwas of friends.
IMPLEMENTASI HUKUM KELUARGA SEBAGAI REKAYASA SOSIAL MASYARAKAT DALAM UPAYA MENINGKATKAN KESADARAN HUKUM DAN KEPATUHAN HUKUM M. Mutamakin; M Amir Mahmud
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

Family law is in an important position in community life, contributing to creating and realizing an orderly and harmonious society. Family law becomes very interesting to be studied and discussed with the aim of developing human resources so that it can be reformed to family members. Thus to keep a substantive eye on the issues that occur, the legislature hopes to reform family law that can serve as a buffer in people's lives. The research focuses on family law as a form of community social engineering to build and raise legal awareness and the state must be present to provide signs of all regulations issued by it.
PANDANGAN MAQAṢID AL-SHARI’AH DALAM FATWA ULAMA KONTEMPORER TENTANG NIKAH MISYAR M. Halilurrahman; Imam Edi Supeno
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

The mis'yar marriage event that arises public gmudity including in Indonesia has caused debate among contemporary scholars. From the fatwa that has been issued by contemporary scholars about marriage mis'yar, the most highlighted issue is about the purpose of shari'ah (maqaṣid al-shari'ah) in marriage mis'yar becomes the main reason that is debated among contemporary scholars. Researchers want to discuss the problem that is 1) How the basis for the establishment of contemporary scholars about marriage mis'yar. 2) How the fatwa of the scholars' contemporary on marriage mis'yar is viewed from the point of maqaṣid al-shari'ah. This research uses a qualitative approach with a type of research that is library. Legal material analysis techniques include content analysis, and critical analysis of the fatwa is reviewed from maqaṣid al-shari'ah. The results of the study (1) there are two groups of scholars' contemporary, namely ulama' allowing marriage mis'yar Yusuf al-Qardhawi and Wahbah Zuhailī and ulama' prohibit marriage mis'yar 'Abd al-'Aziz bin al-Baz and 'Umar Sulaimᾱn al-Aṣqar. (2) The fatwa of contemporary scholars' that permits and prohibits marriage of mis'yar is viewed from the perspective of maqaṣid al-shari'ah, on the basis of the consideration that its efficacy is far greater than its benefits.
PERSPEKTIF EKONOMI ISLAM SEBAGAI KEBANGKITAN SUMBER DAYA KEHIDUPAN BANGSA DAN NEGARA (Studi Pemikiran Muhammad Nejatullah Siddiqi dan Dr. Yusuf Qardawi) Hali Makki; Ansari Ansari
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

This research article uses a research library of Islamic economists' thoughts, in the development of a country and society either individually or in groups, Islamic economic ethics becomes a very important role, because ethics means the creation of people's living values in the development of Islamic economy or Sharia economy. The state is present to provide welfare and security to the community through the sector of economic products and market development.

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