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Al-Risalah : Jurnal Imu Syariah dan Hukum
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 22528334     EISSN : 25500309     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in general. The scope of this journal includes: Jurisprudence Ushul al-Fiqh Tafseer and Ulumul Quran Hadith and Ulumul Hadith Islamic Politics and Thought International Relations in Islam Civil law Criminal law International law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "VOLUME 24 NO 2, NOPEMBER (2024)" : 12 Documents clear
UMAR BIN KHATTAB'S PHILOSOPHICAL IJTIHAD THINKING ON THE RESTORATIVE JUSTICE APPROACH IN ISLAMIC CRIMINAL LAW Suhartati; Musyahid, Achmad; Sultan, Lomba; Syatar, Abdul
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.52557

Abstract

This study examined the depth of Caliph Umar bin Khattab's philosophical thinking in applying ijtihad in the context of Islamic criminal law, especially related to the restorative justice approach. By analyzing various policies and legal decisions taken by Umar, this study attempted to uncover the philosophical basis underlying the application of the principles of restorative justice in the Islamic justice system during his leadership by identifying the values of justice, humanity, and maslahah as the main pillars of Umar bin Khattab's ijtihad thinking in the context of restorative justice. Using a descriptive qualitative approach, this study examined primary and secondary sources, including fiqh books and modern literature on restorative justice. The results of the study showed that Umar's ijtihad was not only based on literal Sharia texts but also considered maslahat (benefit) and the social context of society. This could be seen in decisions such as the temporary suspension of the punishment of amputation of hands during a time of famine, which illustrated the law's flexibility in responding to emergencies.
THE LEGAL STATUS OF QADHA SALAT: COMPARATIVE PERSPECTIVES OF AL-WASHLIYAH AND MUHAMMADIYAH SCHOLARS IN ADDRESSING MODERN CHALLENGES Zakaria, Muhammad; Rasiqah, Fildza; Marpaung, Ariping; Nasution, Julaika; Mawaddah, Nadiyah
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.52672

Abstract

This study explores the differing perspectives of Al-Washliyah and Muhammadiyah scholars on the permissibility of qadha salat, particularly in the context of modern challenges such as traffic congestion. The purpose of this research is to compare the legal reasoning and methodologies of these two prominent Islamic organizations in addressing contemporary issues related to qadha salat, while examining their adherence to traditional jurisprudential principles. The methodology employed is a qualitative comparative analysis, drawing from primary sources such as fatwas and official statements issued by Al-Washliyah and Muhammadiyah, as well as secondary literature on Islamic jurisprudence. Data collection involved document analysis and thematic categorization of legal opinions, supported by a critical review of relevant Qur’anic verses, Hadith, and classical fiqh literature. The results reveal significant differences in interpretation: Al-Washliyah allows qadha salat under specific conditions aligned with the Syafi'i school, emphasizing situational factors like physical inability, whereas Muhammadiyah rejects qadha salat for traffic-related delays, citing the absence of textual evidence in the Qur'an and Hadith. These findings highlight the dynamic interplay between traditional jurisprudence and contextual ijtihad. The originality of this research lies in its focused examination of qadha salat through the lens of two influential organizations, contributing to the broader discourse on adapting Islamic law to modern contexts. The implications of this study are significant for scholars and practitioners of Islamic law, as it underscores the importance of contextual ijtihad in addressing contemporary issues while maintaining fidelity to foundational texts. This work offers a nuanced understanding for Muslim communities navigating similar dilemmas in their daily lives.

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