Fiqh Books Research Articles

Comparative Analysis of the Istinbath Methods of the Shafi'i and Hanafi Schools Regarding the Role of the Wali Mujbir in Marriage Law

This study provides an understanding of the differences in the istinbath methods of the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The right of a mujbir guardian only applies to girls or widows who are still children because an adult woman is considered capable of determining her life partner without the need for the consent of a guardian. So that it can distinguish the methods of determining the law between the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The focus of this study is the difference between the istinbath method of madzhab shafi'i and madhhab hanafi regarding wali mujbir. While the method in this study is qualitative research that is literary and the approach in this study uses a normative approach. The normative approach is an approach whose study is through the literacy of sources consisting of the Qur'an, hadith, Islamic fiqh books, books relevant to the discussion, Islamic law journals and other references related to wali mujbir. The result of this study is that in order to protect the human rights of women, this concept is not appropriate to use. Although in reality there are still many practices of the concept of wali mujbir in Indonesia, considering that madzab Shafi'i is the most followed madzab in Indonesia. But still, this is contrary to Law number 1 of 1974 which is listed in article 6 paragraph (1) chapter II.

Development of Digital Fiqh Books to Improve Learning Outcomes SMP IT As-Sunnah Makassar

Rapid advances greatly influence the world of education in technology, information, and communication. Teachers must be able to use technology to create innovative and effective learning. This research aims to identify the need for digital books, design the development of digital books, and measure the validity, practicality, and effectiveness of digital books. This research uses research and development methods focused on developing digital books. The development model refers to the ADDIE development model with five stages: analysis, design, development, implementation, and evaluation. The research was conducted at SMP IT As-Sunnah Makassar with 30 research students, 1 Fiqh subject teacher, and two validators. The digital book developed was declared very valid by media content/design experts and valid by material experts. The level of practicality was measured from questionnaire responses by teachers and students. Both assessments stated that it was convenient. The level of effectiveness of digital books is measured by pretest and posttest, which shows an increase in learning outcomes and that they are declared very effective. Based on the analysis results, it can be concluded that the development of digital fiqh books can be used in the learning process. AbstrakDunia pendidikan sangat dipengaruhi oleh kemajuan pesat dalam teknologi, informasi dan komunikasi. Guru harus mampu menggunakan teknologi untuk membuat pembelajaran inovatif dan efektif. Penelitian ini bertujuan untuk mengidentifikasi kebutuhan buku digital, mendesain pengembangan buku digital dan mengukur tingkat validitas, kepraktisan, dan keefektifan buku digital. Penelitian ini menggunakan metode penelitian pengembangan (Research and Development) yang difokuskan untuk mengembangkan buku digital. Model pengembangan yang digunakan mengacu pada model pengembangan ADDIE dengan lima tahapan; analysis, design, development, implement, dan evaluate. Penelitian dilaksanakan di SMP IT As-Sunnah Makassar dengan penelitian 30 siswa, 1 orang guru mata pelajaran Fiqih, dan 2 orang validator. Buku digital yang dikembangkan dinyatakan sangat valid oleh ahli isi media/desain dan valid oleh ahli materi. Tingkat kepraktisannya diukur dari angket respon oleh guru dan siswa, dari kedua penilaian dinyatakan sangat praktis. Tingkat keefektifan buku digital diukur dengan pretest dan posttest yang menunjukkan terjadinya peningkatan hasil belajar sehingga dinyatakan sangat efektif. Berdasarkan hasil analisis dapat disimpulkan bahwa pengembangan buku digital fiqih dapat digunakan dalam proses pembelajaran.Kata Kunci: buku digital; fiqih; hasil belajar

Fiqh dan Negara: Dinamika Penerapan Sanksi Hukuman Zina di Aceh

Fiqh is the most important element in the legal tradition of the people of Aceh. All kinds of problems are resolved through the provisions of fiqh, and the power of fiqh can even override state law. In its application, the legal sanction of zina described in the fiqh book differs from the legal provisions of zina in Qanun Jinayat. This paper is based on a doctrinal study with a historical and legal approach. In order to strengthen the data of this study, some important research results in connection with this study are used in this study. In addition, this research also uses data obtained from online and web news directly from reliable sources. Data analysis was carried out using content analysis of the legal materials obtained and finally in-depth analysis was carried out. in-depth analysis. This research argues that the punishments for perpetrators are not fully taken from the existing law in the book of fiqh jinayat, in the book of fiqh the punishment for adultery is divided into two classifications and the punishment is lashing and stoning. However, in the Qanun Jinayat, the punishment for the perpetrator of adultery is only 100 lashes. However, in the Qanun Jinayat the sanction for the perpetrator of adultery is only 100 lashes, there is no legal sanction of stoning for the perpetrator of adultery muhsan as stipulated in the Fiqh Book.

Gender Justice Principles in the Islamic Inheritance System

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

Daily Prison Fiqh: A Practical Solution of Islamic Law to The Problems of Prisoners in Tembilahan, Riau

The article aimed to answer the daily fiqh problems of prisoners in Correctional Institutions (Lapas) class II Tembilahan. The fiqh problems related to Islamic law relating to individuals, relationships with God and prison society. The structured interviews with prisoners and the study of relevant documents were used to answer the research questions. This research uses a qualitative approach and literature by referring to classical and contemporary fiqh books. This research resulted in the findings of the formulation of daily fiqh of prisoners in Class II Tembilahan Correctional Institution, namely: First, related to fiqh laws that concern individual issues such as masturbation, tattoos, vital organs installed with roles to becoming prayer leader (imam), paying debts from drug money, anxious between farting or not at the time of bowing or prostration, the law of not providing maintenance for the wife for a long time, and apologizing to parents who have died. Secondly, there is the issue of fiqh rulings between the servant and Allah. In this case, one issue is the law of the zuhur prayer being performed before the Friday prayer. Third, issues related to relationships with society. In this case, there is one issue, namely maintaining tolerance for non-Muslims in prison. This research contributes to providing Islamic legal solutions to the daily problems of Muslim prisoners to continue to carry out religious obligations in correctional institutions and as a reference for policymakers in correctional institutions to continue to present legal benefits for Muslim prisoners.

Eksistensi Hukum Pencatatan Perkawinan Dalam Reformasi Hukum Keluarga Di Dunia Islam

Legal reforms carried out by Islamic countries since the beginning of the 20th century starting with Turkey in 1917, then Egypt (1920 and 1929), Jordan (1951), Syria (1953) and Tunisia in 1956 with the publication of the Code of Personal Status Law or Majallah al-Ahwal ash-Syakhsiyah. Then several countries in Asia such as Indonesia Malaysia and others. The material of family law reform in general is about marriage registration because it did not exist at the time of the prophet or the companions and the classical fiqh books. If reviewed, marriage registration has positive values for the sake of order and convenience in this modern era. This research is a library research that examines legal issues by relying on secondary materials, analyzing and then concluding using the theory of legal modernization. In this paper, the author tries to classify the provisions of marriage registration based on three sides, the law of marriage registration, sanctions and registration mechanisms in various Muslim countries and identify the extent to which some Islamic countries depart from the teachings of classical fiqh in reforming family law. The regulation of marriage registration is different in every Muslim country, some of which strictly enforce it so that it determines it as a crime for violators or only makes registration as an administrative requirement, while in terms of the mechanism it is also applied differently in each country.

Translation Analysis of Negative Sentences in the Zakat Chapter of the Book Al-Fiqh Al-Muyassar

In fiqh books, the translation of negative sentences into Arabic plays a crucial role in accurately explaining Islamic laws. This phenomenon requires translators to pay attention to correct grammatical structures and the use of appropriate technical terms within the context of Islamic law. For example, negative statements that indicate prohibition or disapproval (makruh) must be translated precisely to prevent misunderstandings or mistaken readings. This study aims to analyzes al-jumlah al-manfiyyah in Arabic, translation techniques, and the quality in al-fiqh al-muyassar. Using a descriptive qualitative approach with Spradley's analysis, 93 instances were identified, employing 12 translation techniques. Of these, 82 were accurately translated with high readability, resulting in a final quality score of 2.83. This suggests that readers can comprehend fiqh worship texts and muamalat effectively. Thus, this research significantly advances scholarship in Arabic language research by setting benchmarks for precision and comprehensibility in translating Islamic legal texts. Future researchers should explore the subtleties of interpreting negative sentences in fiqh texts, consider cultural and contextual influences on Islamic legal texts, and establish standardized guidelines for accurate and accessible translations.

Examining Witness Interest: The Obstacles of Testimony in Islamic Jurisprudence and Positive Law

This study compares Islamic jurisprudence and positive law to explore the obstacles of testimony, focusing on the complexity and controversy surrounding witnesses' interests. Employing a legal comparative method, the research examines self-interest in testimony, emphasizing authoritative sources like fiqh books and Jordanian law, shedding light on the concept of self-interest as its primary focus. It highlights the differences between Islamic jurisprudence and contemporary legal frameworks, providing a nuanced understanding of witness actions in legal processes. This research's findings reveal that testimony's self-interest predominantly relates to lineage, siblinghood, marital relationships, hostility, and partisanship. The results show both Islamic jurisprudence and positive law recognize the prohibition of testimony due to self-interests is not absolute; there are many interpretations and exceptions to this restriction, with differences stemming from the reliance on religious texts in Islamic jurisprudence and legal reasoning in positive law. This gap arises from the ability of contemporary law to examine the interests of witnesses from various perspectives and through the use of different evidentiary tools. This research contributes practically that the application of law that is different from what has been formulated by fiqh scholars in Islamic jurisprudence does not necessarily indicate that the legal decision is at odds with Islamic law.

Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023)

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.

ANALISIS KEABSAHAN TRANSAKSI JUAL BELI DENGAN SISTEM CASH ON DELIVERY MENURUT HUKUM EKONOMI SYARIAH

This article aims to analyze the validity of buying and selling transactions with the Cash on Delivery (COD) system according to the perspective of khiyar 'aib. The research method uses qualitative research, which is a type of juridical approach where data is obtained from primary materials in the form of laws and fiqh books. The results of this study conclude that one of the risks in buying and selling transactions with the COD system is the incompatibility of the goods delivered or the goods are damaged. Therefore, the importance of khiyar rights in buying and selling transactions, especially khiyar 'aib. According to the review of muamalah fiqh, it can be concluded that the sale and purchase transaction with the COD system is valid because it has fulfilled the pillars and conditions of sale and purchase and with the enactment of khiyar in the transaction. With the existence of khiyar 'aib in buying and selling transactions, it can minimize the occurrence of losses to one of the parties.

Transformasi Pemahaman Hadis Tata Cara Rukuk dan Sujud Bagi Perempuan

The whole series of prayer movements are arranged in a tauqifi manner taught and practiced by the Prophet SAW. There is no information found in the Prophetic traditions that explain the differences in prayer movements between men and women. In the practice that developed in the community, there was an understanding that there were differences in ruku' and prostration movements for women. Where it is understood that for women to close their hands to their limbs, the distinction appears as a transformation of understanding of the hadith which then becomes a religious practice in the community which is conveyed and taught until it is accepted by the community as a form of teaching. This will then be studied in the form of its transformation from the hadith text into practice in the community. This discussion will be examined with a literature study approach that refers to works in the field of hadith to trace the understanding that emerged in each period. The hadith literature shows that there is a narration in the Musnad of Abu Hanifah that appeared at the beginning of the second century, which hints at a different way of praying for women by closing their limbs. This narration was not popular in the mu'tamad hadith books that appeared until the end of the third century A.H. Based on this. In the fourth century, another understanding emerged based on a narration that explains bowing and prostration in a way that is specific to women. The narration was found in Sunan Kubra al-Bayhaqy, where al-Bayhaqy was a follower of the Shafi'iyyah school of thought. This understanding developed in the books of fiqh shafi'iyyah which were widely used in pesantren and became the understanding and practice of the majority of people who followed the Shafi'i school of thought.

Visiting the Prophet at His Grave: Discussions about the Religious Topography of Madina

Theological discussions about visits to the Prophet’s grave in Madina are the focus of this paper. The relevant question in this context relates to the idea of a postmortem life of the Prophet and its accessibility for believers after his death. The idea of a spiritual presence of the Prophet in this world is found in the description of religious visits to Madina, namely in the traditional Sunni books of Fiqh (describing the normative rules concerning the Prophet’s grave), as well as in some books of Tafsir. These ideas have been challenged by the Wahhabi movement, in which the idea of becoming connected to the Prophet’s presence is refused and the visit to Madina is seen to be focused on the mosque, not the grave of the Prophet. This reinterpretation is examined in this article on the basis of various textual references.

Tinjauan Fikih Muamalah Mengenai Wanita dalam Transaksi Ekonomi Syariah

This study discusses the concept of ahliyah (legal competence) which is quite an important discussion to be parsed, studied and discussed. Bearing in mind that legal competence has an important position in a contract because it is a condition that must be fulfilled by the subject of the contract which has implications for whether the contract can be considered valid or not; Legal competence in question turns out to be ahliyatul ada' (active skills) in fiqh muamalah. In this study, researchers examined the concept of ahliyah in the perspective of Islamic law (the opinion of the scholars) contained in fiqh books. The purpose of this research is to provide an understanding of the community as legal subjects, so that the contracts they enter into are correct according to Islamic law. This research is a normative juridical research that uses a type of Syara'-Fiqh approach (statue approach), case approach (case approach) and conceptual approach (concept approach). In carrying out legal actions, a person must first be declared competent to act according to the law. So in this study the researcher describes it in a descriptive-qualitative form. The results of study show that woman are increasingly dominating in economic transactions, especially in e-commerce media.

PIERCING LAW FOR MUSLIMS IN THE VIEWS OF AL-GHAZALI AND IBN HAJAR AL-HAITAMI

This research aims to analyze the views of Islamic jurists on the use of piercing in a beautification context. The piercing phenomenon is widespread among Muslims, both men and women, in various Islamic countries. This research uses a qualitative type with a library research approach. This research methodology involves a comprehensive analysis of the views of various scholars and interpretations of verses from al-Qur’an, hadith, and fiqh books related to the topic of piercing in the context of religious law. From this research, the results showed that several scholars had different perspectives regarding this problem. Imam Ibnu Hajar al-Haitami considers piercing women's ears for jewelry purposes is permissible because it is part of <em>'urf</em> (habit). However, al-Ghazali emphasized that piercing or self-harm and not permitted. There are prohibitions for men regarding piercing. Imam Ghazali and Ibn Hajar al-Haitami agree that nose piercing on women and men is forbidden because of the potential to cause painful wounds. Apart from that, making decorations in places other than ears is also prohibited because it can resemble the practices of infidels, wicked or immoral people. As a devout Muslim need to be careful and aware of the beautification jurisprudence so that it is under the principles and objectives of Islamic law.

Riba and interest in Islamic jurisprudence: seeking the path to consensus

Purpose The purpose of this study is to explain the opinions of the Muslim jurists available in the fiqh books so that they may be compared with the approaches adopted by modern scholars for defining the concept of riba. It is argued that the method of jurists was different from the one adopted by the modern Muslim jurists and Islamic economists. The new method dichotomizes riba into those of the Quran and Sunnah. On the contrary, jurists of four Sunni schools considered the Quran and Sunnah in this regard as a single whole, and they saw Sunnah as the elaboration of riba. By explaining the similarities shared by different fiqh schools, it is explained that there is no need for a definition of riba. Design/methodology/approach The paper uses the method of content analysis. The authors have consulted the authentic fiqh manuals of the four Sunni fiqh schools to substantiate the objectives. Findings One of the major findings of this paper is that interest charged in loan transactions, including bank loans, is riba according to the four Sunni fiqh schools. Moreover, the paper also shows that the similarities among the four Sunni fiqh schools are far more significant than the often-highlighted disagreements among them regarding the concept of riba. The methodology adopted by modern Muslim scholars seems to add confusions around the concept of riba. Research limitations/implications The paper discusses views of only four Sunni fiqh jurists. Originality/value The paper explains the common methodology followed by the jurists for understanding riba, the significant similarities resulting from their common method, the link between the concept of riba and different types of financial transactions within the framework of the jurists and that combining several fiqh schools at a time is a contradiction-ridden methodology.

Fenomena Banyak Anak di Kalangan Warga Pondok Pesantren Imam Bukhari

This research examines the phenomenon of families with many children at the Imam Bukhari Islamic Boarding School in Surakarta, Indonesia. The concept of a family with many children is understood in the context of Salafi religious teachings and is applied by Salafi preachers, with reference to certain Fiqh books. This research is field research which uses qualitative descriptive research methods with an ethnographic approach. Ethnography is research that describes the culture of a community or society. Data sources in this research are divided into two types, namely field data (field research) as primary data and library data (library research) as secondary data. The research highlights the important role of economic, historical, sociological, religious and cultural factors in managing big families. In conclusion, the phenomenon of families with many children at the Imam Bukhari Islamic Boarding School can be explained through historical, religious and social factors involving key figures, religious teachings and interactions within the Islamic boarding school community.

Analisis Polarisasi Dualisme dan Pluralisme Hukum Islam di Indonesia

Some people still think that everything contained in the books of fiqh is sacred and no one is competent to change it. In fact, the tendency that occurs is that it is very difficult for them to accept the changes that occur in society today. Various ideas for reforming Islamic law have also colored the dynamics of Islamic legal thought in Indonesia, which is essentially the response of Islamic legal thinkers to modernization and development. Thus, this journal will discuss Polarization, Dualism and the Dynamics of Islamic law in Indonesia. This research uses qualitative research with a literature data or literature study approach. The data collection method is by using literature (libraries) from the books Treatise on Marriage Law, National Marriage Law, and the Struggle for Islamic and Customary Law in Indonesia. The research results show that there are two currents of thought which then give rise to dualism and pluralism of sirri marriage law in Indonesia. First group. states that a marriage/marriage is actually valid if it fulfills the pillars and conditions as stipulated by religious teachings. However, the second group states that even though a marriage/marriage has been carried out in compliance with the pillars and requirements according to religious provisions, it is still considered invalid before the law as long as it has not been registered and authentic evidence of the marriage event has not been obtained.

Untung Rugi Perjanjian Pra-Nikah: Analisis Yuridis Islam dan Hukum Positif

his study aims to analyze the views of Islamic scholars on prenuptial agreements in the perspective of Islamic jurisprudence (fiqh) in Indonesia. The research method used is document analysis of relevant fatwas from various sources, such as official websites of fatwa institutions, fiqh books, and scholarly articles discussing prenuptial agreements. The study shows that Islamic scholars do not oppose prenuptial agreements with certain conditions; in fact, they view it as a way to prevent conflicts by clearly defining the rights and obligations of couples. Although permitted in Islam, agreements must be made in good faith and in accordance with religious values and principles of justice. This study enriches the understanding of the practice of prenuptial agreements in Islam and its relevance in Indonesian Muslim society. The findings are expected to guide the government, prospective couples, and researchers in developing policies and further research related to modern marriage in Indonesia.

Hukum Najis Mughallazah dan Kaedah Sertu Menurut Pandangan Empat Mazhab

Samak and sertu are terms related to the purification process in Islam. In the Islamic society in Malaysia, there is a misconception about the terms samak and sertu and the use of both terms in the purification of impurity. This misconception arises from a lack of understanding of the terms samak and sertu. Therefore, this article aims to explain the difference between the terms samak and sertu and the use of both terms. To achieve the aforementioned objectives, this study is based on an analysis of the content of fiqh books, scholarly articles, and fatwa on international and national rankings. For the analysis of Arabic books, the search of the terms al-dhabghu and ghasala is used. Meanwhile, the terms samak and sertu in the Malaysian Islamic Progress Office (JAKIM) guide. This data is then analyzed based on the views of the four madhhabs that are muktabar in fiqh. The results show that samak is the process of cleaning an animal's skin of impurities for a specific purpose with a sharp tool. While sertu is the process of cleaning the affected part of mughallazah faeces (dogs, pigs and their offspring) with the help of water and soil. The cleaning method of samak and sertu is different from the other two. The meaning of samak and sertu should be understood, as they were agreed upon for cleaning and hygiene.

Konsep Samak dan Sertu: Satu Perbandingan Menurut Perspektif Islam

Samak and sertu are terms related to the purification process in Islam. In the Islamic society in Malaysia, there is a misconception about the terms samak and sertu and the use of both terms in the purification of impurity. This misconception arises from a lack of understanding of the terms samak and sertu. Therefore, this article aims to explain the difference between the terms samak and sertu and the use of both terms. To achieve the aforementioned objectives, this study is based on an analysis of the content of fiqh books, scholarly articles, and fatwa on international and national rankings. For the analysis of Arabic books, the search of the terms al-dhabghu and ghasala is used. Meanwhile, the terms samak and sertu in the Malaysian Islamic Progress Office (JAKIM) guide. This data is then analyzed based on the views of the four madhhabs that are muktabar in fiqh. The results show that samak is the process of cleaning an animal's skin of impurities for a specific purpose with a sharp tool. While sertu is the process of cleaning the affected part of mughallazah faeces (dogs, pigs and their offspring) with the help of water and soil. The cleaning method of samak and sertu is different from the other two. The meaning of samak and sertu should be understood, as they were agreed upon for cleaning and hygiene.