Fiqh Books Research Articles

Meninjau Kembali Definisi Riba Era Modern, Pinjaman Uang Kartal (FIAT) Perspektif Studi Islam Fiqih Kontemporer

This article aims to understand the differences in the definition of usury between the time of the Prophet Muhammad and today because it influences the views and laws regarding usury in society. It is important for the parties involved to understand the risks and consequences associated with currency fluctuations before entering into such transactions. As Muslims, understanding how usury is applied in today's context is important in carrying out financial practices that are in accordance with Islamic religious principles. This article uses a literature study method by analyzing a comparative study of the understanding of usury at the time of the Prophet Muhammad with usury in modern times that uses currency (fiat), referring to the book of fiqh in looking at the definition of usury which currently needs to be reviewed. The main purpose of religion forbidding usury is to maintain justice and avoid charging unfair interest, while taking into account risks and other relevant factors in financial transactions. In practice, an understanding of Islamic financial instruments helps choose financial products with sharia principles. So that you can choose a loan that does not involve usury (interest) orgharar (uncertainty) in transactions.

Iddah for Husbands: A Political Analysis of Islamic Family Law

This paper explores the concept of iddah for husbands, which is not commonly discussed in mainstream Islamic law interpretations or traditions. This paper also highlights the importance of promoting gender equality and justice in Islamic legal traditions and principles. This article was produced from a literature review, and the main data was obtained from a study of fiqh books and regulations regarding iddah in Indonesia. To strengthen the data and analysis, this paper also uses several important research results and articles related to the issues discussed. A political analysis of Islamic law is the approach used in this paper. This approach is used to highlight the relationship between law and power as well as the need to consider the wider social, cultural, and political context in the interpretation and application of Islamic legal principles. This paper analyzes the political aspects of Islam related to Islamic law and the issue of iddah for husbands. This paper argues that the need for proposals to draft laws governing long-awaited periods for men is urgent and must be accompanied by awareness campaigns and counseling services to ensure successful implementation. Implementation of these laws will require careful consideration of the social context and the potential implications for families and individuals.

Fresh Ijtihad sebagai Upaya dalam Meretas Tertutupnya Pintu Ijtihad

This paper aims to describe the development of Islamic law and fresh ijtihad as an effort to break open the closed door of ijtihad. The focus of this research is how is the development of Islamic law regarding the closing of the door to ijtihad and how is the paradigm of fresh ijtihad? This type of research is library research on Islamic fiqh books, articles, and journals. The results of the study show that the closing of the door to ijtihad has implications for the development of Islamic law, namely the development of fiqh after the door to ijtihad is closed. The implication of closing the door of ijtihad is the main reason for the weakness of creativity in ijtihad, not only because of the spread of the spirit of piety, but also because of the decline of civilization in Islam. Systematic and epistemic fresh ijtihad thinking is needed, so as not to get trapped in the dogmatism of certain fiqh schools.

Implementasi Multi Akad Dalam Transaksi Ekonomi Syariah

The renewal of muamalah contracts is very important for the development of more dynamic, progressive and innovative Islamic banking products, so that they can compete with existing conventional banking products. The purpose of this study was to examine the legal basis and design of these multiple contracts and their application in Islamic banking products. The method used in this research is library research. with research. The results of this study are that one of the constructive efforts that is very helpful in developing Islamic banking products is al-jam'u bainal uqud/multi contract, this is a new contract that has never been discussed in classical fiqh books. Scholars allow these multiple contracts as long as they do not violate Islamic principles and values ​​because the purpose of the contracts is to clarify rights and obligations and avoid tyranny that leads to the benefit of humans in this world and the hereafter. Multi contracts in musyarakah mutanaqishah products, namely, syirkah, ijarah, and buying and selling, these contracts form one product, in ijarah Muntiyah bit-tamlik, namely wa'd contracts (promises), ijarah and buying and selling also form one product. These contracts become integrated or there is ta'alluq or attachment and linkages between contracts.
 Keywords: Multi Contract, Musyarakah Mutanaqisah, Ijarah Muntakiya Bit-Tamlik

Islamic Law Review of Discounts Obtained by Having Multiple Accounts on The Shopee Platform

The implementation of online buying and selling transactions through the shopee marketplace is included in the buying and selling category that is currently in vogue, because indeed the convenience offered is also the various discounts provided, including tempting discount promos including: price discount discounts, cashback, postage discounts and so on. Various methods have been used by some Shopee account users to get these discounts; one way is to have more than one Shopee platform account. The formulation of the problem in this study is how is the practice of having multiple accounts by certain users to get discount promos and what is the review of Islamic law on discounts that are obtained by having multiple accounts on the Shopee platform. The purpose of this study is to find out the practice of having multiple accounts by certain users in order to get discount promos and to find out an overview of Islamic law on discounts that are obtained by having multiple accounts on the shopee platform. The research method used in this study is a qualitative method. The main type of data source taken is in the form of primary data, namely interviews with Shopee account users, and secondary as supporting data obtained from literature studies such as the Al-Qur'an, hadits, books of fiqh, books, previous research, journals and others. Data collection techniques include interviews, observation and documentation. The data analysis technique in this study is a descriptive way of explaining the research problems by describing the events that occurred and using the legal basis to discuss the problems of the study in this research, namely Islamic law. The results of this study are that buying and selling through the shopee platform as well as the discounts provided are permissible in Islam, but the practice of using multiple accounts on the shopee platform is a sharia violation because this practice is included in the tadlis category and also violates the ethics of honesty in buying and selling.

INTEGRATING SHARIA BUSINESS CONTRACTS: Enhancing Inheritance Management Among the Simalungun Batak Tribe’s Muslim Community

This research was conducted to find sharia contracts that could be empowered in utilizing inherited assets in the Simalungun Batak Muslim community. This research was field research. The data collection techniques were through interviews and observations and utilizing literature using classical and contemporary fiqh books. The research method was a historical qualitative approach, while the analysis technique used a qualitative descriptive method. The results of the study show that various models of sharia contracts in the utilization of inherited assets can be carried out by the community, such as profit sharing (mudharabah), cooperation (musyarakah), leasing (ijarah), entrusted (wadiah) and waqf. These various sharia contracts can be carried out both between heirs and heirs with other parties. In order to strengthen the implementation of this sharia contract, it is necessary to implement a written contract to strengthen the contract realization process and assist the interests of all parties and for their benefit. The application of this contract can be implemented based on various principles: economic, maqashid, contract, and customary inheritance law principles.

Revisiting Shams al-Dīn Ibn ʿAbd al-Hādī’s Position in the Literature of Aḥādīth al-aḥkām: al-Muḥarrar

This study examines Ibn ʿAbd al-Hādī’s work al-Muḥarrar in the context of its place in the literature of aḥādīth al-aḥkām/ḥadīths of legal status. The first part of the study provides information about the life of Ibn ʿAbd al-Hādī, a member of the famous Qudāmah family, followed by his scholarly personality and works. The second part presents an in-depth, critical analysis and comprehensive evaluations of al-Muḥarrar. In this context, an underresearched issue is that the work is an abbreviated version of Ibn Daqīq al-ʿĪd’s al-Ilmām. The relative merit of this claim is examined and the probability that al-Muḥarrar is an independent work is evaluated. In this evaluation, the contents of both works are juxtaposed in a table revealing fundamental differences between them. Other significant contributions of this paper are that it reveals the key aspects of the work and illustrates how it contributes to the ḥadīth literature by showing specific samples from the work. The paper concludes that in such a seminal work that includes aḥādīth al-aḥkām, it seems to be crystally clear that the author used his ḥadīth narration method in the book and that the same order of the fiqh books of the era was followed to maximize the impact of the work.

PERKARA PERPINDAHAN WALI DARI WALI NASAB KEPADA WALI HAKIM KARENA WALI ADHOL (Studi Penetapan Perkara Nomor : 0097/ Pdt.P/ 2010/ PA. Kab. Kdr)

Background. A woman who wants to marry a man must go through her parents (guardians) and with the consent of both, so that her household is in harmony with her parents' household. Don't let the newly built household have a bad impact on the parents, because the daughter marries a man her parents don't approve of. Therefore, it is appropriate to hand over the marriage to the guardian without forgetting the daughter's consent. Aim. This research was written to answer the questions outlined in two problem formulations, namely: (1)What is the reason for submitting a request for appointment as Wali Adhol to the Kediri Regency Religious Court (2) What is the judge's legal consideration regarding the granting or rejection of the application for appointment of adhol guardian Number: 0097/pdt.p/2010/PA.Kab.Kediri Methods. The problem approach method used in this research is a normative juridical approach model, namely an approach that focuses on the norms that apply and originate from juridical provisions. This means both from fiqh books, applicable laws and opinions from legal experts related to the issues the author discusses. Results. The reason the applicant's parents refused to become guardians was because they were following the wishes of their parents (the applicant's grandfather) that their child not marry someone from the same village. The judge's considerations in granting the application for the appointment of adhol guardians were because the parents' reasons for refusing to become guardians could not be justified either according to religion or law.

Akad Tidak Bernama Dalam Hukum Kontrak Bisnis Syariah

Studying unnamed contracts is an important requirement for economic business actors, especially sharia economic actors. The rapid development of the economy and business requires business actors to study unnamed contract forms in sharia business practices in order to respond to the challenges of the times. This research will examine unnamed contracts in sharia business contract law. This type of research is library research, which is a study by examining data from various literature. The results of the study show that unnamed contracts are contracts that are not specifically regulated in fiqh books and do not have special provisions. This contract is made and determined by the parties according to their needs. The provisions that apply in this contract refer to the provisions of the general theory of the contract (naẓriyyat al-'aqd) and are guided by the principle of freedom of contract (mabda' ḥurriyat at-ta'āqud). An example of an unnamed contract is istishnā', bai al -wafa, istijrār, tahkīr, book publishing contracts, advertising contracts, auction contracts, fiduciary contracts, leasing contracts, franchising contracts, consignment contracts, lease purchase agreements and others.

The Use and Strength of the ‘al-Asl fi al-Mu’amalah al-Ibahah Method In the DSN-MUI Fatwa in Indonesia

The number of promotions and requests to invest in Islamic financial institutions has made policymakers, especially the DSN-MUI, work harder to make regulations that are easy to comply with sharia and fatwas that attract public interest to practice them. This study aims to analyze the rules of fiqh (especially al-asl fi al-muamalat al-ibahah) used by DSN-MUI by comparing them with previous fiqh books. This study finds that the choice of this rule as one of the most dominant rules is because the rule has a very broad scope and is easy to use with its arguments. Also, the DSN-MUI fatwa is overall quite good but nevertheless still needs improvement.

Ijarah Agreement in the Practice of Paying Grave Digger Services from the Perspective of 'Urf

Every human being cannot fulfill his needs without other people. So, Allah ordered His servants to fulfill the help. Human relations according to Islamic law are muamalah. In general, wages are the agreed total amount of replacement services determined by workers covering certain periods and conditions. This study aims to explain the practice of giving grave diggers wages in Yosorejo Village, Batang Regency in the 'Urf Perspective and to analyze the Conformity between the Ijarah Agreement and the Practice of Grave Digger Service Wages in Yosorejo Village, Batang Regency. This type of research is a socio legal research approach or empirical legal research and a conceptual approach. Primary data sources were obtained from observations and interviews by gravediggers and the community. Sources of secondary data obtained from research journals, previous research, and fiqh books related to research problems obtained by documentation techniques. Data analysis is carried out continuously. The results of this study indicate that the practice of providing wages for gravediggers in Yosorejo Village, it appears that the practice of wages is an inherent and long-standing tradition. Tradition in a society is a custom that is not easy to abolish or replace with new habits.

From Fiqh Matn to Code of State: Shifting Representation of the Multaqā from the Seventeenth to the Nineteenth Centuries Ottoman World and Beyond

Ibrāhīm al-Ḥalabī’s (d. 956/1549) Multaqā al-abḥur, published in 1517, quickly became one of the most authoritative fiqh texts in the Ottoman Empire. Ottoman authors treated it just as fiqh text. In their early writings, Western scholars also represented the book to their audiences as a fiqh book. However, by the late seventeenth century onward, Western authors started to portray the book as a code of the state in the modern sense of a uniform law. Some Muslim scholars in the late nineteenth century fallowed the same path. Thus, the representation of the Multaqā shifted from being a fiqh text to a code of the state. This article traces the historical process of this shift and argues that viewing the Multaqā as a code of the state was a misrepresentation that emerged under the influence of the notion of a modern nation-state.

Legal Views on Menstrual Delays in Ramadhan

Fasting during Ramadan is obligatory for every Muslim/Muslimah who is mature, intelligent, clean from menstruation and childbirth for women, and who does not have a valid reason, such as travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research). With a historical approach. The data collection method is using a literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979.

Penundaan Masa Menstruasi Dalam Ibadah Puasa Ramadhan Menurut Fatwa MUI No. 2 Tahun 1979

Fasting during Ramadan is an obligation for every Muslim/Muslimah who is mature, wise, clean from menstruation and after childbirth for women, and who does not have a valid excuse, such as: travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research) with a historical approach. The data collection method is by means of literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because, this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979

Manuscripts of abul barakat al-nasafi's works on furu’ Al-Fiqh

Abul Barakat al-Nasafi (d. 710/1310) is considered to be a mufassir, faqih, and mutakallim scholar from Mawarannahr. His work “al-Kafi” on furu’ al-fiqh is famous in the scientific world. It was created as a commentary on his earlier written book “al-Wafi”. This work had a great reputation along with other popular books of fiqh. This book may have been created when Abul Barakat was teaching “al-Wafi” in the madrasa in Kirman. Because students need to understand “al-Wafi” easier and faster. Abul Barakat wrote a commentary to meet this need of students and named it “al-Kafi”. Various issues of jurisprudence such as prayer, fasting, zakat, hajj, marriage, trade are explained in detail in the work. The article provides information about Abul Barakat al-Nasafi's life, his scientific activity, his works, the importance of the book “al-Kafi” and its manuscripts kept in funds of Tashkent.

Applying Risk-Taking in Islamic Banking and Finance from the Perspective of Islamic Jurisprudence

Islamic financial Institutions are expected to take considerable business risks when earning from their financial dealings. The objective of this study is to clarify the concept of risk in Islamic commercial financial transactions from the fiqhi (or Islamic Jurisprudence) perspective and analytically evaluate the selected three issues having place in the practice of Islamic finance based on the concept of risk taking maintained by Islamic fiqh. This is desk-based research where data has been collected from various sources such as classical fiqh books, regulators’ policy documents and guidelines, and journal articles. This study employed mixed methods of literature review and qualitative content analysis to analyze the data critically in search of assertive findings. The study revealed the issues relating to risk-taking behaviour of Islamic financial institutions (IFIs) as, amongst others, charging the cost of the fund on defaulting customers, holding the lessee liable for the total loss of leased assets under Ijārah Thumma al-Bay’(AITAB) and capital guarantee under Mushārakah based instruments. This study suggests that Institutions facilitating Islamic financial instruments shall have to evaluate the business risk based on their subjects namely (i) property (māl) and (ii) work (ʿamal) in ensuring the fulfilment of Shariah principles and expected risk-taking concept embedded in contracts or instruments without diverting them. Analysis of the selected cases in this research identified that when risk-taking principle is breached, the prohibited elements, such as Ribā, Gharar and Maysir, do arise and that they impede the realization of the Maqāṣid al-Shariah intended for Islamic financial contracts. This research would allow the Shariah scholars and legal authorities in the Islamic financial industry to extend their knowledge on issues in the practice of Islamic finance pertaining to risk-taking behaviours that are expected by the IFIs.

Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.

Recycling Ablution Water (Wudu’) Using Membrane Water Treatment: A Study from Fiqh Halal Perspective

Water conservation is essential in Islam. The reuse of water for ablution through the process of water treatment is one way of water conservation. However, discussions and debates occurred because the source of water used for the treatment is categorized as musta’mal, which is pure but not purified and may contain mutanajjis water. This article proposes a model of treatment and purification of ablution water in mosques or surau using membrane water treatment for water reuse. This article uses a qualitative method focusing on document analysis regarding fiqh books, articles and guidelines related to water treatment technology. According to the fiqh and science, this study found that water treatment for treating used ablution water using membrane water filter is pure and clean.

Islamic Law Analysis of Guidelines for Implementing Contracts in Nuri Savings and Loans and Sharia Financing Cooperatives (KSPPS) East Java

The aim of Sharia Cooperatives is to improve the welfare of members in particular and society in general and to contribute to building a just economic order in accordance with Islamic principles. Strengthening this principle, of course, must start from the contract as sharia legitimacy from the practices carried out by the Cooperative including the Nuri East Java Savings and Loans and Sharia Financing Cooperative (KSPPS). The formulation of the problems posed are 1) How is the Contract Implementation in the KSPPS Nuri East Java Contract Manual; 2) What is the analysis of Islamic law on the implementation of the contract? This research is in the nature of a text study of contract implementation manuals at KSPPS Nuri, East Java, so the method used is a literature survey, namely searching for and studying written materials related to the object of study. The findings of this study are that the contracts practiced at KSPPS Nuri East Java in general do have a strong foundation in Islamic law and are in accordance with the DSN MUI fatwa. Because the foundation of the MUI's DSN fatwa besides ummahatul mashadir such as the Al-Qur'an, hadith, ijma' and qiyas are also the views of the scholars in fiqh books.

Penulisan Karya Melayu Islam Klasik Abad Ke-17: Perbincangan Karya-Karya Terpilih

This article discusses the involvement of Malay ulama in the production of religious books or also known as kitab kuning, especially fiqh books in the 17th century. This century, as stated by some local historians, is the beginning of the development of classical Malay books in various fields including religion. The discussion in this article is focused on two things namely the development of writing religious books, focused on fiqh books in the 17th century, while the second case reviews two sample books that have been written in the 17th century namely (1) the Sirat al-Mustaqim and (2) the Mir'ah al-Tullab fi Tashil Ma'rifah Ahkam al-Shari'ah li Mulk al-Wahhab. From the discussion of the above, it can be concluded that the activity of writing classical Malay religious works developed along with the activity of writing in other fields including the fields of Malay literature, Sufism, Malay and Islamic history, Quran and Islamic medicine.