Principles Of Fiqh Research Articles

Budaya Money Politic di Indonesia dalam Tinjauan Qawa'id Fiqhiyyah

Indonesia, which adheres to a democratic system, holds the people’s party in the implementation of general elections (elections) which are held every five years. Each edition of the general election (election) is always characterized by the practice of “money politics”. In the development of the term money politics, the media called it “political dowry”. Political dowry is the cost incurred to cover the cost of running a political party (political party) from the grassroots to the central level. Money politics held by successful teams is considered something realistic in getting votes. The general election (election) was initially real, moving towards transactional. This cannot be separated from the behavior of the Indonesian people which continues to develop in responding to the implementation of general elections from the beginning to the end of 2019. This paper responds slightly to the practice of political dowry which continues to exist in every five-year edition. In fact, this practice can be said to have been deeply rooted and become a culture of society in gaining votes in general elections (elections). Fiqh rules are one of the tools in determining cases in Islamic law. Al-’ādatu muhakkamah is one of the five principles of fiqh. al-’ādatu muhakkamah in its concept strongly adheres to two elements, firstly the element of al-’adah (customs) that exists in society, and secondly the element of ‘urf which contains good values in society. Equipped with several branches of the rules, then the writer calls it “al-’ādatu muhakkamah frame”. Because conceptually in these rules there are several limitations that become rules that are not free in absorbing and judging from the cultures or customs that develop in society. Political dowry in Indonesia has become entrenched because this practice has been carried out for quite a long time. based on the concept of al-’adatu muhakkamah cannot be allowed meaning it is prohibited (haram). With the indication that the culture of dowry politics is not part of a culture that has ma’ruf (kindness) values even though this has been assessed by the majority of society as something normal and commonplace. Furthermore, the effect of the political dowry is the beginning (root) of the corrupt practices by the elected candidates in the future.

A Review of Siyasah Fiqh on the Implementation of Regional Regulation Number 5 of 2012 Tangerang City

Regardless of the size of a city, children living on the streets, the homeless, and begging have become typical aspects of city life. This issue appears to necessitate particular attention. The problems of unmanaged homelessness, street kids, and begging are also present in Tangerang. The purpose of this study was to determine the extent to which the fiqh siyasah has evaluated regional rule 5 of 2012 in Tangerang City. This inquiry utilizes library searches with a policy-centric focus. This study discovered that Law No. 11 of 2009 concerning Social Health and Law No. 13 of 2012 concerning Handling the Poor are used to implement the Tangerang City Regulation, which promotes the right to education, shelter, and work for street children, homeless persons, beggars, and buskers. Numerous aspects of Tangerang City Regulation Number 5 of 2012 are consistent with siyasa fiqh, including the obligation to protect all people regardless of race or religion, the protection of oneself, one's property, and one's family, and the emphasis on equality of rights and equality before the law. In accordance with the Siyasah fiqh principles espoused by Abdul Khalaf Wahhab and Abu A'la al-Maududi, Regional Regulation No. 5 of 2012 also seeks to preserve the human rights of each community, social justice, and legal protection for all.

Relation of religion and practical politics: Contextual adoption of constitutional Islamic jurisprudence for Muslim clerics in Indonesia

Some clerics (ulama) in the Islamic world are of the view that practical politics is closely related to Islam, which regulates how an order of state is run. This view historically departs from Islamic constitutional jurisprudence texts that justify political Islam. Likewise, some Islamic boarding schools’ (pesantren) clerics, better known as kyai in Indonesia, are of the view that practical politics is not only a world affair but also an activity based on the application of Islamic legal principles in achieving public welfare. This study aims to determine the academic basis of pesantren ulama in making decisions to be active in practical politics in Indonesia. Using a qualitative approach through interviews, the results of this study indicate that the political decisions of pesantren ulama are strictly based on the perspective of political Islam and fiqh principles that justify the involvement of ulama in politics. Furthermore, the conclusion leads to three perspectives in political motivations for pesantren’s ulama: to gain power, to preach Islamic values, and to demonstrate the existence of ulama in modern state administration.Contribution: The contribution of the study is to describe the permissibility of politics as an alternative to preaching and to show the existence and ability of ulama in state administration.

ACTUALIZATION OF REASONING PHILOSOPHICAL STANDARS IN PERSONAL DATA PROTECTION

The penetration of technology and information in personal data has been packaged with juridical regulations but has experienced a shift which results in legal inequality, abuse, stigma and criminalization. The reality of advances in information technology ensures that the person is a thief of personal data under the guise of a profession. The existence of personal data is analogous to humans personally who discuss the need for personal data protection. The absence of consensus on the classification of personal data and data protection enlivens the free trade that has the potential to be misused. The utilization of Islamic law methodology as an instrument is assessed to be up to date by elaborating various legal sources in it, such as maslahah mursalah and sadd al zari'ah. The problem of mursalah is realized by government policies that are repressive and advocacy. As for sadd al zari'ah as a preventive effort that silences and closes gaps that have the potential to cause digital crime. Various fiqh principles in politics and siyasa also provide a complete analysis of the substance. The existence of both requires the unification of certainty, justice and legal benefits to be combined. The existence of personal data in the modern world needs to be legitimized and confirmed in the form of regulation and the rule of law. The involvement of the government and stakeholders is absolutely necessary for the design of regulations that are not only administrative in nature but also provide criminal or civil sanctions. The rule of law before or after the formalization of specific regulations regarding the protection of personal data is ensured to guarantee security and comfort.

Praktik Dumping (Siyasah Al-Ighraq); Pandangan Imam Suyuthi Perspektif Ekonomi Islam

The practice of Islamic economics during the time of Rasulullah SAW, the generation of companions (khulafa ar-rasyidun), and afterward played a significant role in the development of prosperity and social justice. Furthermore, every adherent is required to apply fiqh law in the development of the Islamic economy. However, in today's world, trading practices have spread to international networks, resulting in dumping. Dumping is the practice of exporters selling products at relatively lower prices than normal prices. The goal of this research is to discover why Imam Suyuthi believes that dumping (siyasah al-ighraq) in trade is permissible. Although Imam Suyuthi, the founder of the leading Syafi'iyah school in 9th century Hijriyah, did not specifically discuss dumping law, he did explain various fiqh principles (Qaidat al-Fiqh) in his work Al-Asybah Wa An-Nadzair, so that he could reformulate every event that has not and will not appear in classical fiqh problems. The authors are well aware that the term dumping (Siyasat al-ighraq) was not found during the time of Rasulullah SAW, so Islamic law researchers linked the policy of Amir al-Mukminin, Caliph Umar bin Khatab RA.. This is library research (Library research), and the authors use a qualitative research method, which is a type of research in which data is obtained from documentation data, such as books, laws, and so on. In terms of analyzing the constituent data using analytical descriptive analysis, the goal is to describe and analyze the data in depth. While the approach model employed is historical and social in nature. Imam Suyuthi's viewpoint on the practice of dumping in trade, citing the need to eliminate harm and the importance of government policies in meeting the needs of its citizens. Imam Khawarizmi proposed "maintaining the purpose of syara' (in establishing law) by avoiding human damage

Konsep al-Ḍarūrah Tentang Vaksin Astrazeneca Perspektif Majelis Ulama Indonesia

This study aims to comprehensively describe the general overview of al-ḍarūrah and the AstraZeneca vaccine, examine the analysis of fiqh principles regarding al-ḍarūrah in the use of the AstraZeneca vaccine by the MUI, and analyze the MUI fatwa Number 14 of 2021 concerning the Law on the Use of the Covid-19 Vaccine Product. AstraZeneca. This study uses a qualitative-descriptive research method with library research techniques. The results showed that al-ḍarūrah is a condition that threatens human life or part of its body. Al-ḍarūrah referred to in the use of the AstraZeneca vaccine is that there is an urgent need condition (al-ḥājah al-syar'iyyah) that occupies the condition of al-ḍarūrah. This is in line with the fiqh rule "al-ḥājah al-'āmmah wa al-khāssah tanzīlu manzilah al-ḍarūrah" namely general and special needs occupy the position of al-ḍarūrah. The MUI fatwa regarding the use of AstraZeneca's Covid-19 vaccine on the grounds of urgent need that occupies the position of al-ḍarūrah, can be categorized as al-ḍarūrah for treatment, where the Covid-19 vaccine of AstraZeneca product is in accordance with awābiṭ al-ḍarūrah, namely: first, al-arrah arūrah really happens instantly, not waiting for a deliberate al-ḍarūrah; second, there is no other solution except to violate the prohibition; and third, based on reliable expert testimony that there are no drugs other than those that are forbidden.

Reshaping Islamic Corporate Reports

Islamic Corporate Reports (ICRs) is an alternative synthesized Islamic accounting theory to explain and improve the ethical foundations and implications of Islamic financial reports guided by AAOIFI. This article aims to sharpen the ethical foundations of Baydoun & Willett's ICRs, particularly regarding the Islamic value-added reporting (VAR) as well as projecting its implications on the shape and substance of the report. Baydoun & Willett suggested the addition of current value to complement the historical value for the balance sheet and VAR as a substitute for the income statement. This study employs qualitative approach by examining three fiqh principles. The principle of al kharaj bi al dhaman (cost-reflected earning), maslaha (welfare) and nafaqa (expenditure) to build a new perspective on Baydoun & Willett's VAR. The examination of three fiqh principles on VAR can be understood in a broader perspective in a smooth and relatable way by the Muslim community because it has stronger roots in the legacy of Islamic scholars, especially in the financial sector. Keywords: al kharaj bi al dhaman , Islamic corporate reports, maslaha, nafaqa, value-added reporting,

Religious Response to Covid-19: A Study of Fiqh Disaster from the Perspective of Islamic-Neuroscience Education

Religion- belief in God fundamentally that has been held and believed by the majority of people. Religion is the one that governs all lines of life and procedures. During the Covid-19 pandemic, they were then asked about how religion responded to it. The fiqh disaster study is one of the answers that are quite important to consider. The importance of understanding fiqh has implications for legal development which is intended to build a goal, namely to attract maslahat and reject mafsadat. The method used in this study is library research which shintesizes the literatures related to this concern issues. The religious response is in the form of a fatwa issued by the Ulama which actually absorbs the principles of ushul fiqh (as one of the sources) which can be combined with the education-neuroscience pattern. The correlation of the religious response in this case regarding the study of fiqh principles with Islamic-neuroscience education is that jurisprudence is able to open the human mindset regarding the problems at hand, including the Covid-19 pandemic. This concept is able to change the existing worship patterns in society. From those who initially performed worship in congregation at the Mosque (for Muslims), then switched to worship which was carried out independently in their respective homes. This proves that in a situation like this, people are required to be aware of the importance of reviewing the science of religion (Islam) as a guide in carrying out life in various situations. This is as a purpose of the concern study currently when the global infacted the Covid-19 pandemic and how Islam as a religion gives solution for these problems accurately by following the quran and hadith that covered in the concept of fiqh disaster

Application of the Legal Maxim of Al-Ashl fi Al-Ibdha ‘al-Tahrim to the Phenomena of Homosexuality

This research examines the phenomenon of homosexuality that is currently developing in the Western world and has even entered Indonesia. Many homosexual associations and organizations established in Europe and America, even in Indonesia are known as LGBT (Lesbian, Gay, Bisexual, and Transgender). Yet homosexuality is an extraordinary moral crime and a sign of moral degradation. The application of the principles of fiqh “Al-Ashl fi Al-Ibdha’ al-Tahrim” (the original law on sex is haram) in responding to the homosexual phenomenon through the approach of maqasid syari’ah, then homosexuality is haram because it destroys religion, the human soul, reason, descent, and also destroy honor. The original law of jurisprudence on the issue of sex is haram, responding to the homosexual phenomenon that is against the teachings of Islam which requires marriage to the opposite sex. Of course homosexual offenders or even more broadly, LGBT (Lesbian, Gay, Bisexual, and Transgender) are always looking for justifications and arguments that justify these acts, even on human rights grounds. Even though this is very contrary to his nature as a human being.

URDU: پانچویں صدی ہجری میں لکھی گئی مالکی اصول فقہ کے کتب کے مؤلفین کی حالات زندگی اور مناہج کا تحقیقی مطالعہ

In this article has been strived to present an introduction of maliki Jurists of principles of Fiqh and also a research study has been done on methodology of their books wrtten in the 5th century. 1-Al Taqreeb wal Irshad by Muhammad Ben tayyab, 2- al Mu’tamad Fi Usul al Fiqh by Mhammad ben Ali Ben tayyab, 3- Al Burhan Fi Usul al Fiqh By Abdul Malik Ben Abdullah ben Yusuf ben Mhammad aljawani, 4- Al Mahsool Fi Usul al Fiqh, By Abo Bakkar Muhammad ben Abdullah ben Mhammad ben Abdullah al undulusi, 5- Al Isharah Fi Usul al Fiqh By Abo al waleed suleman ben al Khalaf ben sa’ad ben Ayuoob ben warith al tajeebi al qurtabi al baji al undulusi, 6- al Hudood Fil Usul By Mhammad al Hasan Ismaeel. It has been tried in this article to cover all aspects of author of each book to know his teacher and student who contributed in establishing of maliki Fiqh. That is why first of all an introduction of the teacher of each author has been presented and then his students. And also, a brief introduction of his other books has been done in order to know his contribution. In the last a detail of each book of each author of the above mentioned five books, is presented. Also, some findings are added in the last of this article.

Qaidah Furu’ Fi Al-Riba dan Implementasinya

In the texts, namely the Al-Quran and hadith, many provisions are developed from the text itself, one of which is the rules of fiqh. There are many discussions of fiqh principles related to the muamalah contract and discussions outside the contract, such as usury. There are many verses of the Koran and hadiths that prohibit people from practicing usury so that usury is categorized as a grave sin and mujma’ ‘alaih. This paper briefly explains the rules of fiqh about usury. This study aims to understand the community of borrowing and borrowing or what kind of debt is categorized as usury. This article uses a qualitative approach that is the library in nature. The data in this study come from books and journals related to the topics discussed, namely the rules of furu’ fi al-riba. The data analysis technique used was data reduction, data presentation, and conclusion drawing. The results of the analysis show that muamalah transactions in any form are not prohibited, but muamalah transactions that are prohibited are muamalah transactions that contain elements of usury.

The Temettok Tradition at Walimatul Ursy According to Aceh Ulama and Traditional Assembly (MAA)

The temettok tradition in the context of law is basically permissible, but in its journey, this shift in tradition has undergone significant changes, especially in the essence of this tradition itself, which is a tradition built on the principles of ta'awun and mutual cooperation, but shifts to economic values ​​that are demanded its citizens to bear expenses which in principle were like debt. This research aimed to find out how the Temettok tradition at walimatul ursy according to Aceh Ulama Traditional Assembly (MAA). The approach used in this research was to use a qualitative approach. The results of this research indicated that first, The tradition of recording Temettok money when the walimatul ursy in Aceh Singkil Regency had two percentages, the first is the Cinendang river, which was estimated to have existed since 1985. The two Sungkhaya rivers were thought to have existed since 1956. So, this Temettok tradition held at the time of the walimah to be precise on the last day. Second, The Temettok tradition, in the view of Aceh Ulama and Traditional Assembly (MAA), allowed this tradition by reason of the principle of fiqh “a custom can be made into law”, besides that the Temettok tradition was also in the form of a grant, not a debt, because if a debt was owed, the law was haram, because tradition might not conflict with Islamic law. Thret, After analyzing more deeply based on the verses of the Qur'an and the hadith of the Prophet Muhammad SAW, that the Temettok tradition was classified as ‘urf Sahih, because, this urf applied in general, it did not contradict Islamic law, the gift was in the form of a grant. So apart from that, if it was seen from the social side, the Temettok tradition at the time the walimah put forward help, strengthened ties, strengthened ukhuwah and the Temettok tradition was well known in the community.

Variations in Shaf Distance in Prayer; Comparative Study Between the Shafi'i School and the Maliki School

Prayer is one of the many obligatory matters imposed on Muslims. Therefore, in carrying out prayers, it should be done specifically, such as closing the shaf for the perfection of the prayer. But the problem that then arises is due to the Corona Virus Disease (Covid 19) phenomenon or event. The government's efforts to suppress the spread of Covid 19, one of which is the distance to prayer shafts. Prayers that are spaced apart certainly create new legal problems among Muslims. The purpose of this research is to find out the legal basis for shaf salat, the argumentation of fiqh principles on shaf salat changes and the views of the Syafi'I and Maliki Schools on shaf changes. The research method used is library research which is analytical and comparative in nature. Sources of data used in this study are secondary, primary and tertiary.Keywords: Prayer Shaf; Prayer; Imam of the School

ALI JUM’AH APPROACH ON QUR’ANIC MAQĀSIDĪ EXEGESIS; A STUDY OF AL-NIBRĀS FĪ TAFSĪR AL-QUR’ĀN

This study aims to discuss Maqāsidī exegesis in the tafsir of al-Nibrās fī Tafsīr al-Qur’an al-Karīm by Alī Jum’ah. As a figure on fiqh studies, Alī Jum’ah’s exegesis was born from a very strong maqāsid nuance, mainly related to contemporary legal issues. This article discusses how the epistemology of the maqāsidī exegesis used by Alī Jum’ah in interpreting the Qur’an and how the nuances of the maqāsid play a role in responding to contemporary problems. By using thematic writing techniques on legal verses and using descriptive analysis methods, this research results in the conclusion that the epistemology of maqāsidī which is applied in the book al-Nibrās fī Tafsīr al-Qur’ān al-Karīm prioritizes fiqh analysis and fiqh principles rather than discussion of tafsīr as in general. Through the maqāsidi’s approaches which are based on these principles, Ali Jum’ah tends to study us}ūl al-Fiqh and maqāsid rather than the interpretation itself. This research also confirms that a person’s scientific background also gives colors and patterns in interpreting the Qur’an

Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat

Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī’s ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyāt so that it always leads to convenience and avoids difficulties.

Ayat-Ayat Hukum dalam Alquran Mengatur Hubungan Sesama Manusia

This study aims to reveal the legal verses in the Koran, especially the legal verses about human relationships (habluminannas) that have been written in the Koran, as a guide or reference for Muslims. Especially in the case, the number of verses regarding muamalah law is relatively small, especially when compared to the law verses on worship. While the development of life seems to continue to change. while the verse has no changes and additions. This research was conducted with literature study, data collection techniques using documentation techniques with data analysis, namely content analysis. The results show that the verses of muamalah law are classified into 7 (seven) sections, including those related to family law, civil law, criminal law, procedural law, administrative law, economic law, and finance. The verse of law regulates fellow human beings or muamalahs which provide little opportunity for Muslims to implement muamalah activities in accordance with the guidelines contained in the Koran and Hadith, if not explicitly explained it is supported by other legal products such as ushul fiqh and kaedah- fiqh principles.

"قواعد النيات والمقاصد عند الحافظ العراقي وابنه الحافظ أبي زرعة من خلال كتابهما "طرح التثريب

This study aims to explore the principles of the Islamic law that govern the intentions and intentions of the mukallaf in the views of al-Hafizh al-Iraqi and his son, al-Hafizh Abu Zur'ah, in their work, Tharh al-Tatsrib. This research seeks to raise the position of al-Hafizh al-Iraqi and his son, al-Hafizh Abu Zur'ah, in the study of Islamic law, through a study of fiqh principles relating to the intention of mukallaf and their application in Islamic law. The method used in this research is the inductive method and legal analysis. Among the important conclusions of this research is that there are at least 10 rules related to intention in the Book of Tharh al-Tatsrib, all of which are then explained the arguments and applications of Islamic law. This research also found the superiority of al-Hafizh al-Iraqy and his son, al-Hafizh Abu Zur'ah, in the study of Islamic law, although both were more popular in the study of hadith; which is shown by their interaction with the rules of Islamic law in their work, Tharh al-Tatsrib.

Fiqih and Progressive Law: Study of Inequality and Racial Issues in America

Racial issues and gaps in the US are a phenomenon that the world is witnessing, where intimidation against minority groups is often heard, and this act certainly contravenes the values of appropriateness and human values people of all races highly respect. This research is literature-based in which the data was analyzed in descriptive method based on content analysis. This research aims to reveal the racial issues in the US seen from the perspective of Fiqh and progressive law. The findings of this research imply that this phenomenon contravenes the fundamental principles of fiqh and progressive law.

PEMBELAJARAN EKONOMI SYARIAH MELALUI KLASIFIKASI KAIDAH-KAIDAH FIKIH DALAM FATWA DSN-MUI

Abstract: Sharia economic learning is a program that continues to be promoted in the context of optimizing fatwas so that they can be accepted by all groups. Fiqh principles are part of the “remembering” points in the DSN-MUI fatwa. This research examines the classification of the principles of fiqh in these fatwas according to the discipline of jurisprudence as part of the science of jurisprudence. This research is a library research. The research data in the form of DSN-MUI fatwas from 2000-2017 (116 fatwas) were collected using documentation techniques and analyzed using content analysis methods and then submitted descriptively-qualitatively. This study found that not all of the Basic Principles ( al-Qawaid al-Asasiyyah ) were used in the DSN-MUI fatwas; the mention of Fiqh principles is not hierarchical; editors of the hadiths that have become rules; Ushul's rules; and the inadequate use of fiqh principles in fatwas. In the context of learning Islamic economics with literacy and optimizing fatwas, the research recommends the maximum use of fiqh principles, both al-Qawaid al-Asasiyyah, al-Qawaid al-Far`iyyah, and al-Qawaid al-Kulliyyah . Keyword : Fatwa, DSN-MUI, Skonomi Syariah

PROSESI KHITBAH DI INDONESIA PERSPEKTIF LOCAL WISDOM DAN QAIDAH FIQH

In an initial process leading to marital ties is identical to the procession of the sermon as the delivery a serious will to get married. Where in general, the family of men first conveyed their intentions to the women. The implementation of sermon is considered important in order to avoid a regret in the future, considering the divorce rate is pretty much happening lately in Indonesia. This research was conducted in literature study, based on consideration of the provisions of the sermon in view of the local wisdom and qaidah fiqh. The procession of sermons in Indonesia as long as they dont conflict with the principles of fiqh and are of good value, the law is good and highly recommended to be implemented.