Ushul Fiqh Research Articles

Hubungan Fiqih dengan Ushul Fiqih serta Manfaat Mempelajarinya

In the basic concept of understanding ushul fiqh, studying the meaning, object of study, objectives, functions and sources of adoption of Islamic law. The methods and approaches studied in Ushul Fiqh provide a framework for fiqh experts in interpreting and deriving laws from these sources. Meanwhile, Fiqh applies the principles and methodology learned in Ushul Fiqh in implementing Islamic laws in various aspects of life. Ushul Fiqh and Fiqh have a close relationship. Ushul Fiqh provides the theoretical foundation, methodology and principles of interpretation, while Fiqh provides practical implementation in issuing Islamic laws. This relationship plays an important role in understanding, establishing, and implementing Islamic laws in the daily lives of Muslims.

Syarat Wajib Saksi dalam Perceraian dalam Tinjauan Maqashid Syariah, Mempertimbangkan Pandangan Fuqaha dan Mufassir

Marriage in Islam is a sacred and strong bond that aims to maintain self-respect and create a harmonious family life. Islam pays great attention to preserving marriage and preventing rifts that can destroy family harmony. However, in conditions that cannot be maintained, Islam regulates a way out through divorce with wise provisions, including the requirement for witnesses. There are differences of opinion among scholars regarding the requirement of witnesses in divorce. Some scholars do not require witnesses in divorce, while others consider it mandatory. This article examines the background of these differences of opinion and then provides an analysis using the ushul fiqh and maqashid sharia approaches. This approach focuses on a deep understanding of the existing evidence and the use of evidence by scholars to support their opinions. By understanding the concept of maqashid sharia, we can see that the presence of witnesses in divorce is in line with the objectives of Islamic law and provides legal certainty. The obligation to have witnesses in divorce, as also stated in Indonesian Family Law, is a stronger view in maintaining justice and ensuring protection for all parties, especially in dealing with the impact of divorce on children and families.

Analisis Hubungan antara Penguasaan Ushul Fiqh dan Tingkat Pemahaman Materi Fiqh di Semester VII Ma’had Aly Imam Bukhari

This study was conducted to analyze the relationship between the mastery of Ushul Fiqh and the level of understanding of Fiqh among seventh-semester students at Ma’had Aly Imam Bukhari. Ushul Fiqh is a crucial discipline in Islamic law studies, as it serves as a foundation for understanding and applying Islamic legal rulings. Therefore, the aim of this research is to determine whether mastery of Ushul Fiqh significantly contributes to a deeper understanding of Fiqh. This research uses a qualitative method with a descriptive approach. Data was collected through in-depth interviews with several seventh-semester students studying both Fiqh and Ushul Fiqh. Thematic analysis was used to explore the relationship between mastery of Ushul Fiqh and the understanding of Fiqh. The results show a significant relationship between the mastery of Ushul Fiqh and the understanding of Fiqh. Students with a strong grasp of Ushul Fiqh were able to understand Fiqh terms more easily and had better analytical skills in evaluating various scholarly opinions. In conclusion, the mastery of Ushul Fiqh positively contributes to a better understanding of Fiqh. Thus, improving the teaching of Ushul Fiqh is expected to enhance students' comprehension of Fiqh and improve the quality of Islamic education in academic institutions.

Memahami Makna : Kaidah ‘Amm dan Khash Serta Amr dan Nahi dalam Ushul Fiqih

Rules in Islam such as Amm and Kash as well as Amr and Nahi are used to understand Islamic law. Where these rules are the basis of Ushul fiqih, which discusses the methodology of determining Islamic law. This study uses a literature research method to understand how these rules are used to understand amm and kash as well as amr and nahi in Ushul fiqih. This data is collected from various written sources such as books, journals, literature and scientific publications. The rule of 'amm and kash' is used to understand the verses of the Qur'an and Hadith. "Amm means general rules and kash means special rules. " Therefore, these rules help determine the laws that apply in general and specifically in Islam. For example, the rule of "amm" can be used to understand verses that are generally applicable to all Muslims, while the rule of khash can be used to understand verses that apply specifically to certain situations. Amr and Nahi are used in understanding Islamic law. Amr means command and nahi means prohibition. These rules are crucial in determining which laws to follow or avoid in Islam. For example, amr can be used to understand the command to pray, and nahi can be used to understand the prohibition of adultery. The results of this study show that the rules of "Amm, Khash, Amr, and Nahi" are very important in enforcing Islamic law. An in-depth study of these rules will help to understand the meaning of sharia statements (Al-Quran and Hadith) more accurately and comprehensively. Misunderstandings in interpreting sharia provisions can be fatal. Therefore, understanding these rules is an important means of avoiding misinterpretation or misleading. This study will also enrich the treasures of Islamic science, especially in the field of Ushul fiqh and Islamic Law. Understanding these rules will help Muslims gain a deeper and more comprehensive understanding of their religious teachings and enable them to practice them more accurately and responsibly. Therefore, this research will help Muslims to face various situations and problems in daily life more wisely.

Talfīq Mażhab dan Kebutuhannya dalam Fatwa Kontemporer (Telaah atas Pandangan Wahbah al-Zuhailī)

Talfīq of maẓhab (combining several madhhabs in a single practice) is one of the important issues discussed by fiqh scholars, especially in the last few centuries. Some accept it, while others reject it. Various studies have been presented on this topic by many scholars and researchers. However, in this research, the author tries to connect the issue of talfīq of madhhab with the need for fatwas in the contemporary era and specifically examines the views of Wahbah al-Zuhailī, a very famous contemporary fiqh scholar, on this topic. The research refers to various writings and fatwas from Wahbah al-Zuhailī, then analyzes them based on fiqh, ushul fiqh, and fatwa principles as explained by scholars. Additionally, the author strengthens the analysis by providing examples of fatwas from other contemporary scholars and fatwa institutions, which result in the emergence of talfīq of madhhab. This demonstrates that talfīq of madhhab has been accepted by various groups, even though they sometimes do not mention it explicitly. The results of the research show that Wahbah al-Zuhailī accepts the concept of talfīq of madhhab, with certain conditions, and acknowledges its urgency in fatwas in the contemporary era.

Dampak Pandemi Covid-19 terhadap Pelaksanaan Akad Perkawinan di Kantor Urusan Agama Kecamatan Kabanjahe

After the enactment of Presidential Decree no. 12 of 2020 and PP no. 21 of 2020 regarding Covid-19 and PSBB, many public services experienced disruption, including marriage services. To avoid crowds at the District KUA, the number of marriage ceremonies is limited to eight couples per day. However, the Kabanjahe District KUA reported an increase in marriage requests in recent times, especially during the pandemic. Therefore, researchers are interested in examining the impact of the Covid-19 pandemic on marriage contracts at the KUA Kabanjahe District in 2022, with a focus on the implementation of Presidential Decree no. 12 of 2020 and PP no. 21 of 2020, especially the principle of mashlahah murlahah, is considered impermissible because it can cause harm or damage to humanity. This legal determination is based on the principle of ushul fiqh which states that "rejecting damage must take precedence over bringing benefit". In this context, the damage referred to is the risk of spreading Covid-19 among the Walimatul 'Ursy participants. Meanwhile, bringing benefit means continuing to carry out walimatul 'ursy as a form of notification to the public about the existence of a bond between the bride and groom's families. Supporting factors for this include good coordination between the KUA and assistants such as the Covid-19 officer unit, health educators and community leaders who are aware of social restrictions. Meanwhile, the inhibiting factor is the lack of public awareness regarding the importance of complying with regulations.

Economic Development And Growth In Indonesia According To Law Sharia Economy

Banking has an important role in the development and support of the country's economy, especially after the enactment of Law Number 10 of 1998 concerning Banking. Islamic economics in Indonesia has now begun to be recognized and approved by the public, given the proliferation of Islamic-based banks making people understand the systems in Islamic economics. The establishment of the Islamic Development Bank (IDB) in 1975 triggered the establishment of Islamic banks around the world including Indonesia. The birth of Law Number 21 of 2008 concerning Islamic Banking is a guarantee for the existence and legal protection of Islamic banking after the last decade of its existence which only regulates one of the principles of profit sharing which does not definitively and comprehensively regulate bank activities based on sharia principles. The method used in this research uses qualitative research methods using interview, observation and documentation techniques. This type of research uses descriptive analysis. The development of Islamic economic law in the future must increasingly refer to the protection of the benefit of the people by using maqashid sharia as a methodology and perspective. To establish economic law that falls within the scope of muamalah fiqh, a comprehensive mastery of ushul fiqh is absolutely necessary, especially to find and determine the legal illat for ongoing economic practices. Failure to determine the illat leads to failure to master the source of the problem. The current Islamic economics only talks a lot about distribution and consumption, such as the distribution of money and capital claimed to be without usury and halal product certification, and does not appear to talk much about production and all aspects related to it, such as ownership of land, resources, capital and by the private sector and conglomerates, including the fulfillment of labor rights, destruction of nature by production activities, and so on. The determination of the illat and maqashid of sharia in the economic field is also expected to pay more attention to the material conditions in which unequal production relations between community groups have resulted in economic colonization and which are very detrimental to society, especially those who are in a weak position in terms of capital, resources and power.

Eksistensi Taqlid dalam Konteks Pengalaman Keagamaan di Era Kontemporer

The practice of taqlid is part of the Islamic legal tradition which has an important role in maintaining legal consistency and stability during the classical period. However, in the context of modern times, the practice of taqlid faces various problems, such as legal rigidity, madhhab fanaticism, and excessive dependence on ulama. The subject of this research focuses on the nature and law of taqlid as well as the existence of taqlid and Islamic law in the contemporary era. This research uses a type of normative research, a qualitative approach with a literature review method that involves searching, collecting and in-depth analysis of various references from books and scientific journals. This reference specifically discusses reflections on ushul fiqh in the context of taqlid, including related issues. The results of the research show that taqlid is divided into two according to the ulama, there are those that are forbidden or not allowed and there are also those that are permitted. Because basically taqlid is haram, but we see a phenomenon in society, that not all people can perform ijtihad on their own, so scholars divide two types of taqlid, namely those that are forbidden and those that are obligatory. It is haram for people who are capable of ijtihad but obligatory for ordinary people. Therefore, there needs to be an effort to improve religious education that emphasizes the ijtihad method, as well as encouraging the renewal of Islamic law that is relevant to current developments. In this way, taqlid can be carried out in a moderate and balanced manner, while still opening up space for dynamic and contextual ijtihad.

Memahami Kaidah Ushuliyah Al-Am, Al-Khas, Al-Amru dan An-Nahyu Sebagai Metodologi Penetapan Hukum Islam

There are at least three problems that will arise if the establishment of the Islamic law ignores the Ushuli theory; the ambiguity in the use of Ushuli theory, the misunderstanding of the Nash in the Qur'an and Hadith, and the broad interpretation because it does not focus on one or more of the Uushuri theories. The purpose of the study is to know the approach of the Ushuliyah al-am, al-khas, al-amru and al-nahyu as methodologies, procedures, and problems in the establishment of Islamic law. This research is a qualitative library research with a Ushul Fiqh approach. It is the same in the Qur'an as in the Quran. The procedure for the establishment of Islamic law is not much different from some of the views of scholars conducted, in general, namely by searching for the provisions of the law in Al-Qu’an and Hadith and analogous to the Islamic Shariah. The problem is that it lies at the core of the beginning of the law, on the different understanding and meaning that is presented or expressed by the scholars, the solution to overcome this problem by following the agreement of the scholar. Thus, in the understanding of the teachings of the Ushuri: Al-Am, Al-Khas, al-Amru and An-Nahyu, which is a small part of the studies of Ushuli, open a great opportunity for further research to discuss more fully about the teaching of Ussuri than Al-Amm, Al - Khas, Amru and Al – Nahyu.

Penerapan Kaidah Fiqh Al-Hajatu Tanzilu Manzilata Al-Dharurah dalam Kompleksitas Perubahan Kehidupan

Al-hajatu tanzzilu manzilata al-dharurah (the need to occupy an emergency position) is a fiqh rule that is often misunderstood in its use in an effort to justify changes to a law. The reason for using this method is often based on an urgent need that seems to be the same as or at least approaching an emergency. On the basis of an emergency, a law or legal procedure can be "violated" temporarily. This study will focus on the Al-hajatu tanzzilu manzilata al-dharurah fiqh rules in order to understand the difference between the terms al-dharurah (emergency) and al-hajah (need), so that it can be ascertained which legal acts can change due to necessity and which cannot changed. After reviewing various ushul fiqh literature, it can be concluded that this rule can be developed in its application to various emergencies in life both in the fields of economics, energy, food, education, human rights, politics and worship.

Membumikan Ushul Fiqh: Kajian Terhadap Definisi, Objek Pembahasan, dan Urgensi Mempelajarinya di Era Kontemporer

Ushul fiqh, as a branch of Islamic law, has a significant role in establishing laws based on the main sources of the Koran and Sunnah. The aim of this research is to explain the definition of ushul fiqh comprehensively and explore and identify the main objects of discussion in ushul fiqh and their relevance to contemporary issues. The research method used is library research with a qualitative approach. The result of this research are that Ushul Fiqh is a very important science for Muslims to understand Islam comprehensively and accurately, and to be able to apply it in everyday life. Studying Ushul Fiqh in the contemporary era is very important for various reasons, such as the era of globalization and modernization, the emergence of many schools of thought and ideology, and the need to understand and apply Islam comprehensively and accurately.

Definisi dan Keterkaitan Mantuq dan Mafhum, Dzahir dan Mu’awwal, Nasakh, Muradif dan Musytarak

The study of ushul fiqh is very closely related to the Koran and Sunnah. Both of them are the core sources of Islamic sharia law which are used as proof which are processed by ushuliyah rules in determining sharia laws. This research aims to explain the essence of Ushuliyyah rules, especially regarding Mantuq and Mafhum, Dzahir and Mu'awwal, Nasakh, Muradif and Musytarak. This research is library research with the subject and object coming from library materials in the form of ushul al-fiqih books and fiqh journals. The results of this research came to the conclusion that the fuqaha used various methods to understand the texts in the Al-Quran and hadith. One way is to use ushuliyah rules such as mantuq and mafhum, dzahir and mu'awwal, nasakh, muradif and musytarak.

KONSTRUKSI PEMIKIRAN FIKIH SOSIAL KH. SAHAL MAHFUDZ

Abstract This article reviews Islamic law and fiqh as a side of Islam that many struggle with the dynamics of life. Fiqh which is related to the reality of everyday life is a treasure that is wide open across time, time and human development itself. In reality, the idea of ​​fiqh is mostly positioned as an absolute and tsawabit science, so that it becomes difficult to develop a spirit of ijtihad and reformation in a syumuli manner. This is where K.H Sahal Mahfudz tries to position fiqh as an analysis that is able to answer society's problems in a more progressive and transformative way. Social, societal and cultural conditions are facts of the ummah that also need a sharia foundation. This alignment and dialectic of fiqh with the social life of society is what K.H Sahal Mahfudz raised as a form of revitalization of sharia teachings that is sensitive to the ummah. It is hoped that the concept of social fiqh offered by KH Sahal Mahfud will actualize and optimize fiqh as a system of values ​​and behavior that continues to develop in society. Keyword: Social Fiqh, Ushul Fiqh, Sahal Mahfudz

KEPEMIMPINAN DAN SPIRITUALITAS: STUDI KEPEMIMPINAN KH. ABDURRAHMAN WAHID

Spiritual leadership is leadership that brings worldly matters to the ukhrowi (ilahiyah) dimension. Namely leadership that is able to inspire, influence through giving examples, and serve with compassion. One of the nation's leading figures and also a global Muslim intellectual, namely KH. Abdurrahman Wahid or Gus Dur. This paper aims to examine Spiritual Leadership in the perspective of KH. Abdurrahman Wahid. This research is in the nature of a literature study, in which the researcher is to obtain the results of an in-depth study related to the literature on Spiritual Leadership in the view of KH. Abdurrahman Wahid. Gus Dur has views on various issues, always assessed by Islamic universalism which prioritizes spiritual values. In his leadership he strictly forbade Islam to use violence because Islam itself is a religion of peace. However, he allowed the use of violence in certain situations, for example when pressed. But as long as the path of peace can still be taken, he forbids using violence, returning to his original law that Islam is a religion that is rahmatan lil alamin. In the political field, for Gus Dur, democracy means equal rights and status of every citizen before the law, regardless of differences in ethnicity, religion, gender and language. Gus Dur's thinking about religious tolerance does not only use the products of traditional Islamic thought, but also emphasizes the use of methodology (manhaj), legal theory (ushul fiqh), and legal principles (Qawa'id Fiqhiyah) within the framework of making a synthesis to giving birth to new ideas as an effort to respond to actual changes in society so that inter-religious conflicts can be avoided.

KONSEP MAQASHID AL-SYAR’I IMAM AL-SYATHIBI DALAM STUDI HERMENEUTIKA AL-QUR’AN

As-Syathibi is one of the famous scholars and experts in the science of jurisprudence. He was born in Granata in 730 AH and died in 790 AH. He was known as a qualified scholar in various scientific disciplines such as Arabic, philosophy, kalam science, tafsir and hadith as well as fiqh and ushul fiqh. He has many works, one of which is Kitab al-Muqafaqat fi Ushul al-Shari'ah. It is this book that makes al-Shathibi known as the father of maqashid al-Shar'i. Imam al-Shathibi divided the discussion of maqashid al-Shar'i into 2, namely qasd al-Shar'i and qashd al-Mukallaf. In this article, the author will explain and explain the biography, works and concepts of maqashid al-Shar'i according to al-Shathibi. This research uses library research method with qualitative approach.

Modern Islam and Indonesian Culture; Evolving Rituals and Institutions

In Indonesian culture, Islam is not just a religion but also a system that influences and adapts to local traditions. This study explores the complex relationship between Islam and Indonesian culture, focusing on the roles of rituals and institutions. This research aims to explain Islam and Indonesian culture (Rituals and Institutions). This study employs library research with a descriptive qualitative approach. Data collection involves sourcing relevant references for this research, such as journal articles, books, and other scientific writings. The data is then analyzed using data reduction, presentation, and conclusion. The results show that Islamic art and culture have significantly contributed to Indonesia's cultural wealth. For example, architectural art with unique forms of mosques, tombs, and other buildings reflects Islamic architectural styles. Calligraphy is also an important part of Islamic art in Indonesia, with beautiful Arabic writings and profound meanings. In preaching, the Walisongo utilized local traditions before Islam, which were then Islamized as long as they did not contradict Islamic law. This aligns with the principles of ushul fiqh.

Dari Ushul Fiqh Menuju Filsafat Fiqh: Membaca Gagasan ‘Abd al-Jabbar ar-Rifa’i Tentang Filsafat Fiqh

This article intends to elaborate in depth on Abd al-Jabbar ar-Rifa'i's (AJR) thoughts about the philosophy of fiqh. This topic is particular because AJR explicitly uses the term the philosophy of fiqh as a new study in Islamic law, as a new branch of ushul fiqh. To deeply explain the concept of the philosophy of fiqh and its position in Islamic law studies, the author uses qualitative descriptive research with a philosophical approach, especially the philosophy of science. This research found that AJR limits the philosophy of fiqh in a loose definition, whereas a material object, fiqh, is approached with a philosophical and sociological perspective. The philosophy of fiqh is also compared with other traditions in Islamic law studies, such as ushul fiqh and maqashid asy-syari’ah. With these broad boundaries, the AJR concept of the philosophy of fiqh is flexible. It opens up opportunities for developing broad fiqh studies when faced with developments in modern science and responding to various contemporary problems the Muslim community faces. The philosophy of fiqh in this article also shows the shifting paradigm cycle in the study of fiqh or Islamic law.

Assessing the Istislahiah Method in Islamic law: Study of The Utilization of Science in Ushul Fiqh in The Context of Indonesian Fiqh

Assessing the Istislahiah Method in Islamic law: Study of The Utilization of Science in Ushul Fiqh in The Context of Indonesian Fiqh

The Status Of Ramadan Fasting Observed By Hemodialysis Patients From An Islamic Perspective

The month of Ramadan is a special time for Muslims to worship, erase sins, and gain the rewards and pleasure of Allah SWT. Shaum or fasting, the primary worship during this month, involves abstaining from things that invalidate the fast. However, fasting is not intended to be difficult, as stated in the Qur'an, Surah Al-Baqarah: 185, which emphasizes ease rather than hardship in fasting. Besides its spiritual aspects, fasting also has health benefits, such as helping patients with obesity and heart disease. For patients with chronic kidney disease who require hemodialysis, fasting can be particularly challenging. Hemodialysis is a life-saving method that involves cleaning the blood outside the body. In Islam, there are principles of ushul fiqh that provide rukhsah or legal concessions for those who face difficulties in fulfilling religious obligations due to certain conditions. However, if a kidney failure patient insists on fasting despite having been granted rukhsah, this is known as azimah. This study aims to explore the status of azimah for hemodialysis patients who choose to fast from an Islamic perspective. Using a qualitative approach through literature review and in-depth interviews with fiqh experts, this research seeks to understand the legal implications and medical conditions involved. The results are expected to provide clearer insights into the practice of fasting for hemodialysis patients within the context of Islamic jurisprudence.

Improving Thinking Skills Through Usul Al-Fiqh Learning: An Action Research on Prospective Islamic Religious Education Teachers

As part of the study of Islamic law, ushul fiqh demands that one be able to practically handle religious issues by using the ulama's defined principles of Islamic law. Applying Islamic legal theory practically calls for critical thinking abilities. Therefore, this research aims to find a learning formulation in Ushul fiqh that integrates efforts to improve thinking skills. To achieve this goal, action research was chosen as a research design which was carried out in three research stages, namely pre action, implementation action and post action. This design was chosen considering that the context of this research is oriented towards finding solutions to learning problems. This research involved 35 prospective Islamic religious education teachers who took Ushul Fiqh courses from one of the government-owned Islamic universities, which is quite popular in Indonesia. Data was collected through surveys and semi-structured interviews which were analyzed using a descriptive quantitative approach and qualitative with content analysis. This research produced seven stages as learning formulations that need to be implemented in the ushul fiqh learning process. The study concludes that the proposed seven steps effectively elevate students' thinking skills to the Higher Order Thinking Skills (HOTS) level while applying usul al-fiqh principles. The findings suggest a promising pedagogical approach for cultivating advanced thinking skills within the context of Islamic law education. The main contribution of this study is to present a practical methodological guide regarding the steps for teaching usul fiqh, which is oriented toward improving students' thinking skills.