Usul Fiqh Research Articles

Perspectives On The Use Of Qiyas Between Imam Bukhari And Imam Syafie

The issue of applying fiqh (Islamic jurisprudence) in today's society highlights the need for a method that can harmonize the adaptation of Quranic and Hadith texts with changing times. Qiyas (analogical reasoning) is considered effective, especially in addressing new and complex issues where clear guidance from the Quran and Sunnah is lacking. Without Qiyas, Islamic law would struggle to keep up with evolving customs and modern dynamics. Since Qiyas is one of the key method today, alternative approaches are needed to assist in forming ijtihad (independent reasoning) to resolve new legal issues. This study aims to explain the differences and similarities in the use of Qiyas in ijtihad by Imam Bukhari and Imam Syafi'e through a qualitative analysis of relevant books and articles. The findings reveal that Imam Bukhari's use of Qiyas was limited to Qiyas Jali (clear analogy), while Imam Syafi'e also favored Qiyas Jali and rejected Qiyas Khafiy (hidden analogy), aligning with Imam Bukhari's approach despite differences in their Usul Fiqh methods. This study provides a new perspective differences opinion on Qiyas, offering insights into its use in ijtihad and opening alternative opportunities from Imam Bukhari's perspective, which can be considered alongside Imam Syafi'e's approach in modern discussions of Islamic law.

Implementasi Hukum Administrasi Negara Dalam Perspektif Maslahah Mursalah

State administrative law has an important role to create a good and orderly system of government. It is hoped that state administrative law wiil function to expedite the task of administering the state and provide legal guarantees to citizens and protect all people. This is also in line with the objektives of maslahah mursalah, so that the implementation of state administrative law can be integrated with exploring the values of maslahah mursalah. The purpose of this study is to find out how the role of islamic law (maslahah mursalah) in the implementation of state administrative law. The benefit of this research is to find out how far maslahah mursalah is applied to state administrative law. This study uses the usul fiqh approach as an epistemological basis in the application of state administrative law. This research is a qualitative reseach with descriptive analysis and library reseach. The results of this study are to find a common goal between state administrative law and maslahah mursalah, and the effectiveness of implementing state administrative law besed on maslahah mursalah values.

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.

Hadith Ahkam and the Qualifications for Fiqh Development

Hadith Ahkam has historically received insufficient attention in the development of Islamic law, despite its critical role as the second primary source after the Quran. This qualitative study employs an Ulumul Hadith approach and utilizes documentation methods. The findings reveal, first, that Hadith Ahkam comprises the sayings, actions, and tacit approvals of the Prophet Muhammad (PBUH) with legal implications. Hadith Ahkam plays a significant role in the development of Islamic law, covering various aspects such as worship (ibadah), transactions (muamalah), and marriage (munakahah). Therefore, there is a need for a more representative understanding methodology to address contemporary issues from the perspective of the Sunnah of the Prophet. Second, the qualifications of a mujtahid in developing fiqh related to ahkam include proficiency in the Arabic language, understanding of Fiqh and Usul Fiqh, knowledge of Ilm Mukhtalaf al-Hadith, and awareness of classical and contemporary scholarly developments.

IMPLEMENTATION OF USHUL FIQH AS A LEGAL BASIS FOR SOLVING SHARIA-BASED ECONOMIC PROBLEMS

The purpose of this study is how models of the application of Usul Fiqh are used as a basic source for solving Sharia-based economic problems. Where Usul Fiqh has always been considered an essential discipline for Muslims, it lies in its position that it can easily understand modern economic laws that are not covered by other sciences. In addition, the science of Fiqh Ushul is considered to help understand and solve problems surrounding furu'iyah or fiqhiyyah that continue to develop from time to time and from various uncertain situations and conditions. The method used in this study is qualitative, with a normative approach and analytical content. The primary source of this research is text documents related to this theme. The results of the study concluded that Ushul Fiqh is considered to be a solution to legitimize and provide support for the law regarding every economic activity in every field of the transaction (muamalah), as long as it adheres to the basic principles of law, namely not violating the text and maqhasid al-Sharia.

Exploring Halal Tourism: The Role of Islamic Jurisprudence (Usul Fiqh) and Religious Moderation in Enhancing the Tourism Sector of Indonesia

Exploring Halal Tourism: The Role of Islamic Jurisprudence (Usul Fiqh) and Religious Moderation in Enhancing the Tourism Sector of Indonesia

The Complexity and Diversity Methods of Legal Discovery in Islam: In the Perspective Ulama of Mazhab al-Arba'ah

This article aims to detail the development of the method of finding sources of Islamic law concerning the perspectives of the scholars of the madhhab al-arba'ah, and explore its advantages and disadvantages based on the findings gathered. The research adopts a literature-based approach, a research method that relies on literature as the main source of information. Primary data sources are obtained from classical works, books, journals, and other related references related to the method of finding sources of Islamic law, especially in the perspective of the ulama mazhab al-arba'ah. Researchers use a qualitative approach with analytical descriptive methods to analyse primary data. The results show that the schools of Islamic law, such as Hanafi, Maliki, Shafi'i, and Hambali, show differences in the method of legal discovery and its implementation. Each school has distinctive characteristics based on its origin's sociocultural and political context. The thoughts of the leading figures in developing the science of usul fiqh, such as Abu Hanifah, Imam Malik, Imam Shafi'i, and Imam Ahmad, reflect the differences in ijtihad and law-making methods in these schools. Thus, this article provides an overview of the complexity and diversity of legal discovery methods in the Islamic context, illustrates the evolution of legal thought over time, and highlights the different approaches among the schools of Islamic law.

Riba Potentials in DSN-MUI’s Fatwa Concerning Gold Rahn

This study aims to analyse the usury potential contained in the National Sharia Council-MUI Fatwa Number: 26/DSN-MUI/III/2002 about Gold Rahn. This research was conducted to examine the fatwa from the perspective of Usul Fiqh. Islamic Sharia forbids riba (usury) and things that can encourage usury. The things that can encourage the occurrence of usury prohibited by Islamic Sharia are the merger of the Qardh contract and buying and selling, as well as other exchange contract, such as ijarah. On the other hand, Fatwa of the National Sharia Board-Indonesian Council of Ulama (DSN-MUI) Number: 26/DSN-MUI/III/2002 about Gold Rahn actually opens the opportunity for usury because it allows the merger of the qardh and ijarah contract. This research combines literature and field research methods. Data was collected through literature search, documentation techniques and interviews. Triangulation techniques are used to test the validity of data. Next, the data is analysed and concluded. This research found that: 1) the potential for usury is due to the absence of restrictions on taking marhun maintenance fees by Islamic Financial Institutions. If the amount of service fees imposed by the Islamic Bank in maintaining marhun exceeds a reasonable price, the excess is considered usury. 2) The price excess is approved by the customer solely because the customer gets a loan from the Sharia Finance Institution (LKS). Also, LKS wants to provide loans to customers solely because customers want to pay fees that exceed reasonable maintenance costs.

VIEWS OF USUL FIQIH AND ISLAMIC FAMILY LAW ON CONCERNED MARRIAGE CASES IN PADANG CITY

This research aims to explore the perspectives on consanguineous marriage in the context of Islamic jurisprudence (usul fiqh) and Islamic family law. Research adopts a comparative and descriptive approach, gathering primary data through in-depth interviews with experts in Islamic jurisprudence and Islamic family law. The findings reveal that consanguineous marriage is firmly grounded in Islamic law, with its theological basis found in the Quran and Hadith, which unequivocally prohibit it. However, variations exist in the interpretation and emphasis between usul fiqh and Islamic family law perspectives. Social and cultural factors influence the occurrence of consanguineous marriages, with differing community understandings in Kota Padang being a key factor in disparate viewpoints. Despite these distinctions, there are commonalities, such as the prohibition of consanguineous marriage, the reliance on the Quran and Hadith as legal foundations, and the acknowledgment of negative consequences by both perspectives. Lastly, the legal principles underpinning these views in both fields center on concepts such as maslahah (public interest), maqasid syariah (objectives of Islamic law), and ta'addud al-asbab (consideration of circumstances), all aimed at safeguarding the welfare of humanity. While emphasis may differ, these principles serve as guiding frameworks for understanding the phenomenon of consanguineous marriage in Kota Padang

ISTIHSAN: Interconnection Of Traditional And Contemporary Thought

Istihsan, as one of the methods of legal interpretation in usul fiqh, has long been a focus of attention in the study of Islamic law. This research aims to compare the concept of istihsan across various sources of usul fiqh through the methodology of literature review. The results of this research is that the understanding of istihsan in different sources of usul fiqh exhibits variations but shares a common goal of applying legal flexibility in specific contexts. The research employs a literature review methodology to identify and analyze relevant literature on istihsan from various sources of usul fiqh. The initial step involves the identification of literature, including books, scholarly articles, and other reliable sources. Subsequently, a literature analysis is conducted to identify differing perspectives in understanding istihsan, including the approaches used by scholars from different schools of thought. This research provides deeper insights into how istihsan is applied in various contexts of usul fiqh, utilizing the literature review methodology. As a result, this study encourages a better understanding of the connection between traditional comprehension and the application of istihsan in responding to changes and complexities in modern society.

Marriage in the Age of Advancement of Digital Technology: Study of Nahdlatul Ulama and Muhammadiyah Fatwa on the Legality of Marriage via Online

The phenomenon of online marriage contracts is starting to emerge and this raises issues regarding its validity. Majelis Tarjih dan Tajdid Muhammadiyah and Bahtsul Masail Nahdlatul Ulama have responded and issued fatwas related to this issue with different legal conclusions. This article examines and explains the causes of differences in fatwas and at the same time arguments issued by Muhammadiyah and Nahdlatul Ulama regarding the law of online marriage contracts. Using the usul fiqh approach, this article finds two findings. First, there is a difference in fatwas between Muhammadiyah and Nahdlatul Ulama due to differences in the legal istinbath method; Muhammadiyah uses the burhani method, while Nahdlatul Ulama uses the qauli method. Second, Muhammadiyah interprets the concept of <em>ittihad majelis</em> as a continuity of time between ijab and qabul, while Nahdlatul Ulama interprets it as a unitary place and not merely a unitary speech. This has implications for the legal status of online marriage contracts. Muhammadiyah considers online marriage contracts via online as a valid contract, while Nahdlatul Ulama considers it invalid.

The Maqashid Al-Sharia Ijtihad Approach and The Requirements for a Safe and Healthy Campus Free From Sexual Violence in Indonesian Universities.

<p align="center"><strong>Abstrak</strong></p><p>This study is a qualitative descriptive library study. The normative (usul fiqh) research method is used to examine the maqashid al-syariah ijtihad method in order to find the values that are helpful when putting together an independent and safe campus free from sexual violence in Indonesian universities. The results of this study found that an independent and healthy campus free from sexual violence is an alternative to the protection and prevention of sexual violence in the university environment in Indonesia. Strengthened through strengthening, including the commitment of the leadership, the formation of a sexual violence protection and prevention task force, conducting socialization and education on various categories of sexual violence crimes, conducting socialization and education on the importance of an independent and healthy campus from sexual violence, providing convenience and security in reporting cases, providing protection for reporters and survivors, and following up on each report. It is certain that the maslahat values found provide benefits (maintenance of religion, self, mind, property, and offspring) for the academic community. Researchers find these values through the ijtihad maqashid al-sharia method, employing istiqra' (inductive research or study) and al-ma'qul (logic) for determination.</p>

Pancasila, Piagam Madinah, dan Konstruksi Fikih Kebangsaan Ala Pesantren: Studi Hasil Bah}th al-Masa>il Forum Musyawarah Pondok Pesantren (FMPP) XXX Tahun 2016

This paper analyses one of the decisions reached by the baḥth al-masāil Islamic Boarding School Deliberation Forum (FMPP) in Java and Madura in 2016 at the Babakan Islamic Boarding School in Ciwaringin, Cirebon. In its decision, baḥth al-masāil FMPP stated that Pancasila as the State's foundation is consistent with the values enshrined in the Medina Charter. The issues that will be addressed in this study are: first, how does baḥth al-masāil FMPP use the argumentation structure to reach this decision? Second, consider the relevance of the baḥth al-masāil decision and the ideas of civilizational fiqh produced by the PBNU. To address these two issues, the authors performed a study of the literature based on the primary data from the official document of the baḥth al-masāil FMPP decision and some results from the PBNU's halaqah fiqh of civilization. The usul fiqh and qawa'id fiqhiya approaches were used in this study, specifically the theory of maslahah and mafsadah in Islamic law. The data in the decision document was then analyzed using content analysis techniques. Based on the data and analysis, it was determined that, first, the Baḥth al-masāil FMPP decision on the Pancasila issue was formulated based on a solid argumentation with maslaha as its primary paradigm, and the decision's results also demonstrated that Islamic boarding schools have a distinct national fiqh construction. Second, the relevance of the national fiqh construction arising from the baḥth al-masāil FMPP on Pancasila with the NU civilizational fiqh idea sits in its function as the primary foundation of civilizational fiqh ideas.

The Significance of Al-Ghazali's Maslahah Concept to the Development of Usul Fiqh and Islamic Law

The purpose of this research was to examine the significance of al-Ghazali's ma?la?ah concept to the development of u??l fiqh and Islamic law. This research method was qualitative with descriptive analytic presentation and the research type was library research. The research result showed that the concept of ma?la?ah al-Ghazali was used in solving problems of Islamic law because the principle in ma?la?ah was maintaining the objectives of Islamic law (maq??id al-syar?‘ah), covering religion, soul, mind, lineage, and property. There were six points of significance of al-Ghazali's ma?la?ah concept in the development of u??l fiqh and Islamic law, namely, the important role of al-Ghazali's ma?la?ah concept in u??l fiqh and Islamic legal thought, al-Ghazali's rejection of the concept of ma?la?ah, al-Ghazali's ma?la?ah had no basis in nas, al-Ghazali's emphasized on preserving the objective objectives of Islamic law, al-Ghazali's ma?la?ah as a tool to weigh the benefits and losses of an action or decision, and al-Ghazali's ma?la?ah determined whether or not an action or decision was permissible. This concept helped the ulama to make decisions that were in line with the principles of Islamic law.

KETIDAKJELASAN LAFAZ DALAM KAIDAH TAFSIR (Analisis Aspek Khafi, Musykil, Mujmal, Mutasyabih)

This article to explain with the aim of how to understand the utterance of nash, in such a way according to its importance in capturing the divine messages, especially the nash of the Qur'an, and it should be underlined that the rules of tafsir include many parts, one of which is the theory in the realm of Usul Fiqh science which is part of the Islamic branch of Science which broadly discusses how to explore and bring up the Shari'ah law from the nash in the Qur'an. The method used by researchers is a qualitative research method, which relies on the study of literature sourced from several books and journals. The result of this discussion is that learning the Arabic language is an urgency or an absolute requirement to draw meaning from the message of the Qur'an, because in studying the science of Usul Fiqh, in fact, it will never be separated from the Arabic language, in understanding the utterance in terms of its meaning, both clear and unclear. Pronouncements that can not be interpreted clearly or mubham, that's what causes a lot of differences in interpretation of the statement and it is important to be studied more deeply

Application of the Precautionary Principle in Judge's Legal Considerations for Pollution Cases in Islamic Law Perspectives

In industrial activities, the precautionary principle in protecting the environment is very important. This research examines how judges use the precautionary principle in making legal decisions in cases of environmental pollution. This research is a doctrinal qualitative with a normative juridical approach. Based on the research findings, the Panel of Judges in the decision of the North Jakarta District Court Number: 735/PDT.G-LH/2018/PN.Jkt.Utr determined that PT. HAYI has carelessly disposed of B3 waste from textile industry activities. In that decision, the Panel of Judges expanded the understanding of the Precautionary Principle, from the level of management and preventive policies to the level of repressive dispute resolution. The judge has also changed the Rio Declaration which is only morally binding to a hard law which is directly used as a source of law in deciding a case. This development is a paradigm shift in environmental justice from homocentric to ecocentric. In Islamic Law, the precautionary principle is related to the concept of ihtiyāth(prudence) and correlates with sadd al-dzarī'ah, namely the maximum effort to suppress everything that can be a means of prohibited things to avoid the amount of damage. Within the framework of Usul Fiqh, avoiding damage is a priority step rather than reaping benefits.

Nalar Sadd al-Dzari’ah dalam Relasi Suami-Istri Pedagang di Kota Kendari

Effective spousal interaction is a crucial component in building a household, as it is the foundation for harmony and the cultivation of love. Due to economic considerations and work pressures, this aspect is often overlooked, as exemplified in a number of merchant families in Pasar Panjang, Kendari City. Nevertheless, a significant portion of these families manages to sustain their family life through various means. This study aims to elucidate how the traders in Pasar Panjang maintain family harmony in challenging circumstances to foster warm interactions between spouses. Utilizing qualitative data and employing the sadd al-dzari’ah approach, a pivotal theory in the field of usul fiqh, the study draws insights from interviews with four classes of merchant families and observations of their daily activities. The research reveals that despite diverse perspectives and understandings between merchant spouses on various matters, they share a common view on the importance of avoiding potential fractures in family life during difficult situations. Whether consciously or unconsciously, they are applying fundamental principles within sadd al-dzari’ah, which is a critical theory in the development of Islamic law.

AN INTRODUCTORY STUDY ON DALALAH IN ISLAMIC EPISTEMOLOGICAL LAW

<p align="center"><strong>ABSTRACT</strong></p><p><em>Usul Fiqh is a branch of science that until now the benchmark in the process istinbath Islamic law. If traced its history, we all know that the birth, growth and development of Usul Fiqh legal problems began when Muslims dynamics continue to evolve with the times. Hence, the necessary process of Ijtihad, to give a definite legal status of the legal problems at the time of the Prophet Muhammad was not found practical, and yet thrive in this modern era. The practice of marriage through a video conference, euthanasia, in vitro fertilization, cloning humans, a few of the many problems facing people today, which requires rule of law so that the Muslim community is maintained their religiousity from the things forbidden by Allah May He be elevated. Of the many objects in the study of Usul Fiqh, Studies on dalalah an interesting study once seized the attention of students of Islamic law. Dalalah are actually a lot more load semiotic language debate in the Qur'an and hadith and technical rules, it has strict rules and procedural processes in the context of Islamic law istinbath process. In fact, differences of opinion among Islamic scholars pretty much due to the differences in the language of semiotics in understanding the Qur'an and Hadith. On the basis of these considerations and perspectives, the authors assess the discourse surrounding derivatives dalalah and technical rules becomes very important to know though in its concise approach.</em></p><p><em> </em></p><p><strong>Key Word</strong> : Dalalah, Ushul Fiqh, Semiotic, Ijtihad</p>

Aktualisasi Konsep Al-Mantuq dan Al-Mafhum Perspektif Usul Fiqih dalam Diskursus Penafsiran Al-Qur’an

This article aims to discuss as well as actualize the concept of al-mantuq wa al-mafhum from the us}ul fiqh perspective in the discussion of Qur’anic interpretation. This article will focus on how Qur’anic interpretation can be approached by other discipline, namely usul fiqh, and how can the result of this approach be actualized in current situation. This Article is counted as library research, which is proceed by gathering some facts from various literatures related to the subject, and it uses analytic description method to discuss the subject. There are three main points that are found from this research: firstly, the concept of al-mantuq wa al-mafhum can be used to understand original meaning of the verse, secondly, the concept of al-mantuq wa al-mafhum can also be used to produce a new and contemporary meaning which is more suitable to current situation, and lastly, the production of those new contemporary meaning can be used as the basis of the production of law, which is known as istinbath al-hukm.

Application of Usul Fiqh Rules to the Phenomenon of Online Marriage Contracts

Current technological developments are leading society towards the globalization of telecommunications, media and informatics. In the current condition, there are many problems that arise in a contract through electronic media, for example, online marriages where consent and consent transactions are carried out through connectivity or activities that are connected to a network or internet system (via online). Starting from the problems above, Fiqh as a product of human thought related to Islamic law must be able to provide juridical answers to changes that occur in society. Therefore, opportunities for Fiqh studies must always be open, and must be carried out by taking into account the social implications of the application of the products of legal thought, while maintaining their relevance to the will of the Qur'anic doctrines regarding human behavior.