Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6194
Uswatun Hasanah
Siri marriage problems are increasingly rampant, one of which is in Muara Sipongi District. The existence of underage couples who are married in series for reasons of age does not reach the age limit for marriage according to the regulations of the Act. As for this research, it is included in empirical (field) research. The research informants are the parties to the marriage. It is known that in Islamic law siri marriage is legal, but in the law of the country it is invalid because of the necessity for marriages to be recorded (marriage registration). However, marriage should be avoided because it will complicate their domestic affairs in the future.
{"title":"PROBLEMATIKA NIKAH SIRI DI KECAMATAN MUARA SIPONGI DALAM TINJAUAN HUKUM ISLAM DAN HUKUM NEGARA","authors":"Uswatun Hasanah","doi":"10.24952/almaqasid.v8i2.6194","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6194","url":null,"abstract":"Siri marriage problems are increasingly rampant, one of which is in Muara Sipongi District. The existence of underage couples who are married in series for reasons of age does not reach the age limit for marriage according to the regulations of the Act. As for this research, it is included in empirical (field) research. The research informants are the parties to the marriage. It is known that in Islamic law siri marriage is legal, but in the law of the country it is invalid because of the necessity for marriages to be recorded (marriage registration). However, marriage should be avoided because it will complicate their domestic affairs in the future.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117060480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6171
Nada Putri Rohana
Marriage is a crucial thing in the marriage section, this is often considered urgent for every family. Marriage underlies two sides in its implementation, namely between religion and custom. Angkola Batak is one of the regions in Indonesia that has specialties in terms of tradition or culture in carrying out marriages that involve the social system of society and culture. The results of the study indicate that the social system of society that begins with the marriage bond gives rise to a dynamic position or position in the family sphere. This also makes this social system intact and strong to maintain the integrity of a marriage. In addition, the cultural values that exist in the tradition also have a good influence on maintaining the diversity that can be taken from the values that exist in its implementation.
{"title":"DALIHAN NATOLU DAN TRADISI MARGONDANG DALAM PERKAWINAN DI BATAK ANGKOLA","authors":"Nada Putri Rohana","doi":"10.24952/almaqasid.v8i2.6171","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6171","url":null,"abstract":"Marriage is a crucial thing in the marriage section, this is often considered urgent for every family. Marriage underlies two sides in its implementation, namely between religion and custom. Angkola Batak is one of the regions in Indonesia that has specialties in terms of tradition or culture in carrying out marriages that involve the social system of society and culture. The results of the study indicate that the social system of society that begins with the marriage bond gives rise to a dynamic position or position in the family sphere. This also makes this social system intact and strong to maintain the integrity of a marriage. In addition, the cultural values that exist in the tradition also have a good influence on maintaining the diversity that can be taken from the values that exist in its implementation.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"os-33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125465063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6113
Ali Akbar
This study aims to obtain different results, judges in the Religious Courts view riddah in resolving post-divorce conflict cases and information with the determination of Islamic law. The approach used is empirical juridical which aims to examine practice in the form of decisions by referring to legal norms and the basis for legal considerations regulated in regulations. The data sources of this research use several decisions of the Religious Courts, laws and regulations, especially laws and primary legal materials. The results of the study show that the understanding of parenting is contained in the terms in Fiqh and in the Laws, which emphasize the welfare of the child with the caregiver being able to fulfil all the rights of the child. from the cases that have been explained that the judge has a subjective view in making decisions which ultimately fulfil the rights of the child.
{"title":"DINAMIKA PENAFSIRAN PRINSIP KEPENTINGAN TERBAIK DALAM PERKARA HAḌONAH DAN RIDDAHNYA PIHAK PENGASUH","authors":"Ali Akbar","doi":"10.24952/almaqasid.v8i2.6113","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6113","url":null,"abstract":"This study aims to obtain different results, judges in the Religious Courts view riddah in resolving post-divorce conflict cases and information with the determination of Islamic law. The approach used is empirical juridical which aims to examine practice in the form of decisions by referring to legal norms and the basis for legal considerations regulated in regulations. The data sources of this research use several decisions of the Religious Courts, laws and regulations, especially laws and primary legal materials. The results of the study show that the understanding of parenting is contained in the terms in Fiqh and in the Laws, which emphasize the welfare of the child with the caregiver being able to fulfil all the rights of the child. from the cases that have been explained that the judge has a subjective view in making decisions which ultimately fulfil the rights of the child.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114524309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6137
Dian Saputra, Karimuddin Abdullah Lawang
Genital replacement is an interesting issue to be studied today. Especially with regard to the impact on civil rights after sex surgery is carried out. This study aims to comprehensively analyze the practice of sex change in the perspective of legislation and Islamic law and the juridical consequences of this sex change. The research method used is a normative juridical research method using data from library literature. In addition, researchers also use primary legal materials contained in the Civil Code and the Marriage Law. Data analysis was carried out qualitatively. The results of the study indicate that normatively the practice of sex change is allowed for reasons of benefit, whereas if the motivation is for other interests, Islamic teachings forbid it. The juridical consequences after sex change can occur in the aspect of marriage and the distribution of inheritance, because the Marriage Law only recognizes marriage between a man and a woman. The distribution of inheritance for people who change their genitals must be done carefully by taking into account their gender, both male and female.
{"title":"Komparasi Hukum Islam dan Hukum Perdata Terhadap Ganti Kelamin dan Konsekuensi Yuridisnya","authors":"Dian Saputra, Karimuddin Abdullah Lawang","doi":"10.24952/almaqasid.v8i2.6137","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6137","url":null,"abstract":"Genital replacement is an interesting issue to be studied today. Especially with regard to the impact on civil rights after sex surgery is carried out. This study aims to comprehensively analyze the practice of sex change in the perspective of legislation and Islamic law and the juridical consequences of this sex change. The research method used is a normative juridical research method using data from library literature. In addition, researchers also use primary legal materials contained in the Civil Code and the Marriage Law. Data analysis was carried out qualitatively. The results of the study indicate that normatively the practice of sex change is allowed for reasons of benefit, whereas if the motivation is for other interests, Islamic teachings forbid it. The juridical consequences after sex change can occur in the aspect of marriage and the distribution of inheritance, because the Marriage Law only recognizes marriage between a man and a woman. The distribution of inheritance for people who change their genitals must be done carefully by taking into account their gender, both male and female.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126518747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6277
Akhyar Akhyar
Nafkah adalah merupakan suatu harta yang diberikan kepada orang yang wajib dalam memproleh nafkah tersebut, makanan, pakaian serta tempat tingga merupakan salah satu bagian dari nafkah yang. Dan yang menjadi bagian dari penerima nafkah yaitu istri, orang tua, budak, anak kecil, serta wanita hamil yang telah ditalak dan dalamkeadaan masa iddah. Bahkan demikian hal itu bukan hanya itu saja yang dapat memperoleh nafkah, sebab hewan peliharaan kita juga berhak memproleh yang namanya nafkah. Dan adapun kewajiban dalam memberi nafkah yang paling dasarnya yaitu nafkah dari orang tua, yang dimana orang tua memiliki kewajiban dalam memberi nafkah kepada anak-anaknya. Akan tetapi dalam hal tersebut juga seorang suami juga memiliki kewajiban memberi nafkah terhadap istrinya, Sehingga diera modern tersebut telah banyak orang tua yang menggunakan tekhnologi sebagai bahan dalam memproleh nafkah yaitu salah satunya memberi nafkah dengan hasil judi online.
{"title":"Hukum Memberi Nafkah Keluarga Dengan Hasil Judi Online Dalam Perspektif Hukum Islam","authors":"Akhyar Akhyar","doi":"10.24952/almaqasid.v8i2.6277","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6277","url":null,"abstract":"Nafkah adalah merupakan suatu harta yang diberikan kepada orang yang wajib dalam memproleh nafkah tersebut, makanan, pakaian serta tempat tingga merupakan salah satu bagian dari nafkah yang. Dan yang menjadi bagian dari penerima nafkah yaitu istri, orang tua, budak, anak kecil, serta wanita hamil yang telah ditalak dan dalamkeadaan masa iddah. Bahkan demikian hal itu bukan hanya itu saja yang dapat memperoleh nafkah, sebab hewan peliharaan kita juga berhak memproleh yang namanya nafkah. Dan adapun kewajiban dalam memberi nafkah yang paling dasarnya yaitu nafkah dari orang tua, yang dimana orang tua memiliki kewajiban dalam memberi nafkah kepada anak-anaknya. Akan tetapi dalam hal tersebut juga seorang suami juga memiliki kewajiban memberi nafkah terhadap istrinya, Sehingga diera modern tersebut telah banyak orang tua yang menggunakan tekhnologi sebagai bahan dalam memproleh nafkah yaitu salah satunya memberi nafkah dengan hasil judi online.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116459378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6142
Muannif Ridwan
This study aims to describe the concept of maintaining property in maqashid al-syariah and its relationship with property. In maqashid al-syariah property becomes one of the important topics that get attention so that people can maintain their property as well as possible. In the teachings of Islam it is also said that the use of wealth must be in the way of Allah and must always serve Allah. Islam has given more special attention to the property owned so that it can provide the value of worship in the sight of Allah SWT so that a happier life is achieved in this world and the hereafter. In this study the author uses a type of library research or also known as Library Research. This study concludes that property and ownership is one of the most important topics of discussion in Islamic law. Its position is related to one another, this is evidenced by the maqashid al-syariah method in which there are five elements, one of which discusses property (hifzh al-mal). The relationship between property and maqashid al-syariah, among others, is in the form of circulation and circulation, which aims to make the assets owned move in various circles, not only based on one group, and the next relationship lies in a condition that is far from problems so that it can avoid problems. danger and the relationship between property and maqashid al-syariah is with justice in managing assets.
{"title":"KONSEP HARTA DALAM TINJAUAN MAQASHID AL-SYARIAH","authors":"Muannif Ridwan","doi":"10.24952/almaqasid.v8i2.6142","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6142","url":null,"abstract":"This study aims to describe the concept of maintaining property in maqashid al-syariah and its relationship with property. In maqashid al-syariah property becomes one of the important topics that get attention so that people can maintain their property as well as possible. In the teachings of Islam it is also said that the use of wealth must be in the way of Allah and must always serve Allah. Islam has given more special attention to the property owned so that it can provide the value of worship in the sight of Allah SWT so that a happier life is achieved in this world and the hereafter. In this study the author uses a type of library research or also known as Library Research. This study concludes that property and ownership is one of the most important topics of discussion in Islamic law. Its position is related to one another, this is evidenced by the maqashid al-syariah method in which there are five elements, one of which discusses property (hifzh al-mal). The relationship between property and maqashid al-syariah, among others, is in the form of circulation and circulation, which aims to make the assets owned move in various circles, not only based on one group, and the next relationship lies in a condition that is far from problems so that it can avoid problems. danger and the relationship between property and maqashid al-syariah is with justice in managing assets.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114670603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.5972
Mu'adil Faizin
The role of the state in the economic growth of society can never be ignored. There is a strategic role of the state to regulate wealth nationally, to distribute wealth to all those in need. Something most people don't realize. Sheikh al-Islam Ibn Taimiyah in addition to producing works in the field of economics. His thoughts came to examine the fundamental role of the state in the economy. Ibn Taimiyah seemed to formulate the relationship between the state and the practice of sharia economics, the position of the state became closer in supervising the practice of muamalah. Based on the description above, this paper discusses Ibn Taimiyah's economic thought, in terms of its rationalization, to the strategic steps found.
{"title":"TELAAH HUKUM EKONOMI SYARIAH DALAM PEMIKIRAN IBNU TAIMIYAH","authors":"Mu'adil Faizin","doi":"10.24952/almaqasid.v8i2.5972","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.5972","url":null,"abstract":"The role of the state in the economic growth of society can never be ignored. There is a strategic role of the state to regulate wealth nationally, to distribute wealth to all those in need. Something most people don't realize. Sheikh al-Islam Ibn Taimiyah in addition to producing works in the field of economics. His thoughts came to examine the fundamental role of the state in the economy. Ibn Taimiyah seemed to formulate the relationship between the state and the practice of sharia economics, the position of the state became closer in supervising the practice of muamalah. Based on the description above, this paper discusses Ibn Taimiyah's economic thought, in terms of its rationalization, to the strategic steps found.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122146367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6108
Ahmad Sainul Nasution
In the division of inheritance, there is certainly a law that regulates inheritance, which is called inheritance law. The basic stipulation for the division of inheritance in Islamic law is that the share of men is 2:1 from the share of women, meaning that the share of men is more than that of women because they have more responsibilities. This provision applies from top to bottom or the oldest heir to the youngest heir.However, this is not practiced by the community in Angkola Sangkunur District, South Tapanuli Regency, the distribution of inheritance is different as described above for men 2:1 from the female share. The implementation of the distribution of inheritance that occurs in Angkola Sangkunur District, South Tapanuli Regency is based on the economic ability of the heirs with mutual consent. For this reason, researchers want to investigate further about how, reasons, and factors for implementing the distribution of inheritance based on economic considerations in Angkola Sangkunur District by using interview, observation and documentation techniques and then analyzing it descriptively because this research is field research.The result is the implementation of the distribution of inheritance in Angkola Sangkunur District, the first is the implementation of the distribution of inheritance according to Islamic law, the implementation of the division of inheritance based on a will, and the implementation of the division of inheritance based on customary law, namely based on economic considerations. The next factor is because of culture, there is no socialization and lack of individual awareness.
{"title":"PELAKSANAAN WARIS DI KECAMATAN ANGKOLA SANGKUNUR","authors":"Ahmad Sainul Nasution","doi":"10.24952/almaqasid.v8i2.6108","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6108","url":null,"abstract":"In the division of inheritance, there is certainly a law that regulates inheritance, which is called inheritance law. The basic stipulation for the division of inheritance in Islamic law is that the share of men is 2:1 from the share of women, meaning that the share of men is more than that of women because they have more responsibilities. This provision applies from top to bottom or the oldest heir to the youngest heir.However, this is not practiced by the community in Angkola Sangkunur District, South Tapanuli Regency, the distribution of inheritance is different as described above for men 2:1 from the female share. The implementation of the distribution of inheritance that occurs in Angkola Sangkunur District, South Tapanuli Regency is based on the economic ability of the heirs with mutual consent. For this reason, researchers want to investigate further about how, reasons, and factors for implementing the distribution of inheritance based on economic considerations in Angkola Sangkunur District by using interview, observation and documentation techniques and then analyzing it descriptively because this research is field research.The result is the implementation of the distribution of inheritance in Angkola Sangkunur District, the first is the implementation of the distribution of inheritance according to Islamic law, the implementation of the division of inheritance based on a will, and the implementation of the division of inheritance based on customary law, namely based on economic considerations. The next factor is because of culture, there is no socialization and lack of individual awareness.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127784232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-05DOI: 10.24952/almaqasid.v8i2.6136
Putra Tondi Martu Hasibuan
Counterclaim lawsuit is a manifestation of the implementation of a simple, fast, and low-cost judicial principle. Effectiveness is one of the goals, because both convention and counter-convention lawsuits will be examined and decided together in one decision. In the context of religious courts, joint property disputes can be filed in a reconciliation lawsuit even though the subject matter of the convention lawsuit is divorce. However, the emergence of joint property disputes through the reconciliation lawsuit erodes the main purpose of the existence of the reconciliation lawsuit itself. This research is a normative legal research conducted by examining library materials. In terms of its nature, this research is descriptive-analytic, which is an attempt to collect and compile a data, then analyzed and interpreted. To facilitate understanding, this research uses a normative juridical approach (statute approach). The type of data used is in the form of library materials consisting of primary, secondary, and tertiary legal materials. These data are elaborated and analyzed qualitatively by using inductive method. The result of of this research indicate that the existence of joint property reconvention lawsuits in divorce convention cases is less effective. At the implementation level, there will not be a mediation process, different procedural law, and sociologically it is a trigger for unregistered marriages from the litigants.
{"title":"MENAKAR EFEKTIVITAS GUGATAN BALIK HARTA BERSAMA DALAM PERKARA KONVENSI PERCERAIAN DI PENGADILAN","authors":"Putra Tondi Martu Hasibuan","doi":"10.24952/almaqasid.v8i2.6136","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6136","url":null,"abstract":"Counterclaim lawsuit is a manifestation of the implementation of a simple, fast, and low-cost judicial principle. Effectiveness is one of the goals, because both convention and counter-convention lawsuits will be examined and decided together in one decision. In the context of religious courts, joint property disputes can be filed in a reconciliation lawsuit even though the subject matter of the convention lawsuit is divorce. However, the emergence of joint property disputes through the reconciliation lawsuit erodes the main purpose of the existence of the reconciliation lawsuit itself. This research is a normative legal research conducted by examining library materials. In terms of its nature, this research is descriptive-analytic, which is an attempt to collect and compile a data, then analyzed and interpreted. To facilitate understanding, this research uses a normative juridical approach (statute approach). The type of data used is in the form of library materials consisting of primary, secondary, and tertiary legal materials. These data are elaborated and analyzed qualitatively by using inductive method. The result of of this research indicate that the existence of joint property reconvention lawsuits in divorce convention cases is less effective. At the implementation level, there will not be a mediation process, different procedural law, and sociologically it is a trigger for unregistered marriages from the litigants.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124698057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-28DOI: 10.24952/almaqasid.v8i2.6264
Dr. Kholida Kholida
'Urf is one form of disputed reasoning. However, 'urf is always considered in all forms of reasoning, both qiyasi reasoning (istihsan bil 'urf) especially istislahi reasoning, because this reasoning is not based on specific texts (direct) but general arguments taking into account the benefits that will be obtained. The expressions of ushul experts show that 'urf reasoning has a big role in the formulation of law. Even for the current context, the application of 'urf as legal reasoning has a great opportunity for legal development. Because through 'urf reasoning it will be very easy for the Muslim community to practice the teachings of Islam itself. And making 'urf as reasoning in the formation of law is part of maintaining social stability that can lead to benefit as the ultimate goal of legal provisions.
这是一种有争议的推理形式。然而，urf总是在所有形式的推理中被考虑，无论是qiyasi推理(istihsan bil 'urf)，特别是istislahi推理，因为这种推理不是基于特定的文本(直接)，而是考虑到将获得的利益的一般论点。法律专家的表述表明，法律推理在法律制定中起着重要作用。即使在当前语境下，urf作为法律推理的应用也为法律发展提供了巨大的机遇。因为通过理性推理，穆斯林社区将很容易实践伊斯兰教本身的教义。将“利益”作为法律形成的理性，是维护社会稳定的一部分，从而使法律条文的最终目标成为利益。
{"title":"OTORITAS ‘URF DALAM PENALARAN HUKUM ISLAM","authors":"Dr. Kholida Kholida","doi":"10.24952/almaqasid.v8i2.6264","DOIUrl":"https://doi.org/10.24952/almaqasid.v8i2.6264","url":null,"abstract":"'Urf is one form of disputed reasoning. However, 'urf is always considered in all forms of reasoning, both qiyasi reasoning (istihsan bil 'urf) especially istislahi reasoning, because this reasoning is not based on specific texts (direct) but general arguments taking into account the benefits that will be obtained. The expressions of ushul experts show that 'urf reasoning has a big role in the formulation of law. Even for the current context, the application of 'urf as legal reasoning has a great opportunity for legal development. Because through 'urf reasoning it will be very easy for the Muslim community to practice the teachings of Islam itself. And making 'urf as reasoning in the formation of law is part of maintaining social stability that can lead to benefit as the ultimate goal of legal provisions.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125271294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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