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All Journal Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman

Syaiful Hidayat

Institut Agama Islam Bani Fattah, Jombang

Author-ID : 3807074

Religion Arts Humanities Economics, Econometrics & Finance Education Social Sciences

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Articles

Mas?lah?ah Sebagai Metode Penggalian Hukum Islam Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 1 No. 1 (2013): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

The primary source of Islamic law is the study of the Qur'an and hadith. From two main sources are able to produce products of Islamic legal thought resulting from the process of ijtihad. Variety of laws have dihasilakan of the ijtihad process. There qiyâs, ijmâ’, istih?sân dan mas?lah?ah. One of the discussions and debates that have been going so long is a discussion about mas?lah?ah. One group found mas?lah?ah is a controversial method used as a backrest when determining Islamic law, because mas?lah?ah is a method resulting from the intervention of human rationality in Islamic rules'. While another group found, with mas?lah?ah will be able to unravel the threads of the social problems the rest of his juridical primary sources not found in either the Qur'an or hadîth.

Tata Negara dalam Perspektif Fiqh Siyâsah Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 1 No. 2 (2013): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Dimensions of Islamic teachingsare verybroad and universal. Islamis notonly desirableas a means ofactivity ritualism but more than that, Islam has beenable to answer and becamethe foundation of social lifeis absolutely. One dimension of Islam it is the system of government of a country. Islam also offers concept and system of government based on religious values ??are sublime. State is a means to establish and enforce Islamic law to the public at large. Objective To achieve that the Islamic law should be organized formally in a state institution as practiced by Prophet Muhammad SAW and forwarded by the state in the context of the medina khulafâurrâshidîn.

Al-D?arûrat dalam Pandangan Yûsûf Qard?âwî Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 2 No. 1 (2014): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

The priest Shâfi’î firmly reject istih?sân method as a basis in determining Islamic law. This rejection can be seen from the statement imam Shâfi’î istih?sân related practices undertaken by the sect H?anafî. Priest Shâfi’î said man istah?sana faqad shara’a. Priest Shâfi’î found istih?sân is legal determination with reasonable effort and passion alone. This is tantamount to allowing people who can not understand the nas?s? and qiyâs set with istih?sân law. As a result, will emerge fatwas based on the legal opinion of the intellect alone, as well as an effort to ignore the nas?s?. In the context of the rules by relying on logic alone, then this short article will outline some of the statements Yûsûf Qard?âwî in deciding the legal practice of abortion by using the concept of emergency approach.

Hak Ijbar Wali Nikah dalam Kajian Historis Fiqh Shâfi’î Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 3 No. 1 (2015): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Is currently still found practice of coercion marriages by the guardian (especially father) to his daughter. The imposition of this marriage is more commonly referred to as hak ijbar. Anvil used is an understanding of hak ijbar the inherent certainty for a guardian over her daughter. Are Syafi’i schools seen as dominant calling for hak ijbar based on the behavior Apostle who married ‘Aisyah at age so young and in the absence of discussions between Abu Bakr and ‘Aisyah be a sign of existence hak ijbar. However, as the Indonesian people, beside fiqh also must submit and obedient the laws and all regulations thereunder, including the Islamic Law Compilation (KHI). In Article 72 KHI described; The revocation of a marriage is a marriage without a guardian or trustee executed by unauthorized and marriage carried out by force. This means the hak ijbar not allowed because it constitutes coercion. This issue is interesting to examine the social side, especially the social history of women at the time of priest Syafi’i life. It aims to determine the general condition and position of women in the social institution that has its historical position which will then be used as a prediction projective.

Studi Kontraksi Tugas dan Fungsi Hakim di Pengadilan Agama Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 4 No. 2 (2016): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

A Judge is a key element in the trial. In fact he was identical to the court itself. Similarly, the decision of the court identified with the judge's decision. Therefore, law enforcement and justice lies in the ability of judges in formulating decisions that reflect fairness. With regard to the duties and functions of the judge, in this case the trial judge Religion in Indonesia, which is one element of the law enforcement component directly involved with the legal process will be faced with a dilemma problem. On the one hand, the religious court judge must hold to Irish law. While on the other hand, the religious court judges must take into account the level of public awareness of the legal instruments. In addition, for the assurance of the process of law enforcement, religious court judges are also faced with a problem that dilemma. Because of the involvement of the religious court judges against one of the instruments carried to excess can lead to deviations of the purposes of the law itself, which is justice

Pemenuhan Nafkah Mut’ah, Iddah, Dan Ma?iyah Istri Sebagai Syarat Penjatuhan Talak Dalam Peradilan Agama Di Indonesia Syaiful Hidayat
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 6 No. 2 (2018): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

In the concept of procedural law in Indonesia, when the verdict has been handed down and divorce has been dropped, the husband is obliged to fulfill his ex-wife's livelihood rights, but in reality the problem arises namely the assumption that after the divorce occurs there is no more thing that needs to be done by the husband, including giving a living to his ex-wife and child after the divorce. The law has arranged a solution for that, namely by the process of execution, but because the execution costs are too expensive compared to the amount of income that is not much, then the community fails to make the request for execution. This is the reason for the policy carried out by the Religious Court

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