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Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman
ISSN : 23383186     EISSN : -     DOI : -
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Articles 7 Documents
Search results for , issue "Vol. 5 No. 2 (2017): Desember" : 7 Documents clear
Hak Kebebasan Berpendapat dalam Hubungannya dengan Pencemaran Nama Baik Menurut KUHP; Perspektif Teori Maqâs?id Sharî’ah Moh. Faizur Rohman
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (700.55 KB) | DOI: 10.52431/tafaqquh.v5i2.81

Abstract

Human rights are often echoed by various parties are sometimes opposed to each other. Many journalists who exercised the right to freedom of expression expressed the opinion that the right has been protected by the 1945 Constitution article 28 E (3), precisely resulting in a criminal offense of defamation for those who do not like it. Defamation articles in the Criminal Code are often regarded as a powerful weapon against a criticism as a form of antipathy against criticism. Therefore, there should be efforts to classify the forms of the use of rights and forms of criminal acts. and will be seen from the standpoint of maqâs?id sharî’ah. Through approach statue approach, and case approach, obtained that the law has protected the rights of everyone in expressing opinions. Every person shall have the right and freedom to express opinions but such rights shall not infringe the rights of others. In maqâs?id is guaranteed and protected self-esteem, the soul for every human being is contained in the principle of h?ifd?u al-nafs wa al-‘ird. Therefore, in every opinion, communicate and socialize should pay attention to the rights of others is the dignity of one's dignity to create a balanced and harmonious life.
Nalar Hukum Imam Shâfi’î tentang Usia Kedewasaan dalam Hak Ijbâr; Rekontruksi dalam Konteks Ke-Indonesiaan Aufal Hadliq Khaiyyul MW
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (689.337 KB) | DOI: 10.52431/tafaqquh.v5i2.109

Abstract

The right ijbâr is the right of father or grandfather to marry off his daughter without having to get permission from the daughter to be married, provided that she is not a widow. When Shâfi’î established the law of the right ijbâr, the social condition of the woman was only domestic at the time. In contrast to now, they have started to spread in the public domain. Focus of this research is the reasoning of Shâfi’î law regarding the rights of marriage guardian ijbâr and its reconstruction in the context of Indonesia. Using the sociology and history approach with the category of normative legal research in the form of library research. A father or grandfather is forbidden to force girls in the realm of marriage. Because it contains the benefit, that is to protect religion, soul, mind, property and honor. As well as women’s habits are different. Age of Shâfi’î, even to the beginning of Indonesian independence only live to become domestic. Now, it is allowed to follow education, have a position even work. This opinion is in accordance with the rules of lâ yunkar taghayyur al-ah}kâm bi taghayyur al-azmân, and reinforced by the method mas?lah?ah and ‘urf.
Hiden Movement KH. Hasyim Asy’ari dalam Kajian Fiqih Siyasah Muhammad Fahmi Hidayatullah
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.852 KB) | DOI: 10.52431/tafaqquh.v5i2.113

Abstract

The dynamics of the history of independence heroes become an important thing for us to look at together some of the historical literature of struggle, the role of the santri lost from the important fragment in history to make the author want to reveal the movement behind the scenes. The movement is known as isltilah hiden movement that represents the struggle of the santri based on fiqh siyasah. Ijtihâd political kyai based fiqih siyasah able to move all the elements from various circles both ideological and identity groups through the fatwa Resolution Jihad. But what we need to know is how the fatwa can be realized and what are the components of the hiden movement KH. Hasyim Asy’ari. The purpose of writing this scientific paper to describe the idea and action hiden movement KH. Hasyim Asy’ari is based on fiqih siyasah. While research methodology in writing using descriptive-qualitative literature.
Telaah Ulang Hak Paksa dalam Perkawinan Islam melalui Pendekatan Fiqh, Munâsib al-‘Illah dan ‘Urf Moh. Dliya'ul Chaq
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (669.43 KB) | DOI: 10.52431/tafaqquh.v5i2.114

Abstract

The provision ijbâr Rights in Islam has become the legal umbrella of forced marriage implementation in a deep-rooted society. The existence of unbalanced understanding and strong indication of the influence of ‘urf. Through fiqh approach, munâsib al-‘illah and ‘urf focusing on review of forced reextrictions in Islamic law, obtained that right ijbâr is actually a safeguard against girls but when it becomes a guardian’s right, it can not be applied because; right of girl in the fiqh salaf takes precedence over the right of guardians as the provisions of guardians ‘ad}al and the requirements of the guardian of mujbîr; legal images of the nature of girl and nature of children in the study of munâsib al-‘illah with the approach of al-qawâ’id al-fiqhîyah has one point of similarity that ‘illat is immature in sense of not being able to determine mas?lah?ah herself that shows maqâs}id avoids girls from danger, and this is difficult to achieve by forced marriage; the basic law of the right of ijbâr is the hadith that ‘illat in hadith it is ‘urf so that the hadith’s validity depends on ‘urf; and deliberation between guardians and girls is the best and praiseworthy way of determining a potential mate.
Al-S?ulh?: dalam Arbritase Tata Hukum Islam Klasik Agus Salim
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (554.135 KB) | DOI: 10.52431/tafaqquh.v5i2.118

Abstract

This paper discusses arbitration in the classical Islamic legal system. The emergence of Islamic financial institutions today not only affect the financial system with shariah lebel only, more than that, the emergence of shariah financial institutions also affect some legal provisions on the settlement of disputes arising from transactions made Islamic financial institutions with their customers. In this paper the authors use the risert library method with the noramatif approach of Islamic law. In classical Islamic law the settlement of non-litigation disputes can be entered through the Shari way, in the process al-S?ulh? para parties may choose to use al-H?akam (referee) or self-negotiate. The peace process by raising al-H?akam in our legal terms is very similar to the process of Arbitration, therefore it is interesting to take the theme of Arbitrage in the classical Islamic law.
Pemikiran Tas?âwuf Al-H?allaj, Abû Yazid Al-Bust?âmi dan Ibnu Arâbi Dainori Dainori
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (643.234 KB) | DOI: 10.52431/tafaqquh.v5i2.119

Abstract

Simply put, it is merely an esoteric aspect or an inner aspect that must be distinguished from the exoteric aspect or the birth aspect of Islam. Sufism is a term specifically used to describe mysticism in Islam, while the goal of Sufism is to acquire a direct and close relationship with God, so that it is felt true that a person is in his presence, whose essence is the awareness of the existence of communication and dialogue between the soul of man and God with self-immolation and contemplation. In Islam we recognize two schools of Sufism, First, tas?awuf falsafi, whose followers are caught in odd phrases (shat?ahiyyat), as well as rejected from the mortal fanâ to the statement of the occurrence of union between servant and god. Second, the flow of tasawuf amali, where adherents always fence Sufism with the scales of sahriat based on al-Qurân and al-Sunnah, and relate their state and spiritual level with both. And there are also divided into three namely: tas?awuf akhlâqi, sufisms irfâni and tas?âwuf falsâfi. While in this paper will be specifically mentioned three figures s?ufi is very popular with his thoughts of al-H?allaj, Abu Yazid al-Bustami, and Ibnu ‘Arâbi.
Integralitas Sistem Sanad dan Kontekstualisasi Pemahaman Hadis Versus Konsep Sunah Muh?ammad Shah?rûr Amrulloh Amrulloh
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 5 No. 2 (2017): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (517.985 KB) | DOI: 10.52431/tafaqquh.v5i2.103

Abstract

This article discusses the concept of Sunna promoted by Muh?ammad Shah?rûr, one of the most controversial contemporary Islamic scholars of Syrian Islamic thought, as well as his critical study. Here the author attempts to expose the unappreciative attitude of Shah?rûr to the existence of the sanad system which is an integral part of the construction of the criticism of the Hadith. In fact, at the same time, he made the Hadith as the basis for the inference of the maximum limits of a law in its boundary theory. By describing, analyzing and then criticizing the views of the Shah?rûr on the concept of the Sunna, the authors came to the conclusion that the Shah?rûr lawsuit against the existence of the Hadith Sciences and its lack of appreciation of the sanad system is not necessary.

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