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All Journal MAQASHID : Jurnal Hukum Islam
Syamsul A'dlom
Unknown Affiliation
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Bahtsul Masail sebagai Mazhab Fikih NU: Sebuah Perspektif Adib, Muhammad; Syamsul A'dlom
MAQASHID Vol. 2 No. 1 (2018): Nov 2018
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3859.515 KB) | DOI: 10.35897/maqashid.v2i1.176

Abstract

This paper talks about the system of fiqh schools in Bahtsul Masail, especially in the context of the institution-based trend of fiqh schools in the modern era. Based on historical, normative, and sociological perspectives, this paper concludes that Bahtsul Masail has created a distinctive and unique system of fiqh schools, so that it has strong arguments to be called “the NU fiqh school”
SAKSI TALAK MENURUT IM?M AL-SY?FI’? Ahmad Fauzi; Syamsul A'dlom
MAQASHID Vol. 2 No. 1 (2019): Mei 2019
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4834.006 KB) | DOI: 10.35897/maqashid.v2i1.193

Abstract

Scholars differ about the necessity of witnesses in divorce. There are those who oblige, say the Sunnah, and while others say that divorce does not need a witness. These differences stem from an understanding of related sacred texts that are also diverse. In addition, those with their opinions hold their own logic. In Indonesia itself, the witness' obligation is regulated in positive Islamic law or KHI. Divorce must be resolved through the Religious Courts. This means that the existence of witnesses in the divorce process in Indonesia is a necessity, as a form of efforts to protect the rights of all related parties. Imam al-Shafi'i in his magnum opus, al-Umm, said that witnesses in divorce and reconciliation were the same as the position of witnesses in the sale and purchase agreement or other trade transactions that were highly recommended for the benefit of the people.
Co-Authors Adib, Muhammad I Gusti Bagus Wiksuana