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Alternatif Penyelesaian Sengketa Pada Sengketa Kepengurusan dan Penyelenggaraan Masjid Jami’ Nurul Huda dan Masjid An-Nur di Desa Bagan Percut Kecamatan Percut Sei Tuan Muhardinata, Imam
Al-Fikru: Jurnal Ilmiah Vol. 13 No. 2 (2019): Desember (2019)
Publisher : STAI Serdang Lubuk Pakam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51672/alfikru.v13i2.19


Every worship must fulfill the rules and procedures set by the Shari'ah, including the Friday prayer. One of the issues that is often discussed is the establishment of more than one Friday prayer in one village, or better known as ta'addud al-friday (which is Friday). The motives of the two Friday prayers in one village vary, sometimes due to the limited capacity of the mosque, due to conflicts between villagers, or limited to continuing the prevailing tradition. In conclusion, it is permissible for residents whose homes are far from the mosque, at least as far as 1,666 km, to establish a second Friday in the area. If it does not meet the aforementioned standards, then it is not permissible to establish a second Friday unless there are other reasons besides reasons of distance, such as limited capacity of the mosque or internal conflict that requires them to establish Friday in another place. Finally, the results of the mediation by the two parties to the dispute were agreed upon, contained in a statement signed by the residents of the hamlet XV, XVI, and XVII of the Percut village to the Indonesian Ulema Council, Percut Sei Tuan Sub-District, whose contents are as follows: 1. That both parties are willing to reconcile again about the establishment and reunification of the old and new BKM into a jami mosque 'and a new BKM named BKM jami mosque' Nurul Huda where the old mosque also continues to function as a place/educational institution or a foundation for the benefit of many members of the community, so that the value of waqf continues to function as it functions. 2. That whatever is the fatwa/decision of the Indonesian Ulema Council (MUI) in this case is submitted by the MUI of Percut Sei sub-district regarding the issue of a mosque dispute which will be declared valid as a jami 'mosque/highway that has the right to establish a Friday that has been deliberated on January 29, 2008 that the community agreed and obeyed and would carry out the best possible.
MAQÂSHID AL-SYARI’AH (Wacana Pengantar Studi) Imam Muhardinata Muhardinata, Imam
Al-Fikru: Jurnal Ilmiah Vol. 13 No. 1 (2019): Juni (2019)
Publisher : STAI Serdang Lubuk Pakam

Show Abstract | Download Original | Original Source | Check in Google Scholar


Since the time of the Prophet Muhammad, Maqâshid al-Shari'ah has be-come a consideration as a basis in establishing the law. Such efforts, then car-ried out also by the friends. Such efforts are clearly seen in several legal provi-sions carried out by Umar Ibn al-Khattab r.a. This Maqâshid al-Syar'iah study then gained a place in the science of usul al-fiqh, which was developed by the ushul in the application of qiyas, when talking about masalik al-Illah. Such studies are seen in several works of ushul al-fiqh, such as Ghiyas al-Umam fi Iltiyas al-Zulam with the concept of the term al-Masalih al-'Ammah by Abdul Malik al-Juwayni, one of the early contributors to the Maqâshid al-Shari'ah theory, ar-Risalah by al-Shafi'i, Al-Mustasfa by al-Ghazali, al-Mu'tamad by Abu al-Hasan al-Bashri, and others. This study was then developed broadly and systematically by Abu Ishaq al-Syathibi who later called his name al-Syathibi or as-Syathibi. In its continuation, Maqâshid al-Syari’ah has instead become a discussion that is less popular or even ignored in many reference books that talk about usul al-fiqh. The search for the topic of Maqâshid al-Shari'ah is not easy to obtain. So far the discussion of Maqâshid al-Shari'ah has been more identified with Abu Ishaq al-Syathibi or as-Syathibi. At least the books of usul al- fiqh salaf, especially those of the Islamic scholars of as-Syafi'i who discussed Maqâshid al-Shari'ah or even ignored them in their subject matter, were due to the relevance of this discussion to the theol-ogy which he believed. This debate about Maqâshid al-Shari'ah is not only relat-ed to theology, but also related to the success of Maqâshid al-Shari'ah as a source of legal development. The methods of developing Islamic law based on Maqâshid al-Shariah such as istihsan and mashlahah al-mursalah are disputed development methods.