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The Role of Substantive Understanding Approaches in The Changes of Fiqh Firdaus Firdaus; Zainal Azwar
al-'adalah Vol 17, No 1 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This study aims to offer an approach in changing fiqh to stay in line with the demands of the texts and, at the same time, to create benefits for Muslims in their lives. This research is entirely library research whose data sources are obtained from several sources, including the Tarikh Tasyri Tasyri written by Khudari Bek, Tarikh al-Mazahib al-Islamiyyah fi Tarikh of al-Mazahib al-Fiqhiyyah written by Abu Zahrah, and al-Ittihad al-Fiqhiyyah inda Ashab al-Hadis fi al-Qarni al-Tsalits al-Hijri by Abd al-Majid Mahmud Abd al-Majid, and several other sources relevant to the topic studied. The analysis technique used is content analysis, which is the only technique used in analyzing the information process. This research finds the fact that fiqh changes are a necessity to respond the social development as well as to create benefit for society. Efforts to change fiqh can be done by using a substantive understanding of the syara 'texts which are the basis and source of change. It is in these aspects does appear the importance of the role of substantive understanding in the process of legal changes, as a solution in responding to the current and future development of society.

Penentuan Awal Bulan Qamariah Menurut Al-Qur'an dan Sunnah (Analisis Terhadap Ormas dan Pemerintah) Firdaus Firdaus; Amir Syarifuddin; Zulkarnaini Zulkarnaini
Jurnal Kajian dan Pengembangan Umat Vol 5, No 1 (2022): Vol. 5, No. 1 Juni 2022
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/jkpu.v5i1.3190

Determination of the beginning of the month of Qamariah is very necessary, this is related to worship, such as determining the period of iddah, haul zakat, fasting and other transactions. People become restless when the determination of the beginning of the month is different between Islamic organizations and the government. The image of Muslims becomes even worse in the eyes of non-Muslims when there is conflict. This study aims to reveal the causes of differences of opinion in determining the criteria for the beginning of the month, efforts to unite opinions, and unification of vision in determining the criteria for the beginning of the month of Qamariah. The research method used is a literature study with a descriptive analysis approach. Data collection on the procedure for determining the beginning of the month of Qamariah started from the time of the Prophet Muhammad who adhered to rukyat. The results showed that the difference in determining the criteria for the beginning of the month of Qamariah was due to the way to understand the arguments about the rukyat and reckoning methods. Unification can be done by holding muzakarah, training and deliberation every year at the isbat session. The Hisab Rukat Agency (BHR) of the Ministry of Religion of the Republic of Indonesia determines the criteria for the beginning of the month using the Ru'yah Imkan method, which is to see the height of the new moon at least two degrees above the horizon at sunset. Unifying the vision for the commonality of each mass organization by holding training, seminars, involving BMKG and LAPAN. At its peak, an isbat meeting was held that nationally the beginning of Ramadan, Shawwal and Eid al-Adha was determined. Alternative unification of ru'yah and astronomical calculations, by seeing directly using the senses of sight and science so that an astronomical view enters by looking at the calculations hinted at in the Qur'an Surah al-Baqgarah verse 189, Arrahman verse 5, Yunus verse 5, Yasin verse 39 and at-Taubah verse 36.Keywords: Qamariyah month, reckoning rukyat, determination

KEENGGANAN IBU MEMBERIKAN AIR SUSU IBU (ASI) KEPADA ANAK DALAM PERSPEKTIF HUKUM ISLAM Ezi Ainur Fauziah; Firdaus Firdaus; Azhariah Khalida
Jurnal AL-AHKAM Vol 13, No 1 (2022)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v1i1.4426

This research was motivated by the fact that breast milk is the most important and best nutrition for babies from birth, but what happened in Tanjung Senang District was different. there are mothers who are reluctant to give breast milk to their children for various reasons, both acceptable and unacceptable reasons. The formulation of the problem in this study is how the views of Islamic law on the reluctance of a mother to give breast milk (ASI) to children in Tanjung Senang District, Lampung. This type of research is a field research using a descriptive qualitative approach. The approach in this study was intended to identify and describe the reluctance and implementation of breastfeeding by mothers in Tanjung Senang District, Lampung. The technique of collecting data in this research is by interviewing mothers, health workers and religious leaders. Based on the research conducted, it can be concluded that some mothers are reluctant to give breast milk to their children. The reluctance of mothers that occurred in Tanjung Senang District not to breastfeed for various reasons. There is a lack of knowledge, work, breastfeeding is the same as formula milk, lifestyle, breast milk doesn't come out, cannot get support from family and some people's habit of replacing breast milk with other drinks and foods. According to Islamic law, breastfeeding is mandub or recommended. The law of mandub can become mandatory if it harms the soul or the growth of the baby. On this basis, the mother does not give breast milk without a clear reason and contrary to the Shari'a that the mother is seen as lacking in carrying out her religion and obligations because it will make the baby's growth unfulfilled.

The Crown Witness From the Point of View of Islamic Criminal Law in Truth Discovery of Criminal Cases in Indonesia Joni Zulhendra; Firdaus Firdaus; Hardi Putra Wirman
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6918

This article aims to elucidate Islamic criminal law's point of view on the existence of crown witnesses in the truth discovery of criminal cases in Indonesia. In fulfilling the shortage of witness evidence, one of the perpetrators of the crime was carried as a case witness in the case. This study uses normative research methods by reviewing books relevant to the problem (Library Research) by tracing, comparing, and analyzing normative doctrinal law through a qualitative approach regarding crown witnesses. This study found that Islamic criminal law requires fairness to be accepted as a witness. If a crown witness is indeed needed as evidence to reveal a criminal case without being accompanied by other supporting evidence, then a crown witness is permitted. Should there is other evidence, the crown witness will be disqualified because the crown witness does not meet fair requirements. The rule of law in Indonesia based on the Criminal Procedure Code (KUHAP) article 185 paragraph 2 states that the statement of one witness is insufficient to prove a criminal case called the principle of unus testis nullus testis (one witness is not a witness). Therefore, there are no other witnesses apart from the crown witness.

The Contextualization of Hadith Regarding the Prohibition of Damaging Corpses in the Law of Autopsy Hardivizon Hardivizon; Firdaus Firdaus; Makmur Syarif
Mashdar: Jurnal Studi Al-Qur'an dan Hadis Vol 5, No 1 (2023): Mashdar: Jurnal Studi Al-Qur'an dan Hadis
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/mashdar.v5i1.5387

This study aims to review the hadiths regarding the prohibition of damaging corpses and contextualize them with the law of autopsy. The approach used is the hermeneutics offered by Hassan Hanafi in understanding the text of revelation as a legal source. This approach involves building three types of awareness: 1) historical awareness (asy-syu'ur at-tarikhy), 2) eidetic awareness (asy-syu'ur at-ta'ammuli), and 3) praxis awareness (asy-syu'ur al-'amali). The findings of this study are as follows: 1) there are two hadiths that contain the prohibition of damaging corpses, the first narrated by Muslim, and the second by Abu Daud; 2) both hadiths that prohibit damaging corpses are of high quality (sahih); 3) the prohibition of damaging corpses applies in normal situations, but in emergencies, the use of body parts of the deceased according to necessity is allowed; 4) autopsy, whether for autopsy purposes or as a learning tool for medical students, is categorized as an emergency need and is therefore permissible according to Islamic law

The Role of Substantive Understanding Approaches in The Changes of Fiqh Firdaus Firdaus; Zainal Azwar
al-'adalah Vol 17, No 1 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i1.6031

This study aims to offer an approach in changing fiqh to stay in line with the demands of the texts and, at the same time, to create benefits for Muslims in their lives. This research is entirely library research whose data sources are obtained from several sources, including the Tarikh Tasyri Tasyri written by Khudari Bek, Tarikh al-Mazahib al-Islamiyyah fi Tarikh of al-Mazahib al-Fiqhiyyah written by Abu Zahrah, and al-Ittihad al-Fiqhiyyah inda Ashab al-Hadis fi al-Qarni al-Tsalits al-Hijri by Abd al-Majid Mahmud Abd al-Majid, and several other sources relevant to the topic studied. The analysis technique used is content analysis, which is the only technique used in analyzing the information process. This research finds the fact that fiqh changes are a necessity to respond the social development as well as to create benefit for society. Efforts to change fiqh can be done by using a substantive understanding of the syara 'texts which are the basis and source of change. It is in these aspects does appear the importance of the role of substantive understanding in the process of legal changes, as a solution in responding to the current and future development of society.

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