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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Al-Jinayah: Jurnal Hukum Pidana Islam
Abu Azam Al Hadi
Fakultas Syariah IAIN Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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Pemikiran Fikih Ibn Taimiyyah dan ‎Pengaruhnya ‎ pada Era Modern di Arab Saudi Abu Azam Al Hadi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 2 Des (2008): Al-Qanun Vol. 10, No.2, Desember 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.097 KB) | DOI: 10.15642/alqanun.2008.11.2 Des.247-261

Abstract

The thought of Ibn Taimiyyah is empirical in nature. He is known as an Islamic scholar with rationalistic inclination who believes that the truth exists in reality, not in one’s mind. He also believes that there is no contradiction between right human mind and revealed texts. Logic as deductive method of thinking cannot be used as a tool to accurately examine Islamic objects. Empirical Islamic objects can only be discevered through experiments and observation. Ibn Taimiyyah is also a salaf adherent whose method of thinking is originated strictly on the Qur’an and the Sunna. He tried to renew the perception and application of Islamic teaching in puritanism manner. Consequently, his renewal is reformative as well as modern. It can be said that it is a combination of conservative traditionalism and progressive modernity
Posisi al-Sunnah dalam Pemikiran Hukum al-Shafi’iy Abu Azam Al Hadi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 12 No 2 (2009): Al-Qanun Vol. 12, No. 2, Desember 2009
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (561.348 KB) | DOI: 10.15642/alqanun.2009.12.2.259-286

Abstract

This article discusses the view of al-Shafi’iy on al-Sunnah using historical analysis to uncover the significance of al-sunnah for al-Shafi’iy’s legal theory. This historical study is conducted by tracing al-Shafi’iy’s thought on the concept of al-sunnah in the period prior to him which Schacht labels as Ancient Schools of Law. Al-Shafi’iy had made radical change in understanding the concept of al-sunnah upheld by those early schools by criticizing the Ijma’ doctrines and limiting it to the aspects of basic r eligious duties. Al-Shafi’iy’s idea simply puts aside al-sunnah from the existing schools of law. For him, al-sunnah, which is transmitted from the Prophet in form of hadith though chains of trustworthy transmitters, is a source of Islamic law in its own right regardless whether it is widely accepted or otherwise. Further, it is remain a valid source even if it is only an isolated transmission (ahad).
Al-Maslahah dalam Pandangan ‎ al-Ghazaly, al-Shatiby dan al-Tufy Abu Azam Al Hadi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 13 No 1 (2010): Al-Qanun Vol. 13, No. 1, Juni 2010
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (685.864 KB) | DOI: 10.15642/alqanun.2010.13.1.105-131

Abstract

Al-Maslahah is merely an effort to gain benefit as well as prevent harm for the sake of human welfare in this world without considering its compliance with the purpose of shari’ah which are the preservation of religion, life, consciousness,  family, and property. However, there are three contradictory opinions concerning establishing  Al-Maslahah as a source of islamic law. A group od islamic legal theorists tend to limit the use of Al-Maslahah such as al-Ghazaly, while the second group tend to employ it moderately such as al-Shatiby. The last group is those group who employ it exclusively without pay much attention to the textual reference as promoted by al-Tufy. Surprisingly, there is a common ground between the three opinions. The first is that  al-maslahah should not merely be based on human desire, but it has to be in accordance to fundamental goal of islamic law. The second is that al-maslahah should be a fundamental of generating benetif and preventing harm.
Telaah Pemikiran Muhaddithin dan Usuliyyin terhadap Hadith al-Jinayah sebagai Hujjah dalam Memutuskan Hukum Pidana Islam Abu Azam Al Hadi
Al-Jinayah: Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 2021
Publisher : Prodi Hukum Pidana Islam Fakultas Syari’ah dan Hukum Universitas Islam Negeri Sunan Ampel Surabaya

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Abstract

Al-hadith positions as the foundation of Islamic law does not cover all kinds and types of al-hadith, even though the Qur'an has shown its validity. The Ulama attitude toward al hadits is influenced by several factors. Some take all hadith as the basis for Islamic law (including determining the provisions of Islamic jinayah/criminal punishments), and some do not. Some ulama are critical of al-hadith as a rationale of the Islamic shari'ah argument, some are merely positive, and some reject a part of al-hadith as a basis. According to Ulama Muhaddistsun and Ushuliyyun, al-hadith al-maqbullah must be based on various criteria. It must be narrated by a narrator who is fair and dabit, there is no 'illah al-qadihah, and the narration is not experiencing shudud. Muhaddithun took the attitude to accept all hadith, whether authentic, hasan or da'if, all to be practised. On the other hand, the ushuliyyun take the basis of istinbat only on the proposition of hadith shahih or hasan as ma'mul bih. This attitude extends to al-hadith ghayr al-mutawatirah, which provides benefits for yaqin. According to them, if the hadith is ghayru ma'mul bih, it is rejected.  
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