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Journal : Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial

BATAS WAKTU MUSAFIR BERMUKIM UNTUK KEBOLEHAN QASAR SALAT Yenny Sri Wahyuni; Yusrizal Bin Razali
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4755

Abstract

The traveler is one of the reasons that allows someone to pray qasar, this is the opinion that has been agreed by the scholars. They differ in opinion as to how long a traveler is allowed to pray. In this case, the Hanafi school argues that the traveler is allowed to pray continuously, unless he has lived in a place for more than 15 days, then he is considered a mukim and must complete his prayer. Meanwhile, the Syafi'i mazhab of the traveler is allowed to qasar continuously, unless he stays in a place for more than 3 days. The research question is: what is the istinbat method used by the Hanafi and Syafi'i schools in determining the time limit of the qasar's allowance for the traveler and what is the reason for the differences of opinion between these two schools of thought. The research method that the author uses is a comparative descriptive method, namely research by analyzing and comparing opinions, reasons and interpretations of the arguments used as a basis for the opinion of the school of thought. The results found are that both schools use the method of istinbat bayani. The cause of differences in opinion is due to the confusion of the dhahir in a number of hadiths and the subjectivity of the mujtahid in understanding the texts. 
COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOREIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW Badrul Munir; Yenny Sri Wahyuni; Teuku Awis Aulia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12269

Abstract

The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studied in this journal is to describe the views or opinion of Indonesian law on the concept of citizenship and explain the views of Indonesian law (law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism) and Islamic law (Opinions of Imam Malik and Imam Syafii) concerning the repatriation of Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria to Indonesia. In this study, the authors use normative research methods by conducting library research through the process of reading, researching, and reviewing ongoing discussions with this research. The results of this study indicate that in Indonesian law, referring to Law No. 5 of 2018, they must be repatriation to Indonnesia because they are the responsibility of the state in accordance with articles 43b, 43b, and 43d. whereas in Islamic law there is caution by asking them if they want to go back and repent for their actions, if they obey they can be repatriation to Indonesia, if not they are fought. and the decision will ultimately be left to the government about their fate.