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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam AL-BASHIRAH: Journal of Islamic Studies
Muhammad Ikhsan
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Religion Humanities

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المذهب الشافعي في إندونيسيا؛ تأريخه و آثاره Muhammad Ikhsan
البصيرة: مجلة الدراسات الإسلامية Vol 1 No 1 (2020): البصيرة: مجلة الدراسات الإسلامية
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bashirah.v1i1.231

Abstract

This study aims to identify the extent to which the historical roots of the Shafi'i school in Indonesia in terms of its arrival and spreading and to determine the extent of the influence of the Shafi'i school in the lives of Muslims in Indonesia and whether it plays a role in the codification of laws in Indonesia? The researcher employed the historical inductive approach and the descriptive-analytical approach. Among the results of the research are that the entry of the Shafi'i school in Indonesia was accompanied by the entry of Islam in it by Arab traders from the Arabian Peninsula - or the Indies (Malibar and Gujarat). Based on reliable documents, I can confirm that Islam entered Indonesia in the seventh century AD (first century in Hijriyah), yet began to spread strongly in the tenth century AD through the emergence of Islamic kingdoms in the archipelago which adopted the Shafi'i school as the official school of the state. The influence of the Shafi'i school is evident in Indonesia on the educational curriculum taught in the era of the Islamic kingdoms and the era of independence in several institutions and Islamic boarding schools. The Shafi'i school also shows its influence in the law of Islamic governance in Indonesia, although it is limited to matters of marriage, inheritance, and waqf.
"قواعد النيات والمقاصد عند الحافظ العراقي وابنه الحافظ أبي زرعة من خلال كتابهما "طرح التثريب Muhammad Ikhsan; Hassani Mohammed Nour
البصيرة: مجلة الدراسات الإسلامية Vol 2 No 1 (2021): البصيرة: مجلة الدراسات الإسلامية
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bashirah.v2i1.328

Abstract

This study aims to explore the principles of the Islamic law that govern the intentions and intentions of the mukallaf in the views of al-Hafizh al-Iraqi and his son, al-Hafizh Abu Zur'ah, in their work, Tharh al-Tatsrib. This research seeks to raise the position of al-Hafizh al-Iraqi and his son, al-Hafizh Abu Zur'ah, in the study of Islamic law, through a study of fiqh principles relating to the intention of mukallaf and their application in Islamic law. The method used in this research is the inductive method and legal analysis. Among the important conclusions of this research is that there are at least 10 rules related to intention in the Book of Tharh al-Tatsrib, all of which are then explained the arguments and applications of Islamic law. This research also found the superiority of al-Hafizh al-Iraqy and his son, al-Hafizh Abu Zur'ah, in the study of Islamic law, although both were more popular in the study of hadith; which is shown by their interaction with the rules of Islamic law in their work, Tharh al-Tatsrib.
Hukum Seputar Risywah dalam Perspektif Hadis Nabi Muhammad Ikhsan; Azwar Iskandar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 2 (2021): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v2i2.322

Abstract

This study aimed to analyze: (i) the position of hadiths about risywah; (ii) the legal view of the hadiths concerning risywah; (iii) the form of risywah application based on these hadiths; and (iv) the solution of the Prophet's hadiths in eradicating the phenomenon of risywah. This research was qualitative descriptive research with lafzi and thematic methods (mawdlu'i). The results showed several things. First, there are a number of hadiths of the Prophet that generally be used as arguments (legal basis) in discussing risywah and its application in the life of mankind. Second, the hadiths of the Prophet turned out to be the same conclusion that risywah is an act that gets a curse from Allah and becomes a very strong foundation to establish the prohibition of risywah. Third, the hadiths of the Prophet also provide some examples of applications from risywah itself, among others: giving gifts to officials or state officials, giving bribes with the intention of canceling legal processes or provisions, and giving bribes in an effort to escape from an obligation. Fourth, hadiths of the Prophet (s) provide solutions to prevent and eradicate risywah that have proven effective in the prophetic era and also in the era of Khulafa' al-Rasyidun, among others in the form of coaching (tarbiyah) faith in officials and state apparatus, improving the system of supervision and audit of the wealth of officials and authorities, and the determination and imposition of strict sanctions to people who are proven to be involved in risywah.
Co-Authors Azwar, Azwar Hassani Mohammed Nour