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MUKALLAF SEBAGAI SUBJEK HUKUM DALAM FIQIH JINAYAH Abdur Rakib
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1215.459 KB) | DOI: 10.33650/jhi.v5i2.3585

Abstract

Legal actors in the study of jinayah fiqh are an important part in the further study of jinayah fiqh, as are legal actors in muamalah fiqh, worship, and munakahat which of course cannot be separated from the discussion of mukallaf as the perpetrator of the legal discussion in it, where every law is certain because there are legal actors, or where there are humans (mukallaf) there must be laws resulting from their actions. The importance of the study of mukallaf in this more specific discussion is of course because the perpetrators or legal subjects – if not call it mukallaf – in the context of jinayah fiqh there are some differences in the imposition of taklif when compared to the fiqh of Mawarits, even with the fiqh of worship. Mukallaf in the discussion of jinayah fiqh basically has no difference with other fiqh except in the discussion of the expertyah category wujub al-kamilah. In essence, fiqh is God's law which is based on the absence of burdens on His servants who are beyond the limits of ability.
Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam Abdur Rakib; Zakiyah Muhammad Jamil
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 3 No 2 (2021): As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.833 KB) | DOI: 10.47467/as.v3i2.236

Abstract

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.
ROKAT BELIUNEH: ANTARA BUDAYA DAN SYARIAT ISLAM (Studi Analisis Budaya di Desa Ganding Sumenep Madura) Abdur Rakib
JURNAL HAKAM Vol 6, No 2 (2022)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i2.5178

Abstract

The law does not come in a social vacuum, in fact the law comes when there is social activity. Consequently, every social treatment definitely requires certain laws and rules. Meanwhile, religion exists because it functions as a guide to good and values and keeps away from substantial evil. Therefore, every culture is believed to allow for two opposite things, namely wrong culture and religiously right culture.In considering the Al-Quran and Hadith of the Prophet, Muslims believe that the death of a person is an event that can cut off his good deeds (including bad deeds) except through three things, so that every time someone dies in the village of Ganding there is a habit of praying and giving alms for his family. died with the aim of alleviating the burden of the sins of the deceased and providing good benefits through the Rokat Beliuneh ritual.However, Beliuneh's rokat culture does not have clear adequate references and arguments in both the Koran and the hadits of the Prophet and even the opinions of the scholars, from this it requires proper thinking to combine cultural reality and the substance of religious values if it does not have fatal consequences in the realm of I'tiqadyKeywords : Beliuneh's Rokat, Culture, Islamic Law