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PELAKSANAAN TAQNIN AL-AHKAM DI NEGARA KESATUAN REPUBLIK INDONESIA Husni Husni; Hasanuddin Hasanuddin
SYARIAH: Journal of Islamic Law Vol 3, No 1 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i1.306

Abstract

Qanun al-Ahkam is basically an attempt to choose a more beneficial opinion about a law in a certain country and time which is considered to have greater maslahat power for the benefit of the wider community. The purpose of this paper is to find out how the implementation of taqnin al-ahkam in the Republic of Indonesia. The results of this study say that taqnin al-Ahkam can be implemented through the legislative process. Namely the process of making law and legal products. In this case, Islamic law which is sourced from revelation is then compiled in a law that has binding power for all citizens so as to minimize the gap between Islamic law that develops and is understood as Islamic teachings and law in practice.
MAZHAB FIQIH PADA ZAMAN SEKARANG Hasanuddin Hasanuddin
SYARIAH: Journal of Islamic Law Vol 4, No 2 (2022)
Publisher : STISNU Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sy.v4i2.623

Abstract

There are two fanatical attitudes that develop in Islamic society, namely fanatics within a school and anti-school fanatics. Attitudes and conditions like this have led to disputes and divisions within the body of the Muslims. In fact, not infrequently differences in furu' (branches) issues can trigger fights and bloodshed among fellow Muslims. It is at this point that the issue of schools of thought in Islamic law becomes important for further investigation. The history of the emergence of schools of fiqh occurred in five periods: The growth period (0-1 H century), namely during the time of the Prophet, during the companions and during the tabiin period. The formation period (2-3 H centuries) was the Imam Abu Hanifah School, the Imam Malik School, the Imam Syafii School, the Imam Ahmad School and other schools. The golden period (3-9 H century). Decline period (10th – 13th century H). And the period of revival (14th Century Present). It turns out that practicing madzhab for other than absolute mujtahid is obligatory according to ushul fiqh scholars. And inviting people to leave the schools of thought on the grounds of returning to the Al-Qur'an and al-Sunnah is a futile effort. Schools should be understood as a scientific discipline (manhaj) for us to understand the Qur'an and al-Sunnah. Therefore, the existence of a school of thought in the contemporary era is still needed to harmonize the factual truths of the Qur'an and as-Sunnah.