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Muhammad Aziz

Institut Agama Islam Al Hikmah Tuban

Author-ID : 4069641

Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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SIGNIFIKANSI PERANGKAT IJTIHAD DALAM KAJIAN UṢHŪL FIQH Muhammad Aziz
Al Hikmah: Jurnal Studi Keislaman Vol. 11 No. 2 (2021): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Abstract. Islamic law contains all human benefits, both the benefit of the world andthe hereafter, the benefit of individuals and groups. Human welfare is regulated insuch a way through legal instruments and their arguments. Ijtihad is a term that isquite popular among Muslims, especially in the study of Islamic law. In today's era,there are many differences in Ma'hab in Islamic law caused by ijtihad. All of that cannot be separated from the results of ijtihad and all certainly strive to find the bestlaw. Precisely with ijtihad, Islam is more flexible, dynamic, flexible according to thedynamics of the times, and Islamic law is not silent in dealing with the increasinglycomplex problems of life. Ijtihad is an effort made by a faqih in earnest to extract asyara' law from detailed arguments. The laws of ijtihad vary according to theconditions faced by the mujtahids. Ijtihad is divided into several parts according tothe point of view, including in terms of the arguments that are used as guidelines, interms of its implementation, in terms of whether or not it is possible to stop ijtihadactivities, and in terms of the results achieved by ijtihad. The ijtihad method consistsof qiyas, istihsan, maslahah mursalah, istishab, 'urf, and sadd dzarai'. Ijtihad hascontinued to develop from the time of the Prophet Muhammad to the present day.Therefore, the historical description of ijtihad can serve as a benchmark to see theimportance of ijtihad's position in the present context which is marked by changes invarious fields of life.Keyword: Device, ijtihad, study of uṣūl fiqh

K.H. Hasyim Asy'ari's (1871-1947 AD) Perspective on the Sakinah Family and Its Relevance to the Concept of Islamic Family Law in Indonesia Muhammad Aziz
Al Hikmah: Jurnal Studi Keislaman Vol. 13 No. 02 (2023): AL HIKMAH
Publisher : Institut Agama Islam Al-Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/hjsk.v13i02.4059

This study aims to describe the indicators of sakinah family formation according to KH. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research, in the form of a literature study, uses philosophical norms. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by KH. Hasyim Asy'ari. Several articles on the KHI are the theory of analysis in this research. The results of the study show that there is a relationship between indicators for the formation of a sakinah family, according to KH. Hasyim Asy'ari with the construction of legal provisions in Compilation of Islamic Law (KHI). First, the indicators of compliance with the legal principles, requirements, and pillars of marriage relevant to KHI Articles 4, 16, 20, and 27. It is just that the view of KH. In the first indicator, Hasyim tends to be textual. This is in contrast to the KHI, which is more contextual. Second, the recommendation indicator in choosing a life partner is relevant to KHI Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by the KH. Hasyim covers various aspects including religion, physical, lineage, economy, psychological, and social status. Third, the indicator understands the principles of the purpose and benefits of marriage relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husbands and wives that are relevant to KHI Article 80. However, regarding the duties or obligations of the wife, KH. Hasyim is more detailed than the KHI. The theoretical implications of this research show indicators of the formation of a sakinah family from the viewpoint of KH. Hasyim Asy'ari is relevant and can be the basis for formulas in the development and renewal of Islamic marriage laws in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of KH. Hasyim is related to four indicators of sakinah family formation.

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