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Journal : Mazahib

 1 
HUKUM KEWARISAN ISLAM DI INDONESIA (Analisis Terhadap Buku II Kompilasi Hukum Islam) Haika, Ratu
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.505

Abstract

The compilation of Islamic law (KHI) consists of three books: book one concerns of marriage; book two concerns of inheritance, and book three concerns of religious endowment. Unlike book one and book three which have other legislation regulating them i.e. Law No. 1/1974 of marriage, Government Regulation No. 9/1975 of marriage and Law No. 41/2004 of religious endowment, book two of the KHI have no other supporting legislation whilst articles available in the book two are very limited. Hence, there are many jurisprudential questions left by the KHI with regards of Islamic inheritance in Indonesia.
MASLAHAH MURSALAH SEBAGAI METODE DALAM PENETAPAN HUKUM ISLAM Haika, Ratu
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v12i2.324

Abstract

At ushul fiqh study, has been negotiated that there were four sources of Islamic Law, namely Al Qur’an, Hadits, Ijma’ and Qiyas.  At its development also many methods that known as determination of Islamic Law, including maslahah mursalah.  Maslahah divided into three area, namely accepted by syara’, ignored by syara’ and be debated by fuqaha because there were no postulate both accept and also ignore that.  the third ones that become the object of maslahah mursalah theory or a term introduced by Imam Malik.  Maslahah mursalah as a method or source of legal determination is used by some of ulama but some others especially from follower of mazhab asy-Syafi’iyah denied whereas based on the research results, Imam asy-Syafi’I and follower, Imam Gazhali, accept it. 
BAGIAN AYAH DAN SAUDARA DALAM KEWARISAN ISLAM DI INDONESIA (Perspektif Fiqh, KHI dan Prakteknya di PA dan Masyarakat) Haika, Ratu
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.628 KB) | DOI: 10.21093/mj.v10i2.400

Abstract

After the Compilation of Islamic Law, it appears that not only applied Shafi opinion, but wider use other teachings, known as the "replacement heir" and "testament wajibah" that the Sunni doctrine does not exist. Renewal in Islamic inheritance law can be seen also in some other rules. Rules of the father and mother when the heir did not leave a child (which is commonly known in terms gharawain fiqh), the siblings and relatives of the mother when the heir to the state to lose (in terms of fiqh, commonly known by the term Musharaka) and the brothers when with children female. Rules that have made this seem confusing and lead to different interpretations, and caused debate among the 'ulama as well as law enforcement in Indonesia.
Konsep Qath’i dan Zhanni dalam Hukum Kewarisan Islam Haika, Ratu
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.276 KB) | DOI: 10.21093/mj.v15i2.632

Abstract

The term qath'i (definitive) and zhanni (speculative) in Usul al-Fiqh is used to explain the sources of Islamic legal texts either the Qur'an or Hadith in two ways, namely al-tsubût (existence) or al-wurud (sourced from the truth), and al-dalalah (textual implication). In terms qath'i and zhanni al-tsubut and al-wurud, Islamic jurists agree that the Koran and the hadith mutawatir is definitive, whereas ahad hadith is zhanniy ats-tsubut. They differ in terms of qath'i and zhanni of the al-dalalah (interpretation). Islamic jurists state that if a text of the Koran or Hadith contains only one meaning that is clear and not open up to other possible interpretations, as well as read certain numbers, then the text is regarded as the definitive text of textual implication. The texts relate to inheritance law fall into the category this qath`i al-dalalah. Meanwhile, contemporary Islamic jurists state that the qath'i and zhanni al-dalalah of the texts both the Koran and the hadith cannot be seen from the clarity of meaning of the texts but also on the desired essence of the text which is commonly known as the maqasid al-shari'ah. The maqasid approach must also be coupled with the theory ta'abbudi and ta'aqquli. Based on this, this article argues that the texts related to Islamic inheritance law is categorized zhanni al-dalalah because they concern of human social relations (mu`amalah) which are affected by the socio-economic context of the role of men and women in society (ta`aqquli). Consequently, the texts in the field of inheritance law are open to modern interpretations.Keywords: Islamic inheritance law, qath'i and zhanni in Islam
Co-Authors Andaryuni, Lilik Lilik Andaryuni Lilik Andaryuni, Lilik