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Journal : FENOMENA: Jurnal Penelitian

Konsep Qiyas Dan Ad Dalil Dalam Istimbat Hukum Ibn Hazm Ratu Haika
FENOMENA Vol 4 No 1 (2012): FENOMENA Vol 4 No.1, 2012
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.665 KB) | DOI: 10.21093/fj.v4i1.257

Abstract

Ibnu Hazm is a distinguished Moslem leader who really holds fast to the nash. That is why, he critics hard the other Moslem leaders who take the rationality role in establishing a regulation. In his point of view, Islamic law comes from Allah SWT which is clearly written in Al Qur’an and Sunnah, and implemented consensusily by all Moslems. Ijma’ basically should based on the the nash of Quran because there no ijma’ without following the nash. So that, Ibnu Hazm states that there are three sources of the law as main base of implementing the law. Ibnu Hazm refuses the qiyas as source of the law. In term of his refuse of the qiyas, Ibun Hazm promotes a new perspective in responding the comtemporer problems that they are not found in the nash explicitely. The thought was known as ad dalil.Then, the concept of ad dalil is considered as one of the sources of in the Islamic law that there is no different to the qiyas used by other Moslem leaders previously.
Efektivitas Perma Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dalam Menekan Angka Cerai di Pengadilan Agama Lilik Andaryuni; Ratu Haika
FENOMENA Vol 10 No 2 (2018): FENOMENA VOL 10 NO. 2, 2018
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.62 KB) | DOI: 10.21093/fj.v10i2.1231

Abstract

Raising statistic divorce from year to year increased, make Supreme Court take various efforts, among others make the role of mediation in the Religious Court (PERMA No. 1 Tahun 2016). This article discusses the effectiveness of mediation in the Religious Court in order to minimize statistic divorce in the Religious Court East Kalimantan.