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Ratu Haika
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Konsep Qiyas Dan Ad Dalil Dalam Istimbat Hukum Ibn Hazm Haika, Ratu
FENOMENA FENOMENA Vol 4 No.1, 2012
Publisher : LP2M IAIN 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 Andaryuni, Lilik; Haika, Ratu
FENOMENA FENOMENA VOL 10 NO. 2, 2018
Publisher : LP2M IAIN 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.
Efektivitas Perma Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dalam Menekan Angka Cerai di Pengadilan Agama Andaryuni, Lilik; Haika, Ratu
FENOMENA FENOMENA VOL 10 NO. 2, 2018
Publisher : LP2M IAIN 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.
Konsep Qiyas Dan Ad Dalil Dalam Istimbat Hukum Ibn Hazm Haika, Ratu
FENOMENA FENOMENA Vol 4 No.1, 2012
Publisher : LP2M IAIN 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.
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
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.
Co-Authors Andaryuni, Lilik Lilik Andaryuni Lilik Andaryuni, Lilik