Article Per Year (5 Year)
p-Index From 2019 - 2024
0.562
P-Index
This Author published in this journals
All Journal BILANCIA Al-Maslahah COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
Andi Muh. Taqiyuddin BN
Universitas Islam Negeri Alauddin Makassar
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
PENERAPAN KAIDAH “AL-IJTIHAD LA YANQUD BI AL-IJTIHAD” DALAM KASUS FIKIH Andi Muh. Taqiyuddin BN; Ahmad Arief; Marzuki Umar; Misbahuddin Misbahuddin; Sabri Samin
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.1920

Abstract

This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) The meaning of the rule (Ijtihad Does Not Cancel Other Ijtihad), namely the rule (Ijtihad Does Not Cancel Other Ijtihad) means that ijtihad cannot produce a product that has been implemented at a certain time and place, it cancels the legal product of an ijtihad result. at one time and another. 2) The validity of the principle (Ijtihad does not cancel other Ijtihad), namely the honesty of this principle can be seen from the existence of the arguments that legalize it. Starting from the hadith until then the consent of a friend, as we have stated, this can be noticed from a caliph 'Umar who did not annul or cancel his predecessor's opinion or ijtihad, namely Abu Bakr. 3) Implementation of the rule (Ijtihad does not cancel other Ijtihad), which can be seen from the examples in the literature that discuss al-Qawa'id al-Fiqhiyyah. This rule is valid as long as it does not violate or contradict the nas, consent, qiyas jaliy, the words of the 4 schools, and it is clear that the judge's error is the result of the law, cause, or method. Also, ijtihad must be equally strong, it cannot be just one of them, and finally, that the implementation of ijtihad has been legitimized by Fatwa or Qa ataupunā. So the implementation of this rule can be noticed in existing examples and this rule is not always able to be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.
MENYOAL KEADILAN SOSIAL TERHADAP JEMAAT AHMADIYAH DI INDONESIA PERSPEKTIF ISLAM DAN SILA KE-5 PANCASILA Andi Muh. Taqiyuddin BN; Misbahuddin; Kurniati
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1321

Abstract

The purpose of this research is to reveal the history of the emergence of Ahmadiyya and its entry into Indonesia, the facts of violence against the Ahmadiyya Congregation in Indonesia and the government's role in protecting the Ahmadiyya Congregation, as well as social justice for the Ahmadiyya Congregation in Indonesia in the perspective of Islam and Pancasila. This qualitative research is a library research that collects data through literature such as journals and books. The results show that Ahmadiyya is a faith-based organization initiated and propagated by Mirza Ghulām Ahmad. There are two sects within this organization; Lahore and Qadian. The Lahore Ahmadiyah sect was spread to Indonesia through Mirza Wali Ahmad and Maulana Ahmad in 1924. Meanwhile, the Ahmadiyah Qadian sect was spread by Rahmat Ali in 1925. The Lahore sect stated that Ahmadiyah was born in 1888 while the Qadian sect stated that Ahmadiyah was born the next year. The existence of the Ahmadiyya Congregation in Indonesia is marked by a series of episodes in the form of neglected facts of social justice. Various acts of attacks, violence, persecution, and so on are portraits of the life of the Ahmadiyya Muslim Community in Indonesia as legal citizens before the law. It is understandable that the government's role in protecting the Ahmadiyya Congregation has not been maximized due to various acts of violence against the Ahmadiyya Congregation in Indonesia. Based on the fifth precept of Pancasila and from an Islamic perspective, in this case the preservation of life, lineage, property and reason, social justice has not been realized for the Ahmadiyya Congregation in Indonesia with violent attacks in the form of indiscriminate acts. vigilantes against the Ahmadiyya Congregation are still found.
PERBEDAAN FATWA DAN QADA SERTA IMPLEMENTASINYA DI INDONESIA Andi Muh. Taqiyuddin BN; Abdul Syatar
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.23

Abstract

The purpose of this research is to explain the meaning of Fatwa and Qada, how are the similarities and differences between fatwa and qada and their implementation in Indonesia, and to explain how the wisdom of fatwa and qada is. This research is qualitative, the type of research is library research and uses phenomenological and normative approaches. The results showed that; 1) The word fatwa comes from Arabic, which means the answer to what is the problem of syarak or legislation. The word Qada comes from Arabic, which means law and determination. It can be understood that the meaning of a fatwa in the term is the answer to the explanation of the mufti regarding religious questions or problems asked by someone or mustafti. The meaning of Qada in terms is a legal decision from qadi regarding cases or events based on arguments and evidence through mechanisms, the scope of qada is limited and is binding and obligatory. 2) The brief similarity of both of them is both legal products and determined based on the Quran and Hadith. First, the fundamental difference between the two is that fatwas are not binding while qada is binding/force. Second, that the scope of coverage of fatwas is wider than qada. Fatwa application in Indonesia is more dominant than qada. 3) The honesty of Fatwa and Qada can be seen from the existence of the arguments which make it conducive, it is the arguments that position the fatwa and Qada as two legal matters as part of Islamic law, especially Islamic justice.
Co-Authors Abdul Syatar Ahmad Arief Kurniati Marzuki Umar Misbahuddin Misbahuddin Misbahuddin Samin, Sabri