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KORELASI MAQẢSHID AL-SYARỊ’AH DENGAN METODE PENETAPAN HUKUM Idrus, Achmad Musyahid
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam Institut Agama Islam Negeri (IAIN) Parepare

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Abstract

Maqashid al-Syariah is known as a method of Islamic law philosophy. It put a reason to explore the inner meaning of the text by connecting reality that appeared arround it. Meanwhile, the method of decision law is one way to find and act the law among the people. Maqashid syariah and method of decision law has corelation to fulfill the ideal meaning of law in the text and in other way, maqashid syariah purposes to realize the maslahat for peoples.
RAHASIA HUKUM ISLAM TERHADAP PENGHARAMAN PENGGUGURAN JANIN Idrus, Achmad Musyahid
DIKTUM: Jurnal Syariah dan Hukum Vol 15 No 1 (2017): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.14 KB) | DOI: 10.28988/diktum.v15i1.423

Abstract

Abstrak: Janin adalah salah satu pokok masalah dalam hukum Islam sejak lama sampai sekarang. Ada banyak masalah yang menyebabkan terjadinya aborsi oleh ibu dan yang terpenting dari masalah ini adalah ketidakstabilan. Hukum Islam menekankan bahwa janin atau janin harus dihormati oleh semua manusia sehingga hukum Islam mendorong ibu dan ayah untuk melindungi janin atau janin di rahim ibunya. Itu sebabnya, janin atau janin sebenarnya memiliki kehidupan dan berpotensi tumbuh di banyak sel menjadi manusia.
RAHASIA HUKUM ISLAM TERHADAP PENGHARAMAN PENGGUGURAN JANIN Idrus, Achmad Musyahid
DIKTUM: Jurnal Syariah dan Hukum Vol 15 No 1 (2017): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.14 KB) | DOI: 10.35905/diktum.v15i1.423

Abstract

Abstract: Janin or fetus is one of the real problem in Islamic law since long time ago till today. There are many problems that caused janin or fetus aborsed by mothers and the most important of this problems is the unpragnancy. Islamic law stressed that janin or fetus must be respected by all humans so that Islamic law encouranges mothers and father to protect the janin or fetus in their mother’s uterus. That why, janin or fetus actually has life and has potentially to grow up in many cells to be human.
KORELASI MAQẢSHID AL-SYARỊ’AH DENGAN METODE PENETAPAN HUKUM Idrus, Achmad Musyahid
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v12i1.193

Abstract

Maqashid al-Syariah is known as a method of Islamic law philosophy. It put a reason to explore the inner meaning of the text by connecting reality that appeared arround it. Meanwhile, the method of decision law is one way to find and act the law among the people. Maqashid syariah and method of decision law has corelation to fulfill the ideal meaning of law in the text and in other way, maqashid syariah purposes to realize the maslahat for peoples.
PARADIGMA LITERALISTIK DALAM PENALARAN HUKUM ISLAM Idrus, Achmad Musyahid
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 1 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v18i1.1404

Abstract

The literalistic paradigm or classical Islamic law paradigm with a discussion of the style of Arabic texts both in terms of grammar and syntax that tends to ignore the discussion about the basic intentions of the revelation that is behind the literal text. Simply put, the literalist paradigm rests on the text both directly and indirectly. In the tradition of literalistic reasoning, there are two ways to get knowledge from the text, which are to hold the zahir text and to hold the intention of the text, not the zahir text. Sticking to the zahir text and the intent of the non-zahir text is characteristic of the reasoning process in Islamic law to draw a conclusion in the form of knowledge. Reasoning in Islamic law aims to produce knowledge that is associated with thinking and not with curiosity. However, not all thinking activities can be said as reasoning because reasoning is a thought activity that has certain characteristics in finding the truth.
Perspectives from Islamic Law on the Muhammadiyah Central Leadership's Tarjih Council and Its Significance for Religious Moderation Umar, Marzuki; Sultan, Lomba; L, Sudirman; Ridwan, Muhammad Saleh; Syamsuddin, Darussalam; Idrus, Achmad Musyahid
Journal of Modern Islamic Studies and Civilization Том 2 № 01 (2024): January 2024
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v2i01.517

Abstract

The research aims to explain and analyse the views of the Muhammadiyah central leadership assembly and its relevance to religious moderation. The method used in this research is a literature study that examines legal products produced by the Tarjih Council and in-depth interviews with Muhammadiyah's central and regional leaders regarding their views on religious moderation. This research shows that the Muhammadiyah central leadership tarjih council has provided moderate and flexible legal thinking. The legal products produced by the tarjih assembly have provided much knowledge to the public about how to act pretty, not easily blame others for differing opinions, be open to giving input, live side by side, be non-violent and prioritise the power of reason in looking at problems. This research concludes that the Muhammadiyah Tarjih Council's views align with the concept of moderation currently being developed by the Ministry of Religion.
Studi Perbandingan Hukum Pidana Islam dan Hukum Positif Terhadap Politik Uang dalam Pemilihan Umum (Pemilu) Isma, Isma; Idrus, Achmad Musyahid
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.26944

Abstract

This study analyzes the comparison of Islamic criminal law and positive law on money politics in general elections (elections). This research is expected to provide benefits both scientifically in the study of legal science, as well as practically and academically, that is, it can be used as input for writers, those who have a desire to know how the practice of illegal voting in elections and what the similarities and differences in politics look like. money according to Islamic law and positive law. The research method used in this study is a library research method that is juridical normative, namely research that refers to legal norms that exist in legislation, literature, expert opinions, papers. The laws used in this research are Law No. 10 of 2001 and the Anti-Corruption Law.
Praktik Pengobatan Ruqyah di Hamdalah dan Majelis Dzikir Ar-Rahman Kota Makassar: Tinjauan Hukum Islam Irwan, Nursafitri; Idrus, Achmad Musyahid; Akmal, Andi Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 2, MAY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.32127

Abstract

This article discusses the review of Islamic Law on the Practice of Ruqyah Medicine in Hamdalah and the Ar-Rahman Dhikr Council of Makassar City. By using qualitative descriptive research types. Field research (Field Research) this type of research is that researchers go directly to the field to make direct observations related to a phenomenon that occurs. The results of this study show that the implementation of ruqyah treatment in the hamdalah and dzkiri ar-rahman assembly of the place by reciting Qur'anic verses and prayers that have been applied in accordance with the teachings of the Prophet that allow without violating the sharia law of Islam. Treatment of ruqyah by performing yasinan, dhikr together and performing ruqyah stages in accordance with the teachings of Islamic law. The analysis of the Islamic legal view of the practice of ruqyah medicine is that although ruqyah was initially forbidden and now the law is permissible because ruqyah therapy is tajribah (experimental) then its legal status can change which originally the prohibition can change to sunnah according to the ijtihad of the scholars, as long as the therapy is within the limits of shari'i then it is permissible.
Analisis Komparatif Mazhab al-Syafi’i dan Mazhab Maliki terhadap Praktik Qadha Puasa Oleh Ahli Waris Riskal; Idrus, Achmad Musyahid; Syarif, Muh. Rasywan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.32998

Abstract

This study discusses the Practice of Qadha Fasting by Heirs for the Deceased (Comparative Analysis of the Shafi'i School and the Maliki School). The main problem in this study is how the provisions for the practice of fasting qadha. How is the authority of heirs in the practice of fasting qadha according to the school of jurisprudence. What are the differences and similarities in the opinions of the jurisprudence school about the practice of fasting qadha? This type of research used is library research or literature review. This research uses qualitative research methods that are descriptive, using two data sources, namely primary data and secondary data where primary data are taken from literature such as books, journals, scientific papers such as theses, theses and so on. This study also uses a normative approach syar 'i, in analyzing content and making deductive conclusions, namely taking something that is general and drawn on a specific conception. The conclusion of the research results is that Imam Shafi'i obliges to replace fasting by paying fidyah for heirs who have passed away. Imam Malik is not obliged to fast for deceased heirs. Imam Shafi'i's istinbat method uses a method based on the Nash text of the Qur'an and Sunnah. While what is understood in establishing the law of fasting qadha for heirs who have died Imam Malik uses the qiyas method based on hadith, in a comparison of opinions, Imam Shafi'i argues that it is mandatory to replace it by paying fidyah for heirs who have passed away while Imam Malik argues that his guardian is not obliged to fast to bear all the fasts left by the mayit, except when the mayit while still alive wills to change his fast.
Analisis Yuridis Terhadap Batas Usia Minimal Perkawinan Berdasarkan Undang-Undang Nomor 16 Pasal 7 Tahun 2019: Studi kasus Pengadilan Agama Sungguminasa Huda, Nurul; Idrus, Achmad Musyahid; Sabir, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.42783

Abstract

Child marriage is always motivated by various things or commonly referred to as factors, this factor is what encourages a child to marry or want to marry under the age of the provisions that already exist in legislation Number 16 of 2019 concerning marriage, namely in article 7 paragraph 1 which states that those who are allowed to marry when they reach the age of 19 years. Low marriage education is one of the factors for child marriage, which increases every year. In terms of child marriage, one of the factors that influence the occurrence of child marriage is not in accordance with the provisions of Law Number 16 of 2019 concerning marriage, namely the age of 19 years namely due to a lack of knowledge about child marriage, such as a lack of understanding of the impacts that will result from a marriage, both good and bad impacts. This research uses a field methodology (Field Research), namely research that has been carried out by being directly on the object, especially in an effort to collect data and information. And the type of research used is qualitative research. The implication of this research is that underage marriages that occur in Sungguminasa Regency, they are forced to marry due to several factors such as pregnancy outside of marriage, promiscuity, economy, education, custom, arranged marriage and their own desires this is due to lack of supervision and lack of interest in education so that quarrels and violence occur.