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MAQASHID : Jurnal Hukum Islam

maqashid
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Published by Institut Agama Islam Al-Qolam Malang

ISSN : 26139758 EISSN : 26854619 DOI : 10.35897

Core Subject : Religion, Education, Social,

Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal MAQASHID merupakan jurnal ilmiah yang diterbitkan oleh program studi Ahwal al-Syakhsiyah Institut Agama Islam Al-Qolam, terbit dua kali dalam satu tahun. Sebagai sarana pengembangan intelektual dosen dan civitas akademik pegiat hukum Islam. Redaksi menerima artikel ilmiah maupun hasil laporan penelitian yang relevan dengan tema dalam jurnal ini, yaitu hukum Islam. Naskah yang dikirim adalah naskah yang sesuai dengan pedoman penulisan artikel jurnal MAQASHID

Arjuna Subject : Ilmu Sosial - Hukum

Articles 105 Documents

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MENUJU PENYATUAN KALENDER HIJRIYAH Bashori Alwi
MAQASHID Vol. 3 No. 1 (2020): Mei 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Differences in determining the timing of worship seem to be a matter of course, because too often in this country there are differences in the determination of worship, especially in the implementation of the fasting month of Ramadan, Eid al-Fitr, Eid al-Adha and others, this is because there is no agreement related to it. a fixed calendar, so that Muslims in Indonesia do not yet have an established Hijriyah calendar that can be used as a common reference. The determination of the beginning of the month of Qamariyah is indeed a matter of ijtihadiyah because there is no single argument either from the Koran or as-Sunnah which explains in detail about the method or method of determining the beginning of the month of Qamariyah, so that many scholars have different opinions in interpreting how to determine the first day of the month Qamariyah. Also the results of astronomical calculations which some scholars say as definite or qoth'i, also reaped many versions so that they could not convince the people to make it the only method of determination. So the results of this study conclude that in order to realize the unification of the determination of the beginning of the month there must be one school that becomes the authority, namely the state madzhab, as in the rule of "the decision of the judge (State) to erase differences".

MENELISIK KODIFIKASI HADIS: Upaya Menakar Validitas Hadis Sebagai Sumber Kedua di Tengah Kepungan Kelompok Inkar al-Sunnah Ulum, Bahrul
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

The scholars agree that hadith is a source of law, even though they differ in their opinion on the validity of a hadith. The hadith of the Prophet, which is often referred to as al-Sunnah al-Nabawiyyah, is one of the two basic resouces of the Islamic syari'at after the Qur'an. They position the hadith as a guide in carrying out activities in this world, both with regard to aspects of worship such as mu'amalah and morals. Hadith in the form of words, deeds and provisions (taqririyah), in detail, has outlined a manhaj for the life of Muslims, both individually, in families, communities and countries. The position of the hadith in Islamic syari'at is very strategic. Of course, there is no need to doubt, because the function of hadith apart from being the most urgent is interpreting the Qur'an. More than that, the function of the hadith which is no less important is as a basis in determining other laws that are not contained in the al-Qur ?an. In the past, the Companions used to listen to the Prophet's words and witness the Prophet's actions and life firsthand. In many cases, if they disagree in interpreting the verses of the Qur'an or find it difficult to determine a law, they do not hesitate to refer to the hadith of the Prophet. Of course they are very upholding the sunnah that the Prophet recently passed on as a translater of revelation that was sent to all mankind.

Analisis Hukum Islam Terhadap Tradisi Penentuan Kecocokan Pasangan Menggunakan Weton Dalam Primbon Jawa Husniyyah, 'Uyuunul
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Allah SWT. creates every creature with their respective partner with the aim to save offspring. Marriage plays a very important role in protecting future generations. Since the entry of Islam into the Javanese palace, Javanese wedding customs have been combined with the teachings of local beliefs, including animism and dynamism. This combination is used and passed on to future generations to this present time. Many Javanese customary traditions are still used before marriage, for example calculating the wedding day, which is usually carried out during the engagement. The second is calculating the match using weton of the bride and groom. It frequently happens that only because the weton calculations of the bride and groom do not match, they eventually do not get the blessing from both prospective parents. In this paper, the author focused on discussing the perspective of Islamic law on the tradition of determining the match of a partner using weton in Javanese primbon. This study used a qualitative method, by analyzing the concepts or data obtained by using the theories that had been collected. The theories were taken from books, theses, and journals. The results of this study showed that the tradition of determining the match of a partner using the calculation of weton is not allowed because it is against Islamic law. In this case, it is against QS An-Naml: 65, Hadith of Rosulullah SAW., narrated by Ahmad no. 9532, QS an-Nahl: 72, QS ash-Shura: 12, QS at-Taghabun: 11.

ANALISA HUKUM HAJI BAGI WANITA YANG DALAM MASA IDDAH MENURUT IMAM HANAFI Citra Apriliana Sari, Ananda
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Abstract Hajj is the dream of every muslim, even more so if a muslim has met the obligatory requirements for Hajj. Someone who has met the requirements of the hajj is obliged to carry out the service, therefore every year this pilgrimage has increased drastically which results in a prospective pilgrim having to be patient waiting in line for the hajj departure. From this, problem arise especially for a woman, one of which is the iddah period, a woman who is currently carrying out thee iddah period is stil allowed to perform the haj pilgrimage or has to postpone her departure until she finishes her iddah period. The question of whether or not the implementation of hajj for a woman who is in the period of iddah because she ws divorced or leftt ded by her husband is still disputed among the scholars. Some scholars alllow and give relief to perform hajj, and some do not allow for the reason that during the iddah time a woman must remain in her iddah house. Therefore this article was made to know the law of performing hajj for women in the period of iddah according to imam hanafi to resume. Keyword : Mandatory hajj requirements, the iddah period, the law of the hajj Abstrak Ibadah haji merupakan dambaan setiap muslim, terlebih lagi jika seorang muslim tersebut sudah memenuhi syarat wajib haji. Seseorang yang sudah memenuhi syarat haji diwajibkan untuk menjalankan ibadah tersebut, maka dari itu setiap tahun ke tahun ibadah haji ini mengalami kenaikan secara drastis yang mengakibatkan seorang calon jamaah haji harus bersabar menunggu antrian pemberangkatan haji. Dari hal ini muncul permasalahan khususnya pada seorang perempuan, salah satunya yaitu masa iddah, perempuan yang sedang menjalankan masa iddah tetap diperbolehkan melaksanakan ibadah haji atau harus ditunda keberangkatannya hingga ia selesai dari masa iddah nya. Persoalan boleh tidaknya pelaksanaan haji bagi seorang wanita yang sedang dalam masa iddah karena ditalak maupun ditinggal mati suaminya ini masih diperselisihkan diantara para ulama. Sebagian ulama membolehkan dan memberi keringanan untuk tetap melaksanakan ibadah haji, dan sebagiannya lagi tidak membolehkan dengan alasan dalam masa iddah seorang wanita harus tetap berada di rumah iddah nya. Oleh karena itu, artikel ini dibuat untuk mengetahui Hukum Pelaksanaan Haji bagi Wanita dalam Masa Iddah menurut Imam Hanafi. Kata Kunci: Syarat Wajib Haji, Masa Iddah, Hukum Haji.

PENGADAAN WALIMATUL â€˜URSY DI MASA PANDEMI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM NEGARA Nur Azizah, Alfinna Ikke
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Walimatul 'ursy is a wedding party, this walimatul' ursy aims to inform the public that wedding activities will be carried out. In the invited walimatul â€˜ursy, usually the family of both parties of the bride and groom, neighbors and closest friends. However, this year we are being tested by the one and only God, Allah SWT., With the presence of the coronavirus. This virus has an impact on the fields of education, economy, health and the practice of worship. One of the impacts on the implementation of worship is on the issue of marriage, many people are confused about whether to hold walimatul â€˜ursy / wedding party or not. Therefore, the writer feels the need to study and examine the current conditions regarding the implementation of walimatul 'ursy. The method used in this research is a qualitative method. The results of this study are as follows, according to Islamic law walimatul â€˜ursy during a pandemic should not be done because it is to prevent congestion or damage based on the rules of ushul fiqh which means "to refuse damage must take precedence over bringing benefit". Meanwhile, according to State law it is allowed to adhere to health protocols.

Melacak jejak politik persebaran islam antara Elit kerajaan Majapahit dan Wali Sanga: (Konsolidasi hukum islam di Jawa) Ke -2 Ridwan, Nur Khalik
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Islamic law is applied in all places where Muslims are to apply the teachings of Islam from the Qurâ€™an and sunnah, as well as the qaul-qaul of scholars in ijma and qiyas. Its application in each place is always related to the political law of power and the situation in which the region is located, as well as the existence of deliberations and political law of power between the scholars and rulers. Especially in Javanese society, this is clearly seen, how the aristocratic elite and scholars play a role, so that the political pattern of power law among Javanese Muslims has its dimensions because there is a local dialectic, prakrassa ulama and aristocratic elite. This article would like to see the political law of power carried out by scholars and aristocratic elites in Java in the early days, as a reflection for the development of the cultural Islamic movement in Java, while still referring to Islamic law which, within certain limits must be applied flexible, in addition to the question of elementary laws, such as prayer, fasting, and pilgrimage. Therefore, this article would like to trace: the politics of the spread of Islam in the application of Islamic law in Javanese society, the relationship of elite nobles and scholars who spread Islam in the early days, and the Islamic law culturally applied in Javanese society; and its relevance for the present.

PERNIKAHAN DI BAWAH UMUR PADA MASYARAKAT PESISIR MALANGKE Salik, Yunus
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

This article discusses early marriage in coastal communities. This study uses quality research. The phenomenon of underage marriage in North Luwu Regency is considered high in recent years. The reasons for early marriage occurring in North Luwu district are poverty and education which influence the occurrence of early marriage. Poverty is one of the causes of inability to access education and unemployment. Without education, there has been a paradigm shift and culture. Furthermore, the static paradigm is one of the reasons for the persistence of culture and customs, including culture and customs that are not prospective. The factors that cause the spouse to be underage because the prospective bride has become pregnant before marriage, is due to the weak economic condition of the community, due to the weak level of education of the community. This causes parents to prefer to marry off their children. The efforts taken by the Head of the Masamba Court, KUA, PPN Officers in minimizing the practice of underage marriage include PPN Officers also coordinating with PPN Assistant Officers who are scattered in each sub-district / village, coordination is carried out in relation to the VAT Assistance function which is the extension of VAT. PPN officers in minimizing the practice of underage marriage are by socializing the Marriage Law, especially regarding the age limit for a person to marry and the importance of registering marriage. The socialization process is carried out when giving wedding sermons and other religious events.

TRADISI PECOTAN DALAM PANDANGAN ILMU SOSIOLOGI DI PAITON PROBOLINGGO: Studi kritis sosiologis Alwi, Bashori
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

The invite tradition in some areas, including in Karang Anom is very interesting to be discussed, because in addition to the people who organize a walimah event giving invitations, they also include goods in the form of cigarettes / soap in the invitation. This tradition is known as pecotan tradition. It is very interesting to discuss in the repertoire of scholars today. Because pecotan tradition indirectly 'forcing' the recipient to bring a reply in the form of money while attending a walimah event. Sociolgi view it as a social fact that occurs in society especially coral society Karang Anom, pecotan not just ordinary tradition, but it is inheritance of ancestor which is difficult to be abandoned, although impressed for some people, but on the other side there is high social value that is existence of mutual help helping people around the community.

AKIBAT HUKUM DAN DAMPAK PSIKOLOGIS PERKAWINAN SIRI BAGI PEREMPUAN DAN ANAK-ANAKNYA: Kajian Teoretis Menurut Undang-Undang dan KHI Rudy Catur Rohman; Muhammad Maddarik
MAQASHID Vol. 3 No. 2 (2020): Nov 2020
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Marriage is the gate of life that is usually passed by mankind in carrying out life as husband and wife. That Allah SWT. create something with pairs, male and female, male and female animals, day and night, and so on. The practice of siri marriage is still a lot to this day. In fact, unregistered marriage has a very detrimental impact on women and their children. A siri marriage or what is known by various other terms such as 'married under the hands', 'kawin siri' or 'nikah siri', is a marriage that is carried out based on religious rules or customs and is not registered at the office of a marriage registrar (KUA for those who are Muslims, Civil Registry Office for non-Muslims). Even though it is legal according to religion, marriage under the hand has no legal protection. So that it has legal consequences both legally and positively in Indonesia and has a psychological impact on several parties, especially women / wives and their children.

MEMAAFKAN UNTUK PENYELESAIAN KEJAHATAN MASA LALU: : Analisis Konseptual Perspektif Islam Siti A'isyah
MAQASHID Jurnal Hukum Islam Vol. 4 No. 1 (2021): Mei 2021
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

There are two points by which the theme above becomes necessary, first, the urgency of concerning the topic of holding past crime. Second, concerning the concept of forgiveness in accordance with Islamic doctrine. Forgiveness in Islam is firmly accounted, and even regarded as more honorable than retaliation, in holding past crime. Seeing it through maqsid al-syari’ah (the main goal of Islamic law) or mashlahah, and considering Allah’s right (public’s right) and human’s right (personal right), past crime against humanity is against mashlahah, namely mashlahah dlarury; hifz al-nafs. In fiqh, such a crime is included in qisas in which the perpetrator violates both Allah’s right and human’s right. When the victim forgives him, he is free from the responsibility over the personal right but not the public’s one. To fulfill the latest responsibilty, there are three duties to be done; uncovering the historical truth, confession as well as guarantee of non-recurrence in the future.

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Muhammad Yusqi

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Jawa timur

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Yusqi

Contact Email jurnalmaqashid@gmail.com

Phone +6285646452588

Journal Mail Official yuski@alqolam.ac.id

Editorial Address Jl Raya, Dusun Baron, Putat Lor, Kec. Gondanglegi, Kabupaten Malang, Jawa Timur 65174

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Yusqi

Contact Email
jurnalmaqashid@gmail.com

Phone
+6285646452588

Journal Mail Official
yuski@alqolam.ac.id

Editorial Address
Jl Raya, Dusun Baron, Putat Lor, Kec. Gondanglegi, Kabupaten Malang, Jawa Timur 65174

Location
Kota malang,

Jawa timur

INDONESIA