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Syariah: Journal of Fiqh Studies
Published by Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo
ISSN : 30253373     EISSN : 30250161     DOI : https://doi.org/10.61570/syariah.v1i2.31
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
is a open access journal published biannually in June and December by Mahad Aly Lirboyo The journal covers discussions on Product of Fiqh Law Analysis of Fatwa Fiqhiyyah Fiqh Contextualization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Egalitarianisme Muslim Dan Nonmuslim Dalam Kitab Al-Musāwah Al-Insāniyyah Karya ‘Ali Jum’ah Muhammad Fajrul Falah
Syariah: Journal of Fiqh Studies Vol 1 No 1 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i1.10

Abstract

The relationship between non-Muslims and their status in the Muslim community, according to Islamic law, it is a topic that has been discussed for a long time. The development of human civilization brought about the ideas of Muslim and non-Muslim egalitarianism. However, in the classical jurisprudence literature, non-Muslims have always been positioned as second-class people in Muslim societies. One of the modern ulama who contributed to this discourse is 'Ali Jum'ah. His capacity as someone who has served as Grand Mufti in Egypt makes his thoughts urgent to study. For this reason, this study aims to analyze the thoughts of 'Ali Jum about Muslim and non-Muslim egalitarianism in his book Al-Musāwāh Al-Insāniyyah Fī Al-Islām Bayna An-Na ariyyah wa At-Taṭbīq. To achieve these objectives, the method used in this research is content analysis, which is classified as a qualitative method that uses descriptive analytics. As a result, 'Ali Jum'ah's thoughts on Muslim and non-Muslim egalitarianism in that book have an aqliy and naqliy basis, and contain four main principles; justice (al-‘adālah), tolerance (at-tasāmuḥ), brotherhood (al-ukhuwwah), and freedom (al-ḥurriyah). Meanwhile, its scope covers only the rights and obligations of a human nature. In the book, 'Ali Jum’ also provides several forms of contextualization of Muslim and non-Muslim egalitarianism. Some of the ideas of 'Ali Jum'ah in the book also confront the fiqh theories written by the majority of Shafi’i madhab fuqahā.’ Thus, some of his ideas contradict these theorie.
BELA NEGARA PERSPEKTIF ‘ALI JUM’AH (STUDI KITAB AMNU AL-MUJTAMA’ WA ISTIQRĀRUHU MIN MANẒŪRIN ISLĀMIYYIN) Abdurrohiem Masruhin
Syariah: Journal of Fiqh Studies Vol 1 No 1 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i1.13

Abstract

The nationalism, which is directly proportional to the act of defending the country, is degraded for many years. In addition, there are efforts to place the interests of religion and the state in a vis a vis position. One of the modern ulama who provides a counternarrative on this issue is 'Ali Jum'ah. His capacity as someone who has served as Grand Mufti in Egypt makes his thoughts has an urgency to study For this reason, the study aims to analyze 'Ali Jum'ah's thoughts about defending the country in his book, Amnu Al-Mujtama' Wa Istiqrāruhū Min Manẓūrin Islāmiyyin. To achieve these objectives, the method used in this research is content analysis and is classified as a qualitative method whose use a descriptive analytics.. As a result, defending the country in the perspective of 'Ali Jum'ah based on the ideas in that book is all actions and efforts that integrate the political, social, civilization, economic, military and environmental and and contain four main principles justice (al-‘adalah), freedom (al-hurriyah), egalitarianism (al-musawah) and love (ar-rahmah). In the book, 'Ali Jum'ah also provides several models for contextualization of defending the country, the Makkah model, the Ethiopian model, the Medina model at the beginning of the hijrah period, and the Medina model at the end of the Prophet Muhammad's life.
ANALISIS AMAR MAKRUF NAHI MUNGKAR DALAM HR MUSLIM:78 PERSPEKTIF AL-GHAZALI Farah Faida; Alfanul Makky
Syariah: Journal of Fiqh Studies Vol 1 No 1 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i1.15

Abstract

Amar makruf nahi mungkar is obligated to teach Islam. Al-Ghazali is one of the Islamic salaf scholars who conceptualized amar makruf nahi munkar in exact details. For this reason, this study was aimed to describe Al-Ghazali's point of view regarding amar makruf nahi mungkar in the book of Ihyā’ī ‘Ulūm Ad-Dīn, especially regarding the stages of amar makruf nahi mungkar and the concept of its formulation by looking at the substance of Hadith narrated by Muslim: 78. This study was conducted using a library research method using a qualitative approach. The result showed that Al-Ghazali had his view that amar makruf and nahi munkar are actually one term with the same object and the same goal. Amar makruf nahi mungkar had also three ethics to be fulfilled i.e. knowledge, wara', and ḥusn al-khulq. Al-Ghazali had also owned a concept about the stages of amar makruf nahi mungkar that are in accordance with fiqh rules. This concept does not conflict with the content of the hadith narrated by Muslim: 78.
Hukuman Mati Bagi Murtad Perspektif Syekh Ali Jum'ah M. Sholahuddin Al Ayyubi; Try Heni Aprilia
Syariah: Journal of Fiqh Studies Vol 1 No 1 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i1.17

Abstract

The existence of Islam as a religion, clean from all forms of coercion, including embracing religion, is shaken by the concept of fiqh, which punishes death for apostasy. In addition, the law is claimed to be part of the ijma 'ulama. This journal attempts to unravel the death penalty polemic using Shaykh Ali Jumah’s approach. The research model used in this study is based on a qualitative literature review. The results of this study indicate that the death penalty for apostasy is not based on a person's attitude toward choosing to leave Islam. However, other attitudes carry the consequences of death, such as ḥirabah (fighting Muslims) and/or the betrayal of Islam (mufāriq lil jamā'ah). In this case, the claim of ijma deserves to be doubted if one sees a motive for leaving Islam simply because of disbelief. This was because the two procedures were performed by Rasulullah SAW. ever ordered his companions to kill the perpetrators of apostasy, not solely for the motives of kufr. Instead, there is a form of betrayal. In addition, ijma’s claim regarding the consequences of death for apostates is strongly suspected to apply the pattern of saddan li al-dzariah or saddan li al-bab. This is meant to close the door to the opportunity for religion to be harmed by apostates.
PARTISIPASI POLITIK PEREMPUAN (STUDI KRITIS TERHADAP HAK KARIR POLITIK PEREMPUAN PERSPEKTIF WAḤBAH AZ-ZUḤAILĪ) Muhammad Intiha'ul Fudhola'
Syariah: Journal of Fiqh Studies Vol 1 No 1 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i1.19

Abstract

Long before talking about women in politics, the lives of women in various major civilizations of the world were very sad. Although on the other hand, accusations against the teachings of Islam that are considered to discriminate against women are endlessly thrown by orientalist groups. However, the facts show differently. Islam is the first religion to elevate the dignity of women. Based on these reasons, this study aims to reveal how Islam actually views political rights for women, especially Waḥbah az-Zuḥailī's perspective. This research uses a qualitative descriptive-analytic method. The main studies in this research are the books Qaḍāyā al-Fiqhi Wa al-Fikr al-Mu'āshir, al-Fiqh al-Islāmī wa Adillatuhu and Tafsīr Munīr. The results show that there are weaknesses in the arguments brought by Waḥbah az-Zuḥailī in ruling on women as the highest leader of the state. However, under certain conditions Waḥbah az-Zuḥailī still legalizes women's participation in politics and equalizes women's political position with men. There are two political activities that according to Waḥbah az-Zuḥailī are legal, among others: First, the right of women to choose leaders. Second, women's participation as members of parliament.
Fiqh Ekologi; Upaya Merawat Lingkungan Hidup Berbasis Konsep Maqashid Syariah Ali Mutakin; Waheeda binti H. Abdul Rahman
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.31

Abstract

Climate change and environmental damage are global issues that affect all humans on earth. Therefore, all levels of society, including Islamic scholars and thinkers, have an obligation to contribute to maintaining the environment to remain sustainable and sustainable. Ecological jurisprudence is a concept of how Islamic teachings can be applied in an effort to protect the environment through an approach based on the concept of maslahat as the core of sharia maqashid. Maslahat (benefit) is one of the important principles in jurisprudence that refers to the noble goal to be achieved in the teachings of this religion, namely the survival of a just, harmonious, and just life. Therefore, the purpose of this study is to analyze how the concept of ecological jurisprudence is applied in order to care for the mashlahat-based environment. To achieve this goal, the method used is the library reseach method using a qualitative approach. The collected data was analyzed using concepts offered by Milles and Huberman, namely data reduction, data presentation and conclusion/verification. The conclusion is that Ecological jurisprudence is a new breakthrough in answering the problem of sustainability and environmental law, so the formulation of the concept of mashlahah is important to build sustainable views and actions on the environment, so as to create a balance of the environment and nature, and ensure long-term benefits for all of God's creation. The concept of mashlahah as the core of maqashid sharia refers to all forms of goodness that have worldly and ukhrawi dimensions, material and spiritual as well as individual and collective.
PENGUASAAN NEGARA TERHADAP SUMBER DAYA DALAM PANDANGAN ISLAM Muhammad Ibrohim; Muhammad Athoillah
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.34

Abstract

The Right to Control the State (HMN) as stated in Article 33 of the 1945 Constitution is the juridical basis that regulates state power over natural and artificial resources. Through this research, the author describes the views of Salaf Islamic boarding school literature on the use of state resources and HMN to explore their conformity with Islamic teachings. This research method uses library research with a deductive approach. As a result of this research, the author concluded that in the view of Salaf Islamic boarding school literature, state resources are a blessing from Allah SWT. give it to all the people. This favor must be used to realize the common good and must not be monopolized. In the view of Salaf Islamic boarding school literature, HMN is also considered a manifestation of the government's obligation to manage state resources to create benefits for all people. Based on this conclusion, the assumption that HMN violates Islamic teachings is incorrect. However, the government must always strive for the benefit of managing state resources, including delegating its power to the private sector.
Delik Samen Leven Dalam KUHP Baru Perspektif Fikih Syauqi Multazam; M. Mujab
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.35

Abstract

The creation of the law on the offense of the samen leven (cohabitation) in the new Criminal Code has reaped the pros and cons of society. Some support it, while others reject it on the grounds that the government is taking too much care of its citizens' privacy rights. Through this writing, the author wishes to analyze the creation of cohabitation offense laws from an Islamic perspective using a tool called fiqh. The research method used in this study was library research. The primary arguments in formulating Islamic views through this research are (1) Al-Qur'an, (2) Al-Hadith, (3) rules of jurisprudence and (4) at-turāṡ (yellow book). These primary postulates were then managed using a tafsīr (interpretation) approach to formulate the final conclusion. As a result of this research, the author found that from an Islamic perspective, the adoption of cohabitation as a law is in line with Islamic norms. However, jurisprudence does not necessarily agree with the content of articles of the law on cohabitation. Some articles are not in accordance with Islamic values. Therefore, in this case, the governent has an obligation to improve the content of the Samen Leven (cohabitation) Law.
DOKTRIN JIHAD QITALI PERSPEKTIF SA’ĪD RAMAḌĀN AL-BŪṬI Muhammad Aminullah; Rif'an Haqiqi
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.36

Abstract

The discourse on jihad, as conceptualized in Islamic law, is still often misunderstood by many groups. Their justification for jihad is often used to cast doubt on Islam's compatibility with the norms of modern international law, as stated in the UN Charter. Therefore, a true reinterpretation of Jihad is necessary to contextualize friendly Islamic law. This research is included in library research research by looking at Sa'īd Ramaḍān al-Būṭi's interpretation as a paradigm. The research stages included source collection, source classification, source analysis, and source interpretation. The results of this research can be concluded that: jihad qitāli is part of Islamic da'wah which functions as a defensive measure against enemy aggression (ḥirābah). According to Sa'īd Ramaḍān al-Būṭi, the verses of the Qur'an and hadith that came down during the Medina period cannot be interpreted as orders for offensive aggression (hujūmi). This is because the indications of attacks by the enemy were clearly visible to Rasulullah SAW. Therefore, Sa'īd Ramaḍān al-Būṭi rejected the offers of mufassirin, who interpreted the verses of the Medina period and hadiths in that period as a basis for legitimizing that kufr was the only reason for the order to fight non-Muslims.
Analisis Problematika Akad Nikah Virtual Perspektif Empat Mazhab Mohammad Rafli; A. Zaeini Misbaahuddin Asyuari
Syariah: Journal of Fiqh Studies Vol 1 No 2 (2023): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v1i2.37

Abstract

Digitalization has changed many aspects of human life, including marriage. The purpose of this study is to analyze the problems of virtual marriage practice according to the views of four schools. This research uses the library research method through a normative legal approach (Islamic law).  The results of this study are as follows: (1) Connectivity imbalance causes loss of ijab and kabul networks. The Hanafiyyah and Hanbaliyyah schools considered the marriage contract valid, the Shafi'iyyah and Malikiyyah schools invalid. (2) The occurrence of speculative elements that cause one of the brides-to-be not to meet the requirements, scholars of the four schools of thought agree that the marriage contract is invalid. (3) The loss of audio from one or both parties that causes the witness and the contractor to be unable to hear each other. According to the three schools (Hanafiyyah, Shafi'iyyah, and Hanbaliyyah), the marriage contract is invalid. According to the Malikiyyah school, the law is valid. (4) Visual loss (image) that causes the witness to be unable to see the party performing the contract. According to the Hanafi school, Hanbaliyyah and Malikiyyah marriage contracts are valid. At the Shafi'iyyah School, the contract is invalid. (5) Regulations issued by the Ministry of Religion regarding the impermissibility of virtual marriage contracts, if the marriage contract has met the requirements and harmony, the validity of the marriage contract is not affected by regulations set by the government.

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