Academic literature on the topic 'Istinbath Method'

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Journal articles on the topic "Istinbath Method"

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Fakhrurrazi, R. "Examining The Istinbath Method On Jarimah Qadzaf In Qanun Jinayat Aceh." Proceeding of International Conference of Religion, Health, Education, Science and Technology 1, no. 1 (2024): 284–96. https://doi.org/10.35316/icorhestech.v1i1.5646.

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Every Islamic legal product is produced through what is called legal reasoning (istinbath). This research is an effort to find out and examine the istinbath method used in compiling the Aceh Qanun Jinayat, especially regarding qadzaf (criminal acts). The study of the jarimah is limited to four variant objects, namely definition, perpetrator, and uqubat. This research includes applicable approaches that are considered effective include five types of approaches; legislative approach (statute approach), historical approach (historical approach), sociological approach (sociological approach), phil
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Eril, Fadli, Andi Muh Taqiyuddin BN, and Fadly. "Metode Ahlu Ro’yi dan Ahlu Hadis dalam Menetapkan Hukum." Ethics and Law Journal: Business and Notary 1, no. 3 (2023): 40–49. http://dx.doi.org/10.61292/eljbn.v1i3.53.

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This research aims to reveal the history of the ahlu ro'yi and ahlu hadith priests and reveal the legal istinbath methods of ahlu ro'yi and ahlu hadith. This research is qualitative, and the type of research is library research. The data collection method used is a literature study. The research results show that; 1) Imam ahlu Ro'yi is Imam Abu Hanifah and Imam Ahlu Hadith is Imam Malik bin Anas with a different style of life, including his educational history, which influenced the Istinbath method between ahlu ro'yi and ahlu hadith. 2) The method of istinbath ahlu ro'yi is to take ascent by u
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Imran, Suwitno Yutye, Apripari Apripari, Ade Sathya Sanathana Ishwara, Erifendi Churniawan, Aristama Mega Jaya, and Nurikah Nurikah. "Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions." Pena Justisia: Media Komunikasi dan Kajian Hukum 22, no. 3 (2024): 640. http://dx.doi.org/10.31941/pj.v22i3.3319.

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<em><span>the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application
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Marisa Rizki, Moh Bahrudin, and Syamsul Hilal. "Istinbath Maslahah Mursalah Method in Economics." Al-Fadilah: Islamic Economics Journal 2, no. 2 (2024): 120–36. https://doi.org/10.61166/fadilah.v2i2.46.

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. The Maslahah Mursalah istinbath method is an Islamic legal approach used to determine rulings on issues not explicitly addressed in the Qur'an and Hadith. In the field of economics, this method aims to establish policies that promote public welfare (Maslahah) and prevent harm (mudarat), in alignment with Sharia principles. This study seeks to understand the application of this method in economic contexts by identifying problems, analyzing benefits and harms, and formulating relevant solutions. The findings indicate that the Maslahah Mursalah method is effective in providing contextual and ad
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Abidin, Abidin. "METODE ISTINBÃT DALAM HUKUM ISLAM." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 12, no. 2 (2018): 297–319. http://dx.doi.org/10.24239/blc.v12i2.372.

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 This article deals with the use of nas to social fact, whether the social fact supprteed by nas of qur’an or of hadisclearly (the nas is zann al- wurud and zann al-dalalah) only, or is not supported by nas at all. When the social fact is supported by clear nas, then the law will be directly decided, and when the social fact is not supported by unclear nas, the will be conducted through the method of language and meaning istinbath. In the mean time, when the social fact is not supported by nas at all, then the istinbat will be conducted through the method of meaning istinba
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Fikri, Yudistia Teguh Ali, Ida Abdul Gopar, Esty Faatinisa, and Mochamad Faizal Almaududi Azis Dachlan. "MENGENAL METODE ISTINBATH HUKUM MAJELIS TARJIH MUHAMMADIYAH." FASTABIQ: JURNAL STUDI ISLAM 3, no. 2 (2022): 94–103. http://dx.doi.org/10.47281/fas.v3i2.120.

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This article introduces the legal istinbath method of the tarjih muhammadiyah council. The tarjih council was born in the decision of the Pekalongan congress in 1927 the function to consider and resolve all problems that arise is debated by Muhammadiyah people to know the opinion chosen because it is bold and its postulates based on the Qur'an and As-Sunnah. This article aims to find out how the istinbath method used by Muhammadiyah in establishing law, using a qualitative approach, by adding data from secondary data sources, previous research, or existing data in organizations or agencies. Th
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Syafuri, H. B. "Epistemologi Hukum Fatwa MUI Kabupaten Lebak tentang Berboncengan dengan Selain Muhrim." AHKAM : Jurnal Ilmu Syariah 16, no. 2 (2016): 213–22. http://dx.doi.org/10.15408/ajis.v16i2.4451.

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The Legal Epistemology of Fatwa of MUI Lebak about Getting a Ride (Berboncengan) with Non- Mahram. The method of Islamic lawmaking (istinbath) is the study of the basic sources and the methods of Mujtahids to produce Islamic law, either by using words (lafzh) or meaning approach. Istinbath method with lafzh approach is by searching statement (nash) in the Qur’an and Hadith and using rules of ushûliyyah. On the other hand, istinbath method with meaning approach is by searching legal purposes (maqasid al-shari’ah) and using qiyas. Riding together between men and women not mahram in Islam accordi
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Muh. Aqsho Che Athoriq. R, Ferdiansa Putra, Rangga Mahesa, and Kurniati Kurniati. "Istinbath Hukum Imam Syafi’i dalam Pemecahan Kasus Pelecehan Seksual di Indonesia." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2, no. 3 (2024): 384–97. http://dx.doi.org/10.55606/birokrasi.v2i3.1385.

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This study examines the legal istinbath method applied by Imam Syafi'i, especially in the context of solving sexual harassment cases in Indonesia. Legal identity, which etymologically means the excavation of law by deep reasoning, is used to determine the law in matters that are not directly regulated by the Qur'an and Hadith. Imam Shafi'i, through his major works such as "Al-Umm" and "Al-Risalah," explains the basic principles and methodologies used to establish the law by incorporating the main sources of Islamic law, namely the Qur'an, Hadith, Ijma', and Qiyas. This study uses a qualitative
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Nasution, Yasir, Pagar Pagar, and Abdullah Abdullah. "Implementation of the Legal Istinbath Method of LBM Mudi Mesra Samalanga." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, no. 3 (2020): 2287–97. http://dx.doi.org/10.33258/birci.v3i3.1173.

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Istinbath of law which is able to abstract the thoughts of previous scholars and place them according to portions and proposals. On the other hand, various fatwa institutions have also emerged, but the results are very irrelevant and not adaptive to the environment, the ilhaq al-masail bi nadhairiha method was born as one of the methods of legal istinbath carried out by LBM MUDI Mesjid Raya Samalanga. The ilhaq al-masail bi nadhairiha method is not just the result of the thoughts of the LBM board and expert council, but this method is reconstructed from a solid foundation. The basic argumentat
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Saoki, Saoki. "Metode Istinbath Hazairin Tentang Hukum Waris." AL-HUKAMA 5, no. 1 (2024): 123–47. https://doi.org/10.15642/al-hukama.2015.5.1.123-147.

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This study focuses to answer the two fundamental questions. First, how is the legal reasoning method used by Hazarin in classifying heirs? and how is the contribution of Hazarin in the Islamic law renewal in Indonesia? This study uses a legal reasoning approach of Islamic law. Through this approach, it can be seen the methodology of legal reasoning used by Hazairin. The study concludes that the legal reasoning method which is used by Hazarin in classifying heirs: first, there is a tendency to use the principles of the legal maxim. They are the bayani and ta'lili method; second, the contributio
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Book chapters on the topic "Istinbath Method"

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Bains, Sheikh Ricky, and Sheikh Faizal Ahmad Manjoo. "Impact of the Shift from Real Economy Toward the Financial Economy in Deriving New Rules (IstinbĀt) in Mu'amalĀt." In Teaching and Research Methods for Islamic Economics and Finance. Routledge, 2022. http://dx.doi.org/10.4324/9781003252764-9.

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