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Journal articles on the topic 'Istinbath Method'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

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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9

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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Asa’ari, Asa’ari, Zufriani Zufriani, Arzam Arzam, and Doli Witro. "Urgensi Pemahaman Terhadap Maqashid Al-Syari’ah dan Perubahan Sosial dalam Istinbath Al-Ahkam." De Jure: Jurnal Hukum dan Syar'iah 13, no. 2 (2021): 222–39. http://dx.doi.org/10.18860/j-fsh.v13i2.13818.

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Abstract: Maqasid sharia is still one of the exciting study themes to be studied. Because of its development, the study of maqasid discourse is still in an effort to find the ideal form of the conceptual formulation. For this reason, this study will review the correlation between the understanding of maqasid sharia and social change as a necessity in an effort to do istinbath al-ahkam. This article uses a qualitative research method that uses authoritative references as primary sources and scientific publications as secondary sources of references which are then analyzed using descriptive-anal

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12

Prahasti Suyaman. "Maslahah Mursalah sebagai Salah Satu Metode Istinbath." KRTHA BHAYANGKARA 18, no. 2 (2025): 417–29. https://doi.org/10.31599/krtha.v18i2.2692.

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The development of human life always produces new things, for Muslims these new things require legal clarity. Many of the legal needs of Muslims are not listed directly in the main sources of law, namely the Quran and hadith, so ijtihad is required to complete them. There are several ijtihad methods that can be used and known by the majority of scholars and one of them is maslahah mursalah. This article will discuss the legal basis of maslahah, various types of maslahah, the views of scholars who are pros and cons to maslahah mursalah, and the hujjah of maslahah mursalah. Maslahah mursalah as

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13

Kusmidi, Henderi. "EKSISTENSI ISTIHSAN SEBAGAI DALIL ISTINBATH FIQH SIYASAH." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 6, no. 2 (2021): 157. http://dx.doi.org/10.29300/imr.v6i2.2594.

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This study aims to comprehensively describe the existence of istihsan in siyasa fiqh. There are some scholars who reject the existence of istihsan as one of the methods of istinbathul ahkam, this group believes that the use of istihsan in istinbathul ahkam is not valid, especially in matters of fiqh siyasah. The reason for this refusal is based on the concern that the door of ijtihad will be opened based on mere lust. This happens because the istihsan method is not yet clearly standardized for its implementation. However, what actually happened in the field was not like that. Based on the rese

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14

Muhyiddin, Muh, Ibnu Chudzaifah, and Afroh Nailil Hikmah. "Dialektika Maqasid as-Syari’ah Dalam Metode Istinbath Hukum Islam." TASAMUH: Jurnal Studi Islam 13, no. 1 (2021): 83–100. http://dx.doi.org/10.47945/tasamuh.v13i1.381.

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Maqashid as-shari'ah is a new trend in the legal istinbath that is undergoing development in the contemporary era. The development of the method of extracting the source of contemporary Islamic law is now considered more promising as using maqashid as-sharia. As a scientific discipline that is the development of fiqh and fiqh rules, maqashid as-shari'ah is now widely studied by experts in Islamic law more deeply. Benefit as the essence of maqashid as-shari'ah, has urgency in determining Islamic law. Because Islamic law is revealed has the purpose and purpose to realize the benefit of the peopl

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15

Sufrizal, Sufrizal, Muhammad Alwin Abdillah, and M. Anzaikhan. "ANALYSIS TA'ZIR PUNISHMENT AND ISTINBATH LEGAL METHOD IMAM MALIK'S PERSPECTIVE." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 13, no. 2 (2023): 126. http://dx.doi.org/10.22373/dusturiyah.v13i2.19367.

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This study discusses the human ta'zir perspective of Imam Malik. Imam Malik argues that there is no minimum and maximum limit for uqubah / ta'zir punishment. It is well known in the Maliki madzhab, especially Imam Malik, that ta'zir punishment can exceed the limits of had punishment in some conditions and situations. Imam Malik once flogged a man who was found with a boy 400 lashes. Imam Malik's opinion is based on the actions of Umar bin Khatab r.a. where he flogged a man who faked Umar bin Khatab's ring to trick the baitul mal guard, with the aim of taking some of the baitul mal treasures. C

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16

Gusti Haitsam. "Sejarah Perkembangan DSN MUI dan Istinbath Hukum." Majelis: Jurnal Hukum Indonesia 2, no. 2 (2025): 72–82. https://doi.org/10.62383/majelis.v2i2.647.

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The Indonesian Ulema Council (MUI) has a very important role in providing religious and social guidance for Muslims in Indonesia. The history of the MUI began in 1975, with the aim of strengthening the unity of Muslims and issuing fatwas in accordance with Islamic teachings. Over time, the MUI has developed into a very influential institution in determining religious policies in Indonesia. One of the main commissions in the MUI is the Fatwa Commission, which is tasked with issuing fatwas related to current religious issues, especially in facing the challenges of the times and social problems t

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Syahir, Ahmad, Jalaluddin Jalaluddin, Fathurrahman Azhari, and Fahmi Hamdi. "Pendekatan Filosofis, Sosiologis, Dan Antropologis Dalam Penetapan Hukum Islam (Sebuah Pendekatan Sosial-Humanities)." Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory 2, no. 2 (2024): 958–74. http://dx.doi.org/10.62976/ijijel.v2i2.582.

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Abstract A classic issue that still raises debate is the adaptability of Islamic law. Scholars of Islamic law are required to broaden the approach in responding to problems in the community. Philosophy, sociology, and anthropology are considered appropriate to be used as an approach in determining the law. This research uses a library research method that aims to describe the determination of Islamic law through philosophical, sociological, and anthropological approaches. From this research, it is found that in the context of determining the law, the disciplines of sociology, philosophy, and a

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Agustang, Andi Muh Ishak, and Faza Achsan Baihaqi. "Rekonstruksi Tawassul Ghairu Masyru’ Perspektif Salafiyah Wahabiyah (Studi Analisis Kritis Kajian Ushul)." CBJIS: Cross-Border Journal of Islamic Studies 6, no. 2 (2024): 308–24. https://doi.org/10.37567/cbjis.v6i2.3454.

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This Research aim to analyze and critcisis masyru' from the perspective of Salafiyah Wahabiyah. The purpose of this study is to analyse the concept of tawassul Salafiyah Wahabiyah, criticise their istinbat method on tawassul ghairu masyru', and reconstruct this type of tawassul. This research is a qualitative library research. This research uses the ushul normative approach. The results of the research are as follows: First, the concept of tawassul from the perspective of Salafiyah Wahabiyah is divided into two, namely tawassul masyru' (permissible) and tawassul ghairu masyru' (not permissible

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Basri, Basri, and Fikri Hamdani. "Implikasi Perbedaan Qira'at dalam Istinbath Hukum." Farabi 17, no. 2 (2020): 163–79. http://dx.doi.org/10.30603/jf.v17i2.1868.

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This article discusses the differences in qiraat in terms of mut}laq and muqayyad which lead to differences in istinbat} Islamic law. Although qiraat is not the only basis for determining the law, it cannot be denied that the difference in qiraat has a major influence on the legal products which produced by the scholars. Using the descriptive-analytical method, this study discusses 3 verses in the Qur'an that have different qiraat which readings contain muqayyad on verses that are mut}laq, that, QS. al-Ba> qarah: 183-184 and QS. al-Ma>idah: 89 relating to the implementation of fasting, a

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20

R., Fakhrurrazi. "Jarimah Zina dan Pemerkosaan dalam Qanun Jinayat Aceh: Analisis Perumusan Metode Istinbath." Islam Universalia : International Journal of Islamic Studies and Social Sciences 1, no. 3 (2020): 400–433. https://doi.org/10.5281/zenodo.3672381.

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<strong>Adultery and Rape in Qanun Jinayat Aceh: Formulation Analysis of Istinbath Method</strong> <em><strong>Abstract</strong></em> <em>This research is an attempt to find out and formulate the method of such used in drafting Qanun Jinayat Aceh in particular about Jarimah (crime) zina and rape. The research on the two networks is limited to three variants, namely definitions, actors, and ‘uqubat. The theory used is the method of such lughawiyah, ta'liliyah, and istislahiyah. The lughawiyah method is reasoning against the evidence by resting on the meaning of harfiyah pronunciation.

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Yusrizal, Navis, Siti Hanna, and Muhammad Danial Haikal. "Carmine Colorants for Food and Cosmetic Products: Comparative Study of Indonesian and Jordanian Fatwas." Jurnal Hukum Islam 22, no. 2 (2024): 373–404. https://doi.org/10.28918/jhi.v22i2.05.

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The utilization of the istinbath method in determining the legal framework concerning the use of carmine dye in various fatwa institutions, including the Indonesian Ulema Council and Da'irah al-Ifta' Jordan, remains a subject of ongoing discourse and deliberation. This study compares the istinbath method for determining the carmine law between the Indonesian Ulema Council and Dairah al-Ifta’ Jordan and the istihalah process in manufacturing carmine dye. The research method uses normative juridical with a conceptual approach and comparative law. The findings of this study indicate that the Indo

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Risnandar, Cheppy. "PENGGUNAAN ISTINBATH INTIQA’I SEBAGAI ANALOGI HUKUM PENGELOLAAN ZAKAT PRODUKTIF DI KOPERASI KPRI SABILULUNGAN BANDUNG." Asy-Syari'ah 19, no. 2 (2019): 159–74. http://dx.doi.org/10.15575/as.v19i2.4348.

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AbstractYusuf al-Qaradawi with his various opinions has placed him as a contemporary fiqh expert, among others in the field of zakat. His opinions include the analogy of various business activities such as bonds and stocks into trade zakat. This paper aims to explain the implementation of the trade zakat at KPRI Sabilulungan, particularly regarding the legal basis used in determining mustahiq, the istinbath method, and how to channel it. The method used in this study is descriptive analytical, which qualitatively examines the opinions of Yusuf al-Qaradawi and observations at KPRI Sabilulungan

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23

Ikrom, Mohamad. "KIAI PESANTREN DAN PEMIKIRANNYA TENTANG NUSYUZ (STUDI KASUS DI KABUPATEN JEMBER)." HUMANIKA 17, no. 1 (2019): 36–54. http://dx.doi.org/10.21831/hum.v17i1.23122.

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Kiai Pesantren tidak sekadar guru. Ia juga menjadi tempat berkeluh kesah semuapersoalan masyarakat. Termasuk dalam masalah perkawinan. Termasuk dalampersoalan perkawinan. Salah satu persoalan itu adalah tentang nusyuz. Nusyuzseringkali ditimpakan pada seorang perempuan (istri) yang seringkali meninggalkanpersoalan relasi gender. Penelitian lapangan ini memotret pandangan Kiai Pesantren diJember Jawa Timur tentang nusyuz. Penelitian kualitatif ini menemukan bahwakefariatifan berfikir Kiaia dapat dilihat dari cara-cara mereka berpendapat yangkemudian oleh peneliti dianalisis dengan menggunakan m

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24

Muhamad Shadiq, Gusti, Jalaluddin Jalaluddin, Fathurrahman Azhari, and Fahmi Hamdi. "Telaah Metodologi Istinbath dan Corak Hukum Islam Lembaga-Lembaga Fatwa di Indonesia (LBMNU, Majelis Tarjih Muhammadiyah Dan Komisi Fatwa MUI)." Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory 2, no. 2 (2024): 684–99. http://dx.doi.org/10.62976/ijijel.v2i2.546.

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Abstract This study analyzes the istinbath methodology and the characteristics of Islamic law applied by fatwa institutions in Indonesia, namely Lajnah Bahtsul Masail Nahdhatul Ulama (LBMNU), Majelis Tarjih Muhammadiyah, and the Indonesian Ulama Council Fatwa Commission (MUI). Islamic law is a crucial aspect of Muslim life and continues to evolve through interactions with socio-cultural and political contexts. Islamic legal products are not only limited to fiqh books but also include scholars' fatwas, religious court decisions, and legislative regulations. This research examines how these inst

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Sopian, Asep. "Legal Istinbath Method of PERSIS in Modernism Spirit and Islamic Reformation." KARSA: Jurnal Sosial dan Budaya Keislaman 24, no. 1 (2016): 142. http://dx.doi.org/10.19105/karsa.v24i1.1002.

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Winarno, Winarno. "EKSISTENSI ISTIHSAN DALAM ISTINBATH HUKUM MENURUT PERSFEKTIF IMAM HANAFI." ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM 2, no. 2 (2017): 47–69. http://dx.doi.org/10.32923/asy.v2i2.676.

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In this case talked about concideration about Islam law development in it’s accelaration and this case appear in modern time. The Research in this journal is the exprolation of the real thing that have done by Imam Hanafi. This research is a library research by taking and collecting data from the literature that correlleted with problem and how to discuss. The data of this research is kwalitative data that correlated with Imam Hanafi’s think about Istihsan.The result of this research showed that, Istihsan method excistence. In law Istinbath that used by Imam Hanafi is developing from Qiyas Kho

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Paraga, Andi Wulanjiha Noer, Sukardi Paraga, Dinda Difia Madina, and Nur Julian Majid. "Pemikiran Hukum Islam Salafi-Wahabi dalam Pandangan Ulama Fikih Empat Mazhab." El-Faqih : Jurnal Pemikiran dan Hukum Islam 10, no. 2 (2024): 275–300. http://dx.doi.org/10.58401/faqih.v10i2.1370.

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This research aims to find out more deeply about the emergence of Salafi and its legal thinking, analyze how the istinbath method was used and how the views according to the scholars of fiqh 4 madzhab Researchers use descriptive qualitative research methods is a type of research that aims to gain an in-depth understanding of a particular phenomenon or topic. This research uses a library research model with reference sources through journal articles and books that explain the research theme. The results of this study indicate that there are factors that caused Salafi Islamic law to be revived,

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Hidayat, Rahmat. "AL-FUQAHA’ AL- SAB’AH; KEUNIKAN MANHAJ IJTIHAD DAN PENGARUHNYA TERHADAP THURUQ AL-ISTINBATH IMAM MALIK." Muqaranah 5, no. 2 (2021): 185–205. http://dx.doi.org/10.19109/muqaranah.v5i2.16934.

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This article discusses the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah and its influence on Imam Malik's thuruq al-istinbath. Al-fuqaha' al-sab'ah are seven scholars of the tabi'in period who are even considered the pioneers of the Ahlu Hadith Madrasa. However, it turns out that their manhaj ijtihad is somewhat different from most ahl al hadith scholars. How is the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah, and its influence on Imam Malik's thuruq al-istinbath becomes a research question in this paper. The results showed that al-fuqaha' al-sab'ah still does not leave the characte

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Muttaqin, Muhammad Ngizzul, and Iffatin Nur. "MENELUSURI JEJAK MAQASHID SYARI’AH DALAM ISTINBATH HUKUM IMAM HAMBALI." Ahkam: Jurnal Hukum Islam 7, no. 1 (2019): 143–68. http://dx.doi.org/10.21274/ahkam.2019.7.1.143-168.

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ABSTRACTTheoretically, Maqashid Shari’ah puts forward the concepts, objectives and adaptability of Islamic law from philosophical-ideological characteristic to an actual-empirical one. The problems discussed in maqashid shari'ah are always interesting and debatable to Muslim scholars as well as comman people. Therefore, reviewing and tracing the footsteps of maqashid syari’ah in Imam Hambali’s legal method of istimbath has a strategic value in honing intellectual acuity as well as making it as a parameter in formulating new laws on various increasingly complicated and crucial contemporary issu

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Sam, Zulfiah, Saadal Jannah, and Wahyuni Ishak. "Ilmu Nahwu dan Pengaruhnya Terhadap Istinbat Hukum Fikih." NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam 7, no. 1 (2021): 38–58. http://dx.doi.org/10.36701/nukhbah.v7i1.294.

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This research aimed to examine the metters surrounding the science of Nahwu in the form of understanding, the law of studying it and its virtue as seen from its position in syar’i science and its effect on the istinbaṭ of fiqh laws. The method used in this research was library research. The result of this study indicated that the sciences of Nahwu has major influence on the istinbath of laws related to fiqh issues, such as the differences between Syafi’iyah and Malikiyah on the problem of mandatory head sweeping when ablution, differences in Jumhur Ulama on the problem of how to purify the fee

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Mustatho', Mustatho'. "QIYAS VIS A VIS AD DALALAH (MENGUAK PENOLAKAN ABU MUHAMMAD TERHADAP QIYAS SEBAGAI SUMBER HUKUM ISLAM)." Al-Usroh : Jurnal Hukum Keluarga Islam 1, no. 02 (2023): 101–10. http://dx.doi.org/10.55799/alusroh.v1i02.300.

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In legal Istinbath, Abu Muhammad was known as a scholar who strictly adheres to the outward texts. Therefore, he has been critical of the clergy who give the role of ratio in determining the law. In his view, Islamic law originates from Allah SWT is determined by Allah clearly in the texts of the Qur'an and Sunnah, and is practiced by consensus by Muslims. The third source of law in Islam is Ijma'. Ijma itself has to rely on the texts because there is no Ijma' without relying on the texts. So Abu Muhammad stipulates that the three sources of law above are the mains references in carrying out l

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Syukri, Muhammad Hilmi, Nur Hidayat, and Khayyu Anggun Maharani. "Implementation of Hadith Contextual Approach in Legal Istinbath." AJIS: Academic Journal of Islamic Studies 8, no. 1 (2023): 172. http://dx.doi.org/10.29240/ajis.v8i1.6376.

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This research was conducted because mistakes often occur in taking legal istinbath when understanding a hadith.This study discusses how the legal istinbath of a hadith takes into account the socio-cultural conditions to whom the hadith is conveyed.This research uses the maktabiyah study method, in other words, to explore information that refers to books or literacy related to the discussion. The results of this research show thata law that will be implemented, must be considered not only textually but also contextually. A hadith sometimes applies permanently and continuously, and can change dy

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Purnomo, Joko Hadi, and Niswatin Nurul Hidayati. "LEGAL DYNAMICS OF BANK INTEREST FROM LAJNAH BAHTSUL MASĀIL NAHDLATUL ULAMA (NU) PERSPECTIVE." Qawãnïn: Journal of Economic Syaria Law 5, no. 1 (2021): 53–66. http://dx.doi.org/10.30762/qawanin.v5i1.3021.

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The debate on bank interest law has become an interesting topic for various parties to discuss. Among Nahdlatul Ulama Islamic scholars, bank interest law has been reviewed and debated in various Islamic boarding houses (pesantren). If the Islamic scholars have agreed on the prohibition of usury, but there is no agreement that ensures the bank interest law. Various differences continue with various arguments using the typical rules of the pesantren, called istinbath hukum. Nahdlatul Ulama. as one of the religious and social community organizations that has a majority of followers in Indonesia,

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Bakar, Alyasa Abu, and S. Sahman. "The Renewing of Usul al-Fiqh: Challenges, Limitations and Future Directions." Indonesian Journal of Islamic Economic Law 1, no. 2 (2024): 105–22. http://dx.doi.org/10.23917/ijoel.v1i2.5334.

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This research aims to explore and analyse the renewing of the usul fiqh method in Indonesia, which expands the sources of law and aligns the methods of interpretation of Islamic law. The research method used is a qualitative ap-proach involving data collection techniques through literature studies and analy-sis of classical and contemporary texts. The data analysis included descriptive and critical analyses of the legal sources of the Qur'an, Hadith and the practices of companions and istinbath methods. The findings of this research are that the classical usul fiqh method requires revision, es

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Abdullah, Abdullah, Pagar Pagar, and Ardiansyah Ardiansyah. "The Implementation of Legal Istinbath Results at LBM MUDI Mesjid Raya Samalanga." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 1485. http://dx.doi.org/10.31941/pj.v23i2.4792.

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<em><span lang="EN-US">This study explores the application of the LBM MUDI Mesjid Raya's legal istinbath results (jurisprudential reasoning) at Samalanga, focusing on their methods and approaches to legal decision-making. Employing phenomenological and sociological approaches, the research integrates qualitative field and library research to analyze legal phenomena within social and religious contexts. Key participants included the chairman and officials of Lajnah Bahtsul Masail (LBM), as well as scholars from Dayah Mudi Mesra Samalanga, Aceh. Data collection methods comprised in-d

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Nur Muhammad, Amirudin, and Rohmah Maulidia. "Posisi Perempuan Sebagai Wali Nikah: Metode Istinbath Hukum Khoiruddin Nasution." Journal of Economics, Law, and Humanities 2, no. 1 (2023): 1–16. http://dx.doi.org/10.21154/jelhum.v2i1.1155.

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The position of a woman in marriage must obtain the approval of a guardian, namely her father or half-father. This research results from library research using descriptive analysis method and utilizing Khoiruddin Nasution's Holistic Thematic legal istinbath method. The purpose of this study is to analyze how the law of women as guardians of marriage according to Khoiruddin Nasution, what is the method of legal istinbath regarding women as guardians of marriage according to Khoiruddin Nasution, how is the relevance of thinking about women as guardians of marriage according to Khoiruddin Nasutio

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Nijar, Ahmat. "Ahmatnijar: URGENSI PEMBAHARUAN DALAM IJTIHAD FIQH: TELAAH HISTORIS DAN MODEL IJTIHAD KONTEMPORER A." istinbath 17, no. 2 (2018): 259–77. http://dx.doi.org/10.20414/ijhi.v17i2.111.

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Abstract: The Prophet Muhammad SAW has already started the ijtihadpertice which is inspiring and do the regeneration to friend of the prophet. Ijtihad as an Islamic law developmend mover machine goes with full of dynamics and always needs touch of renewal. Ijtihad fiqh renewal deals with a great struggle to rebuild arrange, recover the directions, mind set, or religious practice which involve real directing all obilities (bazl al-wus’i) to get practical syar’i through istinbath in facing contemporary dynamic challenge. This renewal must a futuristic ijtihad fiqh proces, not turn to a pas

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R. Fakhrurrazi. "Jarimah Zina dan Pemerkosaan dalam Qanun Jinayat Aceh: Analisis Perumusan Metode Istinbath." Islam Universalia: International Journal of Islamic Studies and Social Sciences 1, no. 3 (2020): 400–433. http://dx.doi.org/10.56613/islam-universalia.v1i3.137.

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This research is an attempt to find out and formulate the method of such used in drafting Qanun Jinayat Aceh in particular about Jarimah (crime) zina and rape. The research on the two networks is limited to three variants, namely definitions, actors, and ‘uqubat. The theory used is the method of such lughawiyah, ta'liliyah, and istislahiyah. The lughawiyah method is reasoning against the evidence by resting on the meaning of harfiyah pronunciation. While the ta'liliyah method is a reasoning method that refers to ' Illat. While the method of Istislahiyah is reasoning that refers to the benefit.

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Mulyani, Sri. "SADD AL- DZARI’AT DAN KORELASINYA PADA PERMASALAHAN COVID-19 (SHAF DISTANCE)." SYARIAH: Journal of Islamic Law 2, no. 2 (2020): 1. http://dx.doi.org/10.22373/sy.v2i2.131.

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This study aims to examine one of the methods of ijtihad Sadd al-dzari'ah which is one of the methods of making legal decisions (istinbath al-Hukum) in Islam. Sadd al-dzari'ah is preventing everything that becomes a path of destruction. Therefore, if there is a good deed that will result in damage, then that good action should be prevented so that damage does not occur. Therefore the Sadd al-dzari'ah method is an offer that is flexible enough to deal with the problems that arise at this time. Therefore this study will discuss how Sadd al Dzari'ah's correlation on the Covid-19 problem, which fo

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Hidayatullah, Muhammad Syarif. "KONSTRUKSI BERPIKIR QIYAS SEBAGAI PENALARAN IJTIHAD DALAM INSTINBATH HUKUM EKONOMI DAN KEUANGAN SYARIAH." Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam 18, no. 2 (2020): 308. http://dx.doi.org/10.29062/arrisalah.v18i2.396.

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The development of a dynamic era produces many new products and cases that are present in the modern economy. Islamic law has set and provided restrictions on these issues concerning aspects of halal and haram. The Qiyas method is needed in legal studies to produce fiqh formulations in Islamic economic and financial law. This paper aims to explain the concept of qiyas as a method of istinbath Islamic law and then examine the application of qiyas in the discovery of Islamic economic and financial law. This type of research is normative legal research with a conceptual approach. Legal material i

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Tasliyah, Nihayatut. "Dewan Hisbah Sebagai Lembaga Otoritas Keagamaan PERSIS." Istidlal: Jurnal Ekonomi dan Hukum Islam 2, no. 1 (2018): 48–59. http://dx.doi.org/10.35316/istidlal.v2i1.119.

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PERSIS is an influential religious organization in Indonesia, as well as Nahdlatul Ulama (NU) and Muhammadiyah. The existence of such organizations is supported by the organizational units that are authorized to formulate religious instruction. The organizational unit is called Hisbah Council. This article described the Istinbath method and some of the decisions made by the Hisbah Board

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Putri, Yulita, Abid Nurhuda, Adelia Apriska Lira, Bunga Aurora, and Nur Muhammad Lathif. "REVISITING IMAM AHMAD BIN HANBAL’S BACKGROUND AND THOUGHTS." Tarbiyah Islamiyah: Jurnal Ilmiah Pendidikan Agama Islam 14, no. 1 (2024): 57–71. https://doi.org/10.18592/jtipai.v14i1.12091.

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Abstract Islamic law provides many methods for deciding a case, starting from the lafdziyah method to the makawiyah method carried out by four madzhab imams, one of whom is famous is Imam Ahmad Bin Hanbal. This research aims to describe the history of the life and thoughts of Imam Ahmad Bin Hanbal. The method used is qualitative with literature study techniques then descriptive analysis is carried out. The research results show that Imam Ahmad Bin Hanbal is a Sunni Islamic cleric from Baghdad, Iraq. His thinking tends towards literalism and conservatism in the interpretation of religion. This

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Makka, Misbahul Munir, Muhammad Saleh, Feraningsih Mamonto, Nasruddin Yusuf, and Naskur Bilalu. "Analysis of Inheritance Restrictions in Islamic Law: Slander in the Perspective of Qiyas Musawi and Legal Istinbath." Antmind Review: Journal of Sharia and Legal Ethics 1, no. 1 (2024): 1–11. https://doi.org/10.63077/66jg0f10.

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This study discusses slander in the context of inheritance according to Islamic law, especially in the context of inheritance restrictions from the perspective of Qiyas Musawi and Istinbath. The focus is on the issue of interfaith inheritance that is increasingly important in contemporary Islamic legal thought. The debate over the division of inheritance between non-Muslim heirs and the principles of traditional Islamic law is in the spotlight. This research uses an in-depth literature analysis method of relevant Islamic Legal sources to understand the views and solutions proposed by him. The

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Zahir, Adnin, Tutik Hamidah, and Aunur Rofiq. "METODE ISTINBATH HUKUM ABDUL QADIR HASSAN DALAM PERKARA SHALAT." Asy-Syari'ah 24, no. 1 (2022): 39–56. http://dx.doi.org/10.15575/as.v24i1.17515.

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Abstract: The Legal Istinbath Methodology has a very strong influence on the legal products issued. Not everyone is able to practice an Islamic law because that person is required to master various branches of science, all of which lead to a process of establishing a law. Abdul Qadir Hassan is one of the scholars of Persatuan Islam’s organization (PERSIS) who consistently refers to the Qur'an and as-Sunnah. This study aims to determine the flow of his legal Istinbath methodology in answering various problems especially in salat problem’s in the period 1958-1984. With this research, we can also

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Romli, Moh. "USHUL FIQH SEBAGAI KERANGKA BERPIKIR DALAM ISTINBATH HUKUM EKONOMI ISLAM." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 1, no. 2 (2019): 158–64. http://dx.doi.org/10.47467/alkharaj.v1i2.53.

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Abstract Studying the science of ushul fiqh in the traditions of Islamic campuses and pesantren is significant for the discovery and formation of Islamic economic law. Even ushul fiqh was made a compulsory subject that must be mastered by Islamic economic law experts today. However, studying ushul fiqh on campus and Islamic boarding schools is trapped in a conservative paradigm, where studying ushul fiqh is limited to something that is consumptive, read and memorized, without contextualization and application. In fact, ushul fiqh must be presented in the midst of Islamic economic in a lo

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Asman, Asman. "Comparative Analysis of the Istinbath Methods of the Shafi'i and Hanafi Schools Regarding the Role of the Wali Mujbir in Marriage Law." Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum 9, no. 1 (2024): 29–46. http://dx.doi.org/10.22515/alahkam.v9i1.9447.

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This study provides an understanding of the differences in the istinbath methods of the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The right of a mujbir guardian only applies to girls or widows who are still children because an adult woman is considered capable of determining her life partner without the need for the consent of a guardian. So that it can distinguish the methods of determining the law between the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The focus of this study is the difference between the istinbath method of

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Sudirman, Sudirman, Edi Gunawan, and Kasjim Salenda. "Method of law istinbath jama'ah al-Nadzir: determination of the beginning of the month of Ramadhan." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 19, no. 2 (2019): 259–70. http://dx.doi.org/10.18326/ijtihad.v19i2.259-270.

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The focus of this research is to reveal the method of istinbath jamaah al nadzir law in determining the beginning of the month. The method research is used descriptive with a qualitative approach. Data was collected by interview to the leadership of jamaah al-nadzir and jamaah al-nadzir society. Prophet bequeathed early determination method can be determined by methods rukyah (saw) and hizab (counting) months. The results showed that jamaah al-nadzir determine the beginning of the month with rukyah method (see) and hizab (counting) in contrast to a predetermined previous scholars. Leaders of j

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Yulianto, Y. "Hakikat, Epistimologi Islam, dan Strategi Istinbath Al Ahkam Fikih Arsitektur." SHAHIH: Journal of Islamicate Multidisciplinary 4, no. 2 (2019): 151–69. http://dx.doi.org/10.22515/shahih.v4i2.1867.

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Architectural Jurisprudence is an important study in Islamic architecture that has not been much developed. Therefore it is necessary to have an in-depth study related to the re-integration of Islamic jurisprudence and architectural science as a total implementation of Islam. This study focuses on the nature, Islamic epistemology, and strategy of istinbath al ahkam fiqh architecture. This literature study research utilizes Azab's thoughts (2012 & 1997), Murobith (2018), and Zarkani (2006) in examining the nature and strategy of istinbath al-ahkam architectural fiqh and using the reasoning

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Nurhadi, Nurhadi, and Laila Yumna. "MAQĀSID AL-SHARĪ’AH: Solusi Atas Problematika Kontemporer." Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat 8, no. 1 (2025): 1–20. https://doi.org/10.24853/ma.8.1.1-20.

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The fast moving dynamics of life necessitate changes in all aspects of life, as well as giving rise ti fiqh problems whose complexity requires the creativity if Islamic law jurists to be able to formulate appropriate methodologies to answer the problems. Even though it can no longer be called a contemporary method, the formulation of the legal istinbath method within the framework of maqasid al-shari’ah can be used a methodological solution to answer the challenges and changes of the times.

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Albadii, Loudri Fitria, Ahmad Syafi'i, and Diyan Putri Ayu. "Study Komparatif Tentang Hukum Jual Beli Sistem ‘Urbun Atau Down Payment Menurut Madzhab Syafi’i dan Madzhab Hambali." Social Science Academic 1, no. 2 (2023): 449–54. http://dx.doi.org/10.37680/ssa.v1i2.3718.

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Bay 'urbun, otherwise known as buying and selling with an advance payment system. In the Al-Qur'an and Hadith, there is not much explanation regarding the terms of buying and selling with an 'urbun' or down payment system. The Syafi'i school prohibits buying and selling with advance payments, while the Hanbali school allows this system. The purpose of discussing this research is to find out the opinions of the two schools of thought regarding buying and selling of the 'urbun or down payment system and also the istinbath method used in. In this study using the research method library research,

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