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Journal articles on the topic 'Malik School of Law'

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1

Dr., Zayyanu Musa Dogon daji. "The Emergence and Application of Maliki School of Law and its Proliferation in Africa." Global Journal of Research in Humanities & Cultural Studies 2, no. 4 (2022): 167–73. https://doi.org/10.5281/zenodo.7001891.

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Maliki School of law means the application of Islamic law in accordance with the interpretation of Imam Malik and or that of his disciples. Towards the end of the first century and at the beginning of the second century after hi/rah, the four Sunni schools emerged, Malik School of law was established by students of Imam Malik and was started in Madinah and later spread to other parts of the Muslim world. It is the second most wide spread Muslim school of law in the world. Therefore, highlights Spread of Maliki School of Law during the Life Time of Imam Malik up to His Death, Spread of Maliki S
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2

Anwari, Amalia Nur, Maulana Hasanuddin, and Syahrul Anwar. "SEJARAH SOSIAL IMAM MALIK." Jurnal Res Justitia: Jurnal Ilmu Hukum 5, no. 1 (2025): 365–74. https://doi.org/10.46306/rj.v5i1.219.

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This research discusses how the social history of Imam Malik Imam Malik bin Anas (711-795 AD), is one of the most famous Islamic scholars in history. He also created the Maliki school, which is one of the four most important schools of Islamic fiqh. Imam Malik was born in Medina, a place rich in religious and intellectual traditions, which shaped his thinking. He is known for his unique method of ijtihad, which prioritizes the practices of the people of Medina as a source of law, and integrates hadith and the opinions of the Prophet's companions. His famous work, Al-Mudawwanah, is an important
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3

Kasdi, Abdurrohman. "MENYELAMI FIQIH MADZHAB MALIKI (Karakteristik Pemikiran Imam Maliki dalam Memadukan Hadits dan Fiqih)." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 8, no. 2 (2018): 315. http://dx.doi.org/10.21043/yudisia.v8i2.3242.

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<p><em>Imam Maliki is one of the Imam of the Four Schools who has great influence in some areas of Islam. The characteristic that became one of Imam Malik's privileges was that he was a figure in fiqh and hadith. With this mastery of science and method of ijtihad, Imam Malik became a famous scholar in the hemisphere, people from every corner came to him and they jostled in his majlis and gathered to study. He gave fatwas and taught people about 70 years old. The scholars agree on his character, glory, religion, wara ', and grip against the sunnah. There are several characteristics
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4

Jayus, Muhammad, Khairuddin, and Muhammad Irham. "Al-Muwaththa': Karya Agung Imam Malik yang Mengubah Dunia Islam." An Naba 7, no. 2 (2024): 186–96. https://doi.org/10.51614/dcamzm44.

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This research analyzes Al-Muwaththa’, a monumental work by Imam Malik bin Anas, as one of the pivotal books in shaping Islamic law and the dissemination of the Maliki school of jurisprudence in the Islamic world. As a compilation of hadith compiled with a rigorous methodology, Al-Muwaththa’ not only serves as a source of law but also offers a contextual perspective by using the practices of the people of Medina (amal ahl al-Madinah) as one of the legal bases. The main problem discussed in this research is how Al-Muwaththa’ has influenced the development of Islamic law and the relevance of its
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Noorhidayati, Salamah. "Posisi kitab al-Muwatta dalam sejarah hukum Islam: analisis atas pandangan Yasin Dutton." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 14, no. 1 (2014): 101. http://dx.doi.org/10.18326/ijtihad.v14i1.101-117.

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This article discusses an academic discourse on the origin of Islamic Law by describing third school between two schools existing in this controversial field. By descriptive and comparative method, this article tries to describe how Yasin Dutton views on the beginning of Islamic Law’s construction, and then how he digs his hypothesis against two dominant schools involved in the discussion of the date of Islamic Law birth. Dutton finds that if the Qur’an is the first written formulation of Islam in general, al-Muwatta of Malik is arguably the first written formulation of the Islam-in-practice’
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Yazid, Afthon, and Arif Sugitanata. "The Complexity and Diversity Methods of Legal Discovery in Islam: In the Perspective Ulama of Mazhab al-Arba'ah." Kawanua International Journal of Multicultural Studies 4, no. 2 (2023): 152–64. http://dx.doi.org/10.30984/kijms.v4i2.725.

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This article aims to detail the development of the method of finding sources of Islamic law concerning the perspectives of the scholars of the madhhab al-arba'ah, and explore its advantages and disadvantages based on the findings gathered. The research adopts a literature-based approach, a research method that relies on literature as the main source of information. Primary data sources are obtained from classical works, books, journals, and other related references related to the method of finding sources of Islamic law, especially in the perspective of the ulama mazhab al-arba'ah. Researchers
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7

Saputra, Askar. "METODE IJTIHAD IMAM HANAFI DAN IMAM MALIK." Jurnal Syariah Hukum Islam 1, no. 1 (2018): 16–37. https://doi.org/10.5281/zenodo.1242561.

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This research determined to the pattern of Ijtihad of imam Hanafi and Imam Maliki. The The mindset used by the scholars of the four schools of thought emphasizes the maturity of attitude and tolerance in the face of various problems. The study of Islamic law that they do is always based on the Qur'an and Sunnah. Factor sociology and culture could be impact to how make decision about Islamic law.  Based on research, It was found that Imam Hanafi was speaking with sources Al-Quran, As-Sunnah, Al-Ijma`, Al-Qiyas, Al-Istihsaan,  Al-'Urf. Then, the source of the law used by Imam M
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8

Ardiansyah, Wahyu. "HUKUM ZAKAT DAN PAJAK PERORANGAN." Jurnal Ilmiah Ekonomi, Manajemen dan Syariah 1, no. 3 (2022): 13–18. http://dx.doi.org/10.55883/jiemas.v1i3.2.

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Zakat and taxes cannot be separated dichotomously, both are significant assets in alleviating the economic problems of the people. On the other hand, zakat and tax are opposite in practice which simultaneously there are two categories of expenditure legally that someone who issues and gives zakat must also contribute taxes. This becomes odd when a Muslim who pays tithe due to religious teachings, but also legally pays taxes because he is a state. The research method used in the research is comparative. The approach in this study uses descriptive qualitative analysis to explain aspects of diffe
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9

Saidah, Yuni Nur. "Tinjauan Hukum Islam terhadap Pemberian Mahar Non Materi." Isti`dal : Jurnal Studi Hukum Islam 9, no. 1 (2022): 112–29. http://dx.doi.org/10.34001/ijshi.v9i1.3257.

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This study was conducted to discuss the issue of the Provision of Non-Material Dowry in Islamic Law, which in this case was conducted an intensive study in the opinion of the four schools of thought. This study was conducted using a qualitative-library approach by referring to the fiqh literature of each school, which was then analyzed descriptively. The results of this study indicate that the provision of non-material dowries according to the Imam madhhab can be detailed as follows: 1) Abu Hanifah, did not allow it, but from him it was obligatory for a mitsil dowry, 2) Malik, the law initiall
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10

Muhammad Saddam. "Konsep Pembinaan Karakter Anak Menurut Abdul Malik Fadjar." Tadabbur: Jurnal Peradaban Islam 3, no. 1 (2021): 281–300. http://dx.doi.org/10.22373/tadabbur.v3i1.163.

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Abdul Malik Fadjar is one of the leaders of Indonesian education who has provided many services and thoughts in Islamic education and character education. Apart from being the implementer of education, Malik Fadjar is also a policy maker in the field of education. This study aims to examine Abdul Malik Fadjar's thoughts on children's character building, to explore Abdul Malik Fadjar's policies in the field of character building, and to find out strategies for implementing Abdul Malik Fadjar's thoughts in building children's character. This research is a type of library research with data analy
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Hasanuddin, Hasanuddin. "MAZHAB FIQIH PADA ZAMAN SEKARANG." SYARIAH: Journal of Islamic Law 4, no. 2 (2022): 77. http://dx.doi.org/10.22373/sy.v4i2.623.

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There are two fanatical attitudes that develop in Islamic society, namely fanatics within a school and anti-school fanatics. Attitudes and conditions like this have led to disputes and divisions within the body of the Muslims. In fact, not infrequently differences in furu' (branches) issues can trigger fights and bloodshed among fellow Muslims. It is at this point that the issue of schools of thought in Islamic law becomes important for further investigation. The history of the emergence of schools of fiqh occurred in five periods: The growth period (0-1 H century), namely during the time of t
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Muiz, Moch Zulkarnain. "Hukum Bermain Catur Menurut Mazhab Syafi’i dan Mazhab Maliki." Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam 1, no. 2 (2021): 108–23. http://dx.doi.org/10.15642/komparatif.v1i2.1125.

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Abstract: This article discusses the laws of playing chess according to the Syafi'i and Maliki schools. This research is library research and qualitative. Data were collected through the books of the mazhab Syafi'i and Maliki scholars, then the collected data were analyzed descriptively comparatively. The Syafi'i school argues that the law of playing chess is makruh as long as it is not accompanied by gambling, dirty speech, and obligatory worship. The Maliki school argues that playing chess is haram because it is similar to dice. Based on the comparative analysis, the Syafi'i school and the M
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13

Pitriani, Iin, Siti Zailia, and Legawan Isa. "ZAKAT FITRAH DENGAN UANG MENURUT IMAM HANAFI DAN IMAM MALIKI." Muqaranah 5, no. 2 (2021): 125–36. http://dx.doi.org/10.19109/muqaranah.v5i2.10510.

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 Zakat fitrah is issuing a special portion of property that has reached the nishab (quantity limit that requires zakat) to people who are most entitled to receive it or called mustahiq. The obligation to pay zakat fitrah is also legal in several verses in the Qur'an. The form of giving zakat fitrah has also been explained in several hadiths of the Prophet Muhammad. Efforts to pay zakat in Islamic law show that Islam is very concerned about social problems, especially the fate of those who are weak. So that close the relationship of love between fellow human beings in realizing Is
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14

Erfan, Herfin Fahri. "ANALYSIS OF ISLAMIC LAW REGARDING THE ISSUANCE OF MARRIAGE DISPENSATION IN INDONESIA." Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues 4, no. 1 (2024): 11–25. http://dx.doi.org/10.35896/alhakam.v4i1.738.

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Marriage dispensation is a legal solution for those who mostly do not yet have formal legal authority to marry. By taking the step of marriage dispensation, they are trying to ensure that their marriage can be legally recognized. This study analyzes differences of opinion among fiqh experts in determining age limits (baligh, ihtilam, rushd) which have implications for the right to consent in marriage. Marriage is prescribed in the Qur'an to realize the process of human regeneration. The desired generation is a generation of quality so that the task of living life is carried out based on the go
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15

Şentürk, Recep. "Sociology of rights: "I am therefore I have rights": human rights in Islam between universalistic and communalistic perspectives." Muslim World Journal of Human Rights 2, no. 1 (2019): 1–30. https://doi.org/10.5281/zenodo.2668545.

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I am therefore I have rights,” argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Consequently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to explore the tensions and contests around the universality of human rights in Islamic law. Whether all human beings or just
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16

Anwar, Syaiful, Muhammad Fauzi, Ahmad Yani, and Siswoyo Siswoyo. "Toleransi Dalam Pandangan Imam Mazhab Dan Ulama Kontemporer Perspektif Hukum Islam." Hutanasyah : Jurnal Hukum Tata Negara 1, no. 2 (2023): 117–34. http://dx.doi.org/10.37092/hutanasyah.v1i2.530.

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Tolerance is an important concept in Islam that reflects respect for differences and diversity in society. This study aims to analyze the views of the Imams of Madzhab and contemporary scholars regarding tolerance in the perspective of Islamic law. Through a qualitative approach, data is obtained from literature studies and relevant primary sources.
 The results of the study show that tolerance has a significant meaning in Islam, with the importance of respecting and understanding differences within the framework of Islamic law. The views of the Imams of the Sunni School, such as Abu Hani
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17

Yaqin, Ainol. "EVOLUSI IJTIHAD IMAM SYAFI’I : Dari Qawl Qadīm ke Qawl Jadīd." Al-Ahkam 26, no. 2 (2016): 143. http://dx.doi.org/10.21580/ahkam.2016.26.2.899.

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<p>This article describes Imam al-Shāfi'i thought in building istinbath Islamic law method and its decition's which evolved from qawl qadīm to qawl jadīd. He is known as the founder of uṣūl al-fiqh science which is arranged systematically-logically and critically. He tried to combine the two schools of thought, those are: Maliki, known as ahl al-ḥadīth that thrives in the Hijaz, and the Hanafi, known as ahl al-ra'y that is entrenched in Iraq. He managed to combine the two schools by taking method good ahl al-ḥadīth and leaving the less ones successfully. Reciprocally, he took the good ah
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18

Akmal, Muhamad Rizki, and Idarotul Nginayah. "KEDUDUKAN MAHAR DALAM AKAD NIKAH PERSPEKTIF IMAM MALIK DAN IMAM SYAFI’I." Jurnal Al-Wasith : Jurnal Studi Hukum Islam 7, no. 2 (2022): 16–41. http://dx.doi.org/10.52802/wst.v7i2.756.

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Dowry is one of the virtues of the Islamic religion in protecting and honoring women by giving them the rights they demand in marriage in the form of a dowry, the size of which is determined by the agreement of both parties. The aim of this research is to find out Imam Malik's opinion about the position of the dowry in the marriage contract and to find out Imam Syafi'i's opinion about the position of the dowry in the marriage contract. The research method used is a type of library research (libery research), namely a series of activities relating to methods of collecting library data, reading
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Aulia Rahmadina, Sholihul Anas Hanafi, Nurlita Ayuni, and Ahmad Mu’is. "Pendapat Ulama dan Empat Imam Madzhab Tentang Hukum Musik di dalam Islam." Journal of Religion and Social Community | E-ISSN : 3064-0326 1, no. 2 (2024): 62–69. https://doi.org/10.62379/jrsc.v1i2.114.

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The issue of music law in Islam has been a controversial topic among scholars for a long time. This study examines the views of the four major schools of thought in Islam-Imam Abu Hanifah, Imam Malik, Imam Shafi'i, and Imam Ahmad bin Hanbal-as well as other prominent scholars on the status of music from the perspective of Islamic law. Some scholars state that music is absolutely forbidden (haram) based on the arguments of the Qur'an and Hadith, while others allow it (halal) under certain conditions, especially if music does not lead to sinful acts or neglect worship. In this study, the argumen
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Dina Ramadhani, Khadijah Khairatun Nisa, Frea Puspita Damayanti, and Lina Marlina. "Pemikiran Hukum Islam Imam Malik Bin Annas (Pendekatan Sejarah Sosial)." SANTRI : Jurnal Ekonomi dan Keuangan Islam 3, no. 2 (2025): 76–84. https://doi.org/10.61132/santri.v3i2.1365.

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This paper focuses on the legal thought of Imam Malik bin Anas through a social historical approach. This study represents a relatively new area in Islamic legal scholarship, and therefore, it has garnered limited attention from academics. Imam Malik is one of the four imams of the Sunni schools of thought, known as ahlu hadits. Throughout his life, he never left the city of Madinah except for the pilgrimage to Mecca. His residence in Madinah, the place where the Prophet lived, greatly supported his ability to address various legal issues, most of which could be resolved through hadith. The en
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Rohman, Moh Mujibur. "Hukum Keluarga Islam Irak; Menakar Historis dan Socio Cultural Masyarakat dalam ber-Fiqh." ASASI: Journal of Islamic Family Law 1, no. 2 (2021): 94–112. http://dx.doi.org/10.36420/asasi.v1i2.6.

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The development of Islamic law in Muslim countries is undeniable. This development cannot be separated from various conflicts because the state constitution is sometimes not the same as the sharia constitution. Iraq is a country with Muslims who are dominated by two major sects, namely Sunni with the Hanafi school of fiqh and Shi'i with the Ja'fari school of fiqh. The two schools of thought have many legal inconsistencies, especially in terms of inheritance and polygamy, which have very basic differences. In contrast to Egypt, which is easy to codify Fiqh law into law because some schools such
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Silahuddin, Muhammad. "KONTRADIKSI DUA SUMBER HUKUM UTAMA DIALEKTIKA HADITS AHAD DAN QIYAS." An Nawawi 1, no. 1 (2021): 1–12. http://dx.doi.org/10.55252/annawawi.v1i1.5.

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This article shows that even though the Sunnah/Hadîts and qiyâs has been agreed by four priests schools (al-a’immat al-arba‘ah) as a source of Islamic law (mashâdir al-Ahkam), in addition to the Qur’an and ijmâ‘, but occurs deviation between them and their followers in the event of a contradiction (ta‘ârudh) between hadits al-âhâd with qiyâs, in the case used as the arguments to establish Shari'ah/Islamic Law. The majority of scholars, agreed to prioritize hadits al-âhâd than qiyâs as legal proof, the condition strict, ie that hadits al-âhâd to be authentic. Added by Hanafiyah, hadits al-âhâd
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23

Muhammad Nabih Ali. "HUKUM MEMBACA ALQURAN BAGI WANITA HAID PERSPEKTIF MAZHAB HANAFI DAN MAZHAB MALIKI (TINJAUAN ISTIHSAN)." Musawa: Journal for Gender Studies 15, no. 1 (2023): 1–22. http://dx.doi.org/10.24239/msw.v15i1.1589.

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Reading the Qur’an is one of the blessings advocated by the Prophet Muhammad, even there are virtues when reading it. Therefore the Qur'an should be read, studied and understood by Muslims, both men and women. When reading the holy book, one should read it in a holy state, both sacred from small hadas and large hadas to honor the glory of the Qur’an. Scholars differ in their opinions in reading the Qur’an for menstruating women, there are opinions that forbid and allow it. This study examines two schools namely the Hanafi school of thought and the Maliki school of reading Qur'anic law for mens
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24

Dr., Zayyanu Musa Dogon daji. "The Role of Some Sokoto Caliphate Leaders in Spreading and Development of Maliki School of Law in North West Nigeria." Global Journal of Research in Education & Literature 2, no. 4 (2022): 113–19. https://doi.org/10.5281/zenodo.7002498.

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The Sokoto caliphate was that vast territory in the central Sudan. The caliphate was in fact an Islamic empire which was a direct product of the Sokoto Jihad of 1804ce. This paper discusses the role of 1804 Sokoto Jihad leaders in spreading of Maliki school of law; it also examines the contributions of the Sokoto Jihad leaders in developing the teachings of Maliki school of law. Therefore, the paper discusses history biography of Uthman bin Foduye and Shaykh Abdullahi bin Foduye. Also, the paper elucidates their role in Spreading and Development of Maliki School of Law in North West Nigeria. L
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Kurdić, Šefik. "THE CONTRIBUTION OF THE FOUR IMAMS TO THE HADITH SCIENCE." Zbornik radova Islamskog pedagoškog fakulteta u Zenici (Online), no. 6 (December 15, 2008): 45–78. http://dx.doi.org/10.51728/issn.2637-1480.2008.45.

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Ebu Hanife, Malik, Shafiya and Ahmad are the leading spirits of Islamic thought. Their reasoning in the domain of Shari’ah made them the unavoidable sources for all generations of Muslims throughout history. The most obvious proof for that is the four great law schools that have endured the time and that had been founded and defined by these four great imams. It is less known that these four great intellectual figures made great contributions to the Hadith. All four of them were hufaz of the Hadith and that is the greatest merit in the field of Islamic science. Their outstanding knowledge of t
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Sudarto, Aye, Muhamad Bisri Mustofa, and Fathul Mu’in. "Aqad Syirkah: Dalam Kompilasi Hukum Ekonomi Syariah Dan Mazhab Maliki." ASAS 14, no. 01 (2022): 25–33. http://dx.doi.org/10.24042/asas.v14i01.11544.

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Law No. 3 of 2006 concerning Religious Courts (PA) provides significant changes regarding the position and existence of PA in Indonesia. The PA's authority is 1) family law cases, 2) sharia economic cases. Follow up on the authority in the field of Islamic economics. KHES was ratified through Supreme Court Regulation (Perma) No. 2 of 2008 concerning the Compilation of Sharia Economic Law. One of the themes in KHES and which is quite widely used by the community is the Syirkah Agreement. The provisions on Syirkah in KHES are contained in Book II Chapter VI concerning Syirkah and Ownership Syirk
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Hermanto, Agus. "Konsep Maslahat dalam Menyikapi Masalah Kontemporer (Studi Komparatif al-Tûfi dan al-Ghazali)." AL-'ADALAH 14, no. 2 (2017): 433. http://dx.doi.org/10.24042/adalah.v14i2.2414.

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The concept of maslahat offered by al-Ghazali is more general, compared to the concept offered by al-Tûfi. On the similarity side, both al-Ghazali and al-Tûfi alike have the principle that maslahat theory can be used as an Islamic law to address contemporary issues, although both develop this concept from the earlier scholars especially Imam Malik first pioneering. But both have different concepts, al-Ghazali emphasizes more on the criteria and definitions of the maslahat, both mu’tabarah, mulgha and mursalah, but al-Tûfi actually develops from maslahahmursalah, using much more reason and logi
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Bedrettin, Basuguy. "The Architectural Legacy of al-Malik al-Salih Najm al-Din Ayyub: A Transformative Decade in Ayyubid Buildings." JOURNAL OF ACADEMIC SOCIAL RESOURCES (ASR JOURNAL) 9, no. 6 (2024): 534–39. https://doi.org/10.5281/zenodo.14559606.

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The reign of al-Malik al-Salih Najm al-Din Ayyub witnessed significant construction activities despite intense political and military engagements. The Sultan's construction activities began with the fortification of Diyarbekir walls during his regency period and intensified in the early years of his sultanate. After establishing his authority in Egypt, the most important works of his construction initiative were the Rawda Castle and the Salihiyya Madrasa. The Rawda Castle, construction of which began in 638/1241 on the strategic Rawda island on the Nile River, emerged as a magnificent architec
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Arif, Miftakhul. "Sejarah Sosial Teori Hukum Islam Mazhab Maliki." El-Faqih : Jurnal Pemikiran dan Hukum Islam 10, no. 1 (2024): 202–21. http://dx.doi.org/10.58401/faqih.v10i1.1298.

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The Maliki school of thought has made a major contribution to the development of Islamic legal theory (usul al-fiqh). However, there has not been much research that has paid serious attention to the dynamics of the Islamic legal theory that developed in the Maliki School. This research aims to analyze the Maliki School of Islamic legal theory from a socio-historical perspective. This library research places the work of usul al-fiqh written by Malikiyah scholars as the primary data source. Meanwhile, secondary data sources were obtained from various other works that are relevant to the study to
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Syandri, Syandri, and Zaiz Zulfikar. "Jasa sebagai Mahar Pernikahan dalam Perspektif Empat Mazhab." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 3, no. 1 (2022): 47–67. http://dx.doi.org/10.36701/bustanul.v3i1.519.

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This study aims to find out the views of the school's scholars about services as a marriage dowry by comparing opinions and expressing differences and similarities of opinion of the four schools of thought. The problems raised in this research; First, how is the concept of service as a marriage dowry in the view of the four schools of thought. Second, what are the similarities and differences in views on merit as a marriage dowry according to the four schools of thought. This study uses library research using the normative juridical approach and the comparative approach. The research results f
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Laila Azizah and Ruslan. "Hukum Sujud Syukur Tanpa Berwudu menurut Mazhab Maliki dan Mazhab Syafi’i." Interdisciplinary Explorations in Research Journal 1, no. 3 (2023): 288–301. http://dx.doi.org/10.62976/ierj.v1i3.411.

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Abstract As we know, prostration is a part that cannot be left behind in worshiping Allah Swt. With that, every prostration that we make in prayer contains something of the power to draw us closer to Allah Swt. There are many types of prostration in Islamic teachings, one of which is prostration of gratitude, some of these prostrations of gratitude require that you perform ablution first, there are also opinions that prostrations of gratitude do not require wudu. The Maliki School and the Syafi’i School have different views regarding whether to prostrate in gratitude without performing ablutio
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Yayat Dimyati. "Studi Komparasi Antara Pendapat Madzhab Maliki dan Madzhab Syafi’i tentang Mahar Mitsil Bagi Istri yang Ditinggal Mati Suaminya Qobla Dukhul." Jurnal At-Tahdzib 7, no. 1 (2019): 148–67. http://dx.doi.org/10.61181/at-tahdzib.v7i1.291.

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One of the issues that need to be highlighted as well as the attention among Muslims is the issue of dowry, especially in the situation of a husband who does not determine the dowry and dies qabla dukhul. Furthermore, regarding the dowry of qabla dukhul, there were differences of opinion from several Muslim scholars, especially Maliki and the Shafi'i School of Religion. The purpose of this study was to find out the opinions of Madhab Maliki and Syafi'i Madhhab about the dowry of the night for the wife left behind by her husband qobla dukhul and to find out about the law of Madhab Maliki and Sy
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Suharto, Tentiyo, Asmuni Asmuni, and Tuti Anggraini. "Konsep Al-Qur’an Sebagai Sumber Utama Dalam Hukum Islam." Jurnal Multidisiplin Madani 2, no. 2 (2022): 955–76. http://dx.doi.org/10.54259/mudima.v2i2.468.

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This research is a library research whose data is through library sources, namely library research through library research. The study of literature (library research) is closely related to theoretical studies and other references related to the relevance of the use of the Koran in sharia economic reviews. The contents of the Qur'an are creed, worship, morals, law, warning/tadzkir, history or stories and signs for those who carry science and technology. The language style of the Qur'an in conveying the law is not burdensome or troublesome, does not add to the burden/demand and is gradual in or
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Vinda Nurul Hidayatul Aiman and Achmad Mukhsin. "Perbedaan dan Kontribusi Mazhab Fikih dalam Perkembangan Hukum Islam." Al-Tarbiyah : Jurnal Ilmu Pendidikan Islam 3, no. 2 (2025): 10–21. https://doi.org/10.59059/al-tarbiyah.v3i2.2149.

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The diversity of schools of jurisprudence in Islam, such as Hanafi, Maliki, Syafii, Hanbali, and Shia, reflects various legal approaches that develop according to their respective social, cultural and historical contexts. The four Sunni schools of thought have different methodologies, but are still based on the Koran and Hadith. The Hanafi school of thought is known to be flexible in its legal interpretation, while the Maliki school prioritizes the practices of the people of Medina. Syafii stands out for his systematic use of hadith, while Hanbali is more strict in following authentic hadith.
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Haj, Habil Syahril, and Tutik Hamidah. "Online Marriage from the Perspective of Islamic Law and Positive Law at the Junrejo District Religious Affairs Office." ISLAMIKA 7, no. 1 (2025): 107–23. https://doi.org/10.36088/islamika.v7i1.5484.

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This research aims to analyze the validity of online marriage contracts according to Islamic law by examining the perspectives of various schools of fiqh and Indonesian positive law. The research method used is qualitative with a descriptive approach. Data collection was carried out through interviews and observations. To enhance data validity, the researcher used source triangulation. The findings show that scholars differ in their opinions regarding the validity of online marriage. The Shafi'i, Maliki, and Hanbali schools reject it due to the emphasis on physical presence, while the Hanafi s
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Subli, Mohamad, Kurniati Kurniati, and Misbahuddin Misbahuddin. "Dampak Sosial dari Perubahan Qaul Qadim Imam Syafii ke Qaul Jadid." PAPPASANG 5, no. 2 (2023): 320–34. http://dx.doi.org/10.46870/jiat.v5i2.842.

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 The change in the law made by Imam Syafi'i in his ijtihad can have a social impact on social life. So the purpose of this study is to describe the social impact of the change in Imam Syafi'i qaul qadim to qaul jadid. The research method used in this study is the library research method, namely by examining sources from books and literature related to the formulation in this article. The research method used in this research is the library research method, namely by examining sources from books and literature related to the formulation in this article. the following are some con
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Umar, Muhammad S. "Gender Issues in Application of Islamic Law in Nigeria." Al-Jami'ah: Journal of Islamic Studies 45, no. 1 (2007): 29–56. http://dx.doi.org/10.14421/ajis.2007.451.29-56.

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This essay explores gender issues in the contemporary application of Islamic law in the Muslim majority-states of northern Nigeria. Brief political background helps to explain the shari‘a codes enacted by the legislatures of the states, drawing largely from the classical formulations of Maliki school of Islamic law. Women were among the first to be prosecuted and sentenced to death by stoning for the offence of zinā. To provide effective legal defense for the accused women, their lawyers and activists for women human rights had to argue in Islamic law before they could convince Shari‘a Courts
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Subhi, Ahmad Farhan, M. Hasbi Umar, and Ramlah. "DINAMIKA HUKUM ISLAM ‎." Jurnal Indragiri Penelitian Multidisiplin 3, no. 1 (2023): 37–43. http://dx.doi.org/10.58707/jipm.v3i1.411.

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Islamic law has two characteristics, namely al-tsabat (fixed) and al-tathawwur (developing). The first characteristic, namely Islamic Law as a revelation of Allah which remains and does not change throughout time, while the second characteristic, namely Islamic Law which develops, is not rigid in various social situations and conditions. It is in the integration of these two characteristics that Islamic Law can last forever. The first characteristic is called sharia. While the second trait is called fiqh, namely the understanding of sharia. The division of the ulema into two major sects, Ahl a
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Gulam, Hyder. "COMPARING THE LEGAL RULES (AHKAM-I SHARIAH) IN THE MALIKI AND SHAFII SCHOOLS WITH THE HANAFI SCHOOL OF THOUGHT." Jurnal Ilmiah Islam Futura 16, no. 1 (2017): 1. http://dx.doi.org/10.22373/jiif.v16i1.675.

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This paper is about the legal rules (ahkam-i shariah) in Maliki and Shafi schools, as compared with the Hanafi school of thought (or madhabs). This paper will define certain terms and briefly provide an overview of these schools of law (noting that there are four main Sunni schools of law). It should be noted that ahkam-i shar’iyaa falls within the generic rubric of fiqh. Fiqh deals with putting the Message of Islam into practice and involves both rulings about acts of worship which derive directly from Allah’s revelation to His Prophet Muhammad (pbuh) in the book or the Sunnah. When the vario
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Fakhruddin, Fakhruddin. "PENGARUH MAZHAB DALAM REGULASI WAKAF DI INDONESIA." JURISDICTIE 10, no. 2 (2020): 253. http://dx.doi.org/10.18860/j.v10i2.8225.

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<p>Wakaf merupakan salah satu institusi dalam Islam yang memperhatikan kesejahteraan umat. Sebagai negara yang mayoritas penduduknya Muslim, Indonesia mempunyai peluang besar untuk meningkatkan kesejahteraan masyarakat dengan wakaf. Dengan peluang yang besar ini, pemerintah Indonesia membuat beberapa regulasi untuk mengatur wakaf dalam bentuk Undang-Undang, Peraturan Pemerintah, Kompilasi, Peraturan Menteri Agama, dan Peraturan Badan Wakaf Indonesia. Beberapa regulasi yang telah dibentuk tidak lepas dari pengaruh masyarakat Indonesia yang mayoritas bermadzhab Syafi’i, di samping madzhab
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Abidin, Achmad Azis. "Kehujjahan Hadis Mursal Menurut Imam Madzhab Empat." International Journal Ihya' 'Ulum al-Din 22, no. 2 (2020): 232. http://dx.doi.org/10.21580/ihya.22.2.5697.

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<p>According to the muhaddits, a hadis is acceptable and reliable to be hujjah in law when its sanad has continuous authority till the Prophet Muhammad, beside that the narrator who delivered it is a <em>tsiqat</em><em> </em>(<em>‘adil</em> and <em>dhabt</em>). If some sanads are ommited between the successor and the Prophet Muhammad, the hadis is called mursal. Islam scholars have different views in measuring the credibility and realibility of mursal hadis. Some of them absolutely received mursal hadis to be hujjah, the other one received
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Serrano, Delfina. "Rape in Maliki Legal Doctrine and Practice (8th–15th Centuries C.E.)." Hawwa 5, no. 2-3 (2007): 166–207. http://dx.doi.org/10.1163/156920807782912481.

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AbstractThis paper draws on a series of texts written by jurists of the Maliki School of Law between the 8th and the 15th century. The variety of these sources and their examination in chronological order makes it possible to sketch different stages of elaboration and observing the relationship between doctrinal development and legal practice within the Maliki School of that period. My conclusion is that Maliki doctrine on rape was far from being monolithic, and that it changed over time as a result of a series of efforts to accommodate social demands and on the grounds of rationality, equity
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Ayu, Rizqa Febry. "‘Iddah Wanita Hamil Karena Zina Menurut Hukum Islam dan Hukum Positif." El-USRAH: Jurnal Hukum Keluarga 4, no. 1 (2021): 216. http://dx.doi.org/10.22373/ujhk.v4i1.10097.

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'Iddah is a common problem, but when faced with special conditions such as women who commit adultery, it becomes a complicated problem and differences of opinion arise among scholars. The scholars differ in their opinion in determining whether or not there is an 'iddah for pregnant women due to adultery. The author discusses three problems. First, how are the provisions of Islamic law to determine the 'iddah for adulterers, Second, how according to the provisions of positive law to determine the 'iddah for adulterers, Third, the arguments and methods used in fiqh to determine the 'iddah for ad
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Rahmat, Rahmat, and Mauliya Redyan Nurjannah. "Wakaf Uang dalam Perspektif Empat Mazhab dan Implementasinya di Indonesia." el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah 2, no. 2 (2024): 131–45. https://doi.org/10.24090/eluqud.v2i2.12312.

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This research aims to understand the law of cash waqf from the perspective of the four madhhabs (Syafi'i, Hanafi, Maliki, and Hambali) and its implementation in Indonesia. The method used is literature research with a qualitative approach. The Shafi'i and Hambali schools tend to be strict in their views on cash waqf, with the majority of scholars stating that cash waqf is prohibited because the object of waqf must retain its physical form (ain) after use, such as dinars or dirhams. While there is a minority view from the more tolerant Shafi'i scholars, the Maliki school gives some leeway to ca
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Lukito, Ratno. "Wali as an Agent of Women in Islamic Marriage Law: Maliki School as a Basis for Reinterpretation." Musãwa Jurnal Studi Gender dan Islam 5, no. 2 (2007): 191. http://dx.doi.org/10.14421/musawa.2007.52.191-209.

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Artikel ini menkusikan masalah wali nikah, khususnya menurut mazhab Maliki. Apabila dicermati, wali nikah, yang hatus laki-laki, daiam parulangan mazhab Maliki ini pada dasamya tidak dimaksudkan mensubordinasi otonomi dan hak perempuan, karena secara tegas mereka menyatakan bahwa wali tidak harus bapak atau keluarga laki-laki, tetapi calon mempelai perempuan dapat juga menyerahkan perwaliannya kepada hakim, apabila wali menolak untuk menikahkannya. Karena itu, fungsi wali nikah dalam mazhab Maliki adalah lebih sebagai wakil (agent) dari calon mempelai perempuan untuk memastikan terwujudnya tuj
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Suleman, Zulkarnain. "Dinamika Pemikiran Hukum Islam: Corak dan Karakteristik." Al-Mizan 12, no. 1 (2016): 99–116. http://dx.doi.org/10.30603/am.v12i1.127.

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This paper descibes the dynamic of Islamic law. Dynamics of Islamic law was born through a progressive process of ijtihad. Ijtihad progressive Islamic law gave birth to four products, namely fiqh, fatwa, legislation in Muslim countries (Qanun) and a court decision (making up). The fourth product of the Islamic legal thought is rich with a diverse opinion (deviation). In the Sunni Jurisprudence born five popular Islamic school of thought (Hanafi, Maliki, Shafi'i, Hanbali and Zahiri) with different patterns of thought. Rational Hanafi, Maliki tend to the opinion of the People of Madinah, the mod
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Ilhami, Hanif A'la, Ismail, and Asasriwarni. "KOMPARASI ISTIHSAN ANTAR MAZHAB FIKIH DAN PENERAPANNYA DALAM PENETAPAN HUKUM ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 5, no. 1 (2024): 1–25. https://doi.org/10.24239/comparativa.v5i1.139.

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The existence of differences regarding the validity of istihsan cannot be denied due to differences in understanding its essence. Even among scholars who accept istihsan, both within the Hanafi and Maliki schools, there exist diverse definitions of istihsan. This study attempts to comprehensively explain istihsan through a comparative lens across various schools of thought and how it's applied in establishing Islamic law. The research findings indicate that despite differing opinions among scholars concerning the validity of istihsan, substantively they all utilize it in deducing legal rulings
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Wildan, David, and Ahmad Adib Rafiuddin. "PENENTUAN AWAL BULAN HIJRIAH PERSPEKTIF MAZHAB MALIKI." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 9, no. 2 (2021): 275–94. http://dx.doi.org/10.52431/tafaqquh.v9i2.597.

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Abstract: As the month of Ramadan approaches, one of the discussions that will almost certainly become the subject of public discussion is about when to start the fasting month of Ramadan. Muslims seem to be divided in the discourse of the difference between reckoning and rukyah. The Imkanurrukyah method or the visibility of the hilal which is considered capable of being a mediating bridge between the two methods turns out to only apply in a few countries, not all countries are willing to accept these criteria. Countries that use the Maliki School as a reference for Islamic law in the North Af
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Sofiyulloh. "Implementasi Mazhab dan Sistem Bermazhab dalam Kehidupan Komunitas Nahdlatul Ulama Sebagai Penguatan Pendidikan Islam." Tarbawi : Jurnal Studi Pendidikan Islami 10, no. 1 (2022): 65–81. http://dx.doi.org/10.55757/tarbawi.v10i1.302.

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A school of thought is a certain view related to religious law which is believed to be the truth because it is obtained using the ijma or qiyas method. The school of thought has become a system and has even become a lifestyle inherent in the Nahdliyin of the Nahdlatul Ulama community. This paper is a qualitative-descriptive research with a historical approach. The data collection technique uses a literature review that is relevant to the research topic. Data analysis using a thematic approach. The results of the research show that the Nahdliyin Nahdlatul Ulama have implemented 4 schools of tho
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Bayyinah, Iffatul. "Madzhab Tafsir Nusantara: Analisis Tafsir Al Quran Al Majid Al Nur Karya M. hasbi Ash-Shiddieqy." Jurnal Ilmu Agama: Mengkaji Doktrin, Pemikiran, dan Fenomena Agama 21, no. 2 (2020): 263–75. http://dx.doi.org/10.19109/jia.v21i2.7421.

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When discussing the development of interpretations in Indonesia, there will be many figures included in it, including Muhammad Hasbi ash-Shiddiqie who is one of the Indonesian Muslim scholars who mastered many branches of Islamic knowledge including jurisprudence, hadith, and the Qur'an . This article describes M Hasbi Ash-Shiddieqy's thinking in interpreting the Qur'an. This study was analyzed descriptively and analytically by focusing on An-Nur's Tafsir al-Qur'anul Majid which was his interpretation. The interesting thing about this study is that the writer tries to uncover the interpretativ
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