Journal articles: 'Qiyās (Islamic law)'

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Hasibuan, Anwar Saleh, and Ghofar Siddiq. "Interelation of Qiyās Ushul Nahwi & Qiyās Ushul Fiqh In Islamic Law Construction Framework." Law Development Journal 2, no. 3 (October 11, 2020): 402. http://dx.doi.org/10.30659/ldj.2.3.402-411.

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Qiyās in the scope of Islamic scientific studies is not only studied and discussed in the study of Ushūl Fiqh science, but also in the study of Ushūl Nahwi science it is also studied and discussed about Qiyās. This article attempts to analyze, study and explain the form of interrelation that occurs between Qiyās Ushūl Nahwi and Qiyās Ushūl Fiqh in relation to Islamic legal constructs by describing the forms of the relationship between the similarities and differences between the two.

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Akgunduz, Ahmed. "Sa‘Êd Nūrsī’s Approach to the Principles of Reasoning Vis-à-vis Analogical Inductive Reasoningp; Pendirian Pemikiran Said Nūrsī berhubung Pemikran Analogis Induktif." Journal of Islam in Asia (E-ISSN: 2289-8077) 8, no. 1 (June 15, 2011): 157. http://dx.doi.org/10.31436/jia.v8i1.190.

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Abstract Analogical inductive reasoning (al-qiyās al-tamthīlī) is to some scholars a controversial issue related to Islamic law and logic. It is argued that this kind of qiyās can only afford non-certain knowledge in Islamic law. Bedi‘uzamān Said Nūrsī (1876-1960) however, evaluated this kind of qiyās and argued that there also exists al-qiyās al-tamthīlī which affords certain knowledge. This problem may not be appreciated unless information regarding the proofs (al-’adillah wa al-Íujaj) and the ways of inference (isÏinbāt) and argumentation (istidlāl) in logic and Islamic law is discussed. For that matter stand of great scholars like Ibn Taymiyyah (d. 728) and Ibn al-Qayyim (d. 751) have been shared in. They have actually gone the same way with different nuances.

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al-Kahtani, Faleh Salem. "Corporate Governance from the Islamic Perspective." Arab Law Quarterly 28, no. 3 (September 23, 2014): 231–56. http://dx.doi.org/10.1163/15730255-12341277.

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This article investigates corporate governance from an Islamic perspective and offers a definition of Islam as well as the sources that underpin Islamic law: i.e., the Qurʾān and Sunnah as primary and ijmāʿ (consensus) and qiyās (analogical reasoning) as secondary sources. Islamic objectives are highlighted by focusing on māl (wealth) and tawḥīd (Unity/Oneness of Allah). The Islamic vision on values is appraised by illustrating accountability (ḥisāb), justice (ʿadālah), consultation (shūrā), integrity (amānah), truthfulness (ṣiddiq), sincerity (ikhlāṣ), intention (niyyah), and brotherhood (ukhuwah). However, points of view on models of corporate governance differ greatly between Islamic and Western (Anglo-American) law. It has been argued that corporate governance from an Islamic perspective does not represent a modern model. This article discusses the advantages it has to offer for Saudi corporate governance.

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., Farhadullah, and Fazle Omar. "Scope of State in Legislation from Islamic Perspective." Journal of Islamic and Religious Studies 2, no. 2 (February 9, 2020): 73–83. http://dx.doi.org/10.36476/jirs.2:2.12.2017.20.

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Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW), which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW), field of Ijtehād started development, which was already approved by the Prophet (SAW) in his life. The companions of the Prophet (SAW) developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.

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Muslim, Buhori, T. Wildan, Syarifuddin M. Saman, Nurchalis Sufyan, and Sitti Mawar. "The Arabic Language Contribution to The Istinbāṭ in Islamic Law of Acehnese Scholars." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 224. http://dx.doi.org/10.22373/sjhk.v6i1.11732.

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This article discusses the contribution of the Arabic language to the istinbāṭ in Islamic law of Acehnese scholars. The purpose of this journal is to identify the contribution of the Arabic language to the practice of Islamic law. This research is qualitative research using the descriptive analysis method by describing and identifying the influence and contribution of the Arabic language on Islamic legal istinbāṭ among Acehnese scholars. The results of the findings of this study indicate that the primary sources for performing Islamic legal istinbāṭ are the Qur’an, hadīṡ, ijmā‘, and qiyās, all of which are written in the Arabic language. Importantly, the Arabic language greatly contributes to legal istinbāṭ among Acehnese scholars, the more a cleric understands the Arabic language, the easier it is to practice law, and it is important for scholars to master the Arabic language and its literature, such as balaghah, ma‘āni, badi‘, bayān, majāz, nahwu, and sharf because to understand the Arabic language is the inseparable and correlated understanding between sciences which is an integral unit, so that if a scholar performs Islamic law istinbāṭ but does not understand the Arabic language sciences, the legal fatwa he issued will be doubted.

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Syufa'at, Syufa'at. "Pembajakan Karya di Bidang Hak Cipta: Telaah Integratif Hukum Islam dan Undang-Undang R.I. Nomor 28 Tahun 2014 tentang Hak Cipta." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 1 (June 25, 2019): 49–63. http://dx.doi.org/10.24090/mnh.v0i1.2215.

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Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiyās) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta’zīr domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.

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Nashirudin, Muh, and Mudofir Mudofir. "The Authority of Majelis Tafsir Al-Qur’an (MTA) Fatwa: Critical Review of the MTA’s Sunday Morning Brochure." Al-Manahij: Jurnal Kajian Hukum Islam 12, no. 2 (December 5, 2018): 163–76. http://dx.doi.org/10.24090/mnh.v12i2.1634.

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This paper discusses the authority behind the Sunday Morning Brochure by Majelis Tafsir Al-Qur’an (MTA). The Sunday Morning Brochure is a study material given on Sunday morning and distributed to MTA members, and they can be regarded as a fatwa or the result of the MTA’s ijtihād in understanding the sources of Islamic law. From the documentations and interviews, this research finds that the study materials on the MTA’s Sunday morning brochures have been designed by a team of experts under the supervision of Ahmad Sukina. However, the brochures are, in fact, only prepared individually by the chairman of the team, i.e. Masduki who cannot be said to be authoritative in the istinbāṭ or ijtihād of Islamic law because he does not meet the criteria as an individual mujtahid in establishing the Islamic law. While using the jargon back to the Qur'an and Sunnah, MTA still uses ijmā' and qiyās as a proposition though in a very limited case. Other sources than those four, such as istiḥsān, maṣlaḥah, and istiṣḥāb will not be used by the MTA.

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Dr. Abdul Ghaffar and Muhammad Asif. "استنباطِ احکام میں فقہائےاحناف اوراہل ظواہرکامنہج اور عصری معنویت." International Research Journal on Islamic Studies (IRJIS) 3, no. 02 (July 1, 2021): 65–83. http://dx.doi.org/10.54262/irjis.03.02.u05.

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Islamic Sharīʿa gives importance to intellect as well as imitation. For better comprehension of imitation, it is necessary to have perception. Intellect is helpful for imitation to interpret comprehensively. There is no dissension in imitation but for Intellect having a difference in way of thinking and intelligence quotient, there might be dissension. In Islamic Jurisprudence, there are five schools of Fiqh (Ḥanafī, Mālḳī, Shafi՚ī, Ḥanblī, and Ẓāhirī). Each one has its principles of interpretation. There is a dire need for comparison among these schools of Fiqh. In this article, it has been tried to compare the principles of interpretation between the Hanafi and Zaheri schools of Fiqh. Islamic law regulates the practical affairs of life such as virtual laws, family matters, financial matters, banking laws, judicial proceeding affairs, inheritance, and criminal laws. In this article, an introduction of both jurisprudential scholars, Imam AbŪ Ḥanīfa and Imam AbŪ Dawud Ẓāhirī including their famous students who have a great contribution, has been discussed. A valuable discussion has also been done on their principles of interpretation. These two schools of Fiqh have two different origins and places, but both follow Qu՚rān, Sunnah/Ḥadith, and Ijmā՚ as the primary sources of interpretation while other sources such as Qiyās, Istiḥsan, Shara՚ mā Qabl, Urf are quite different. Ẓāhirī scholars do not accept Qiyās and Istiḥsan as a source of interpretation, but they accept Dalīl and Istashab as a primary source of interpretation.

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Rahmadani, Rahmadani, Islahuddin Ramadhan Mubarak, Riska Riska, and Nur Afni A. "Hukum Pembuatan Pupuk dari Bangkai Binatang." AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab 1, no. 1 (September 5, 2022): 72–81. http://dx.doi.org/10.36701/qiblah.v1i1.631.

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This study aims to find out and understand what the law of making fertilizer from animal carcasses is. The problems in this research are; First, how about the law of carrion in general? Second, how is the review of Islamic law on the manufacture of fertilizer from animal carcasses? Qualitative descriptive research (non-statistical) using historical approaches and normative juridical approaches. The data used in this study are sourced from primary data and secondary data in the form of the Koran, hadith, classic and contemporary books, journals, theses, papers, and scientific literature related to the title of this research. The results of the research found are first, the law on the use of animal carcasses is okay because it is also a treasure that can be used, what is forbidden from the carcass is consuming or eating it. Second, the review of Islamic law on the manufacture of fertilizer from animal carcasses is lawful because there has been suitability of each analytical review used, such as in terms of manufacture or production, qiyās, istitālah, and maslahah.

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Wagiyanto, M. "Regional Head Election (Pilkada) Dispute Settlement in the Perspectives of Sociology of Islamic Law." AL-'ADALAH 16, no. 1 (August 27, 2019): 207–24. http://dx.doi.org/10.24042/adalah.v16i1.1982.

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This article presents an alternative concept of resolving disputes over Regional Head Elections (Pilkada) from the perspectives of the sociology of Islamic Law. The aim is to find the possibility of obtaining better alternative dispute esolutions that meet the feelings of justice of the parties. Up to now, Pilkada dispute resolution always took the path of litigation (court), which ended in victory on the one side and defeat on the other side. Rarely, if ever, there is a dispute settlement that takes a non-litigation path to get a win-win solution. Even though there were no historical documents found in Islamic history on the Regional Head elections; But the absence of the document does not necessarily mean that Islam has no concept that can be used to solve humanitarian problems. As a religion characterized by rahmatan lil alamin (peace upon the world), Islam has a concept that can be applied to resolve disputes that refer to some principles originating from Syari'ah arguments, namely: al-Qur'an, al-Sunnah, Ijmā’ (agreement of the scholars), Qiyās (analogy), Maslahah Mursalah (benefit of society), and ‘Urf (community tradition).

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Wok Mahmud, Mek. "Opinions of Contemporary Muslim Jurists on the Registration of Marriages." Journal of Islam in Asia (E-ISSN: 2289-8077) 8 (February 2, 2012): 435–56. http://dx.doi.org/10.31436/jia.v8i0.256.

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Registration of marriages is one of the debatable issues among contemporary Muslim scholars. Considering the fact that it was not implemented during the Prophet’s (s.a.w) time, many scholars discuss the validity of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need to critically analyze the opinions of contemporary Muslim scholars on the registration of marriage as a requirement for a marriage contract to be recognized and officially authenticated, as currently practiced in many Muslim countries. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law.

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Djafry, Muhammad Taufan. "Metode Ijtihad Imam al-Syafi'i dalam Kitab al-Risalah." Nukhbatul 'Ulum 2, no. 1 (December 23, 2016): 185–94. http://dx.doi.org/10.36701/nukhbah.v2i1.14.

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Al-Risālah is a frst book concerns in ushul fkh. This book is written by Imam al-Syāf’ī rh. and contains explainations on rules of islamic argumentation (istidlāl) from al-Qur’ān. Al-Risālah book has gotten the great credit of moslem schoolars up to nowdays, as it is not only a frst book in ushul fkh but it also contains various knowledges in many felds. Imam Syāf’ī ‘s view on ijtihād and its methodology are explained in this book. Imam Syāf’ī’s methods explained in this book are : Making all cases reference to al-Qur’ān, Ḥad Ḥ īṡ, Ijmā’, and the ṣah Ḥ ābah’s sayings and qiyās, determining a law by considering a substantial argumet, determining a law by considering the illat and reducing the arguments to the visible matters, and the truth is reverted to Allah. Keyword : Ijtihād, Uṣūl al-Fiqh, Imam Syāf’ī

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Pongoliu, Hamid. "The Existence of the Statement of the Companions (Fatwā Ṣaḥāba) and its Ḥujjah in Islamic Legal Thoughts." Al-Ahkam 29, no. 2 (November 7, 2019): 189. http://dx.doi.org/10.21580/ahkam.2019.29.2.4281.

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Fatwā ṣahāba can be used as ḥujjah (proof) even though the ulama (scholars) have different opinions regarding its validity. The ulama categorize the Companions’ fatwā as one of the sources of law decision which is still being disputed about the validity. It is different from the Qur'an, Sunnah, Ijmā’, and Qiyās that have been agreed by the most of the scholars as a source of Islamic law. The Companions’ fatwā has an influence on the development of Islamic law thought which can be substantially equated like a fiqh, because it is the result of istinbāṭ (efforts to extract the ẓannī (speculative) sharia law from original sources through the mobilization of all natural reasoning abilities) and the results of the Companions ra'y (establish a law of contemporary problems that have not been found in the Qur’an and hadith) which have been codified according to the particular mazhab. Therefore, the Companions fatwā is the result of the ijtihad of the Companions as ulama of the previous generation and became the ḥujjah of the ulama until today who have colored Islamic law thought, such as fatwā of Abū Bakr, Umar, ‘Uthmān, ‘Alī, ‘Abdullāh Ibn ‘Abbās, ‘Abdullāh Ibn Mas'ūd and other Companions. At least the fatwā ṣaḥaba can be used as ḥujjah in istinbāṭ of islamic law when new problems arise, and no proposition is found in the Qur'an and hadith.

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Laksana, Endri Nugraha. "Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 7, no. 2 (December 28, 2022): 355–76. http://dx.doi.org/10.31538/adlh.v7i2.2642.

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Abstract: Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference. Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia.

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Md Asri, Muhammad Hameedullah, and Md Khalil Ruslan. "THE CRIME OF HIRABAH: APPROACH, JUSTIFICATION AND SIGNIFICANCE." Jurnal Syariah 28, no. 3 (December 31, 2020): 383–416. http://dx.doi.org/10.22452/js.vol28no3.3.

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The punishment for ḥirābah as a ḥadd crime has been prescribed by the Lawmaker in the Qurʻān, in Chapter al-Mā’idah, 33. The provision stipulates four types of punishment, namely; execution, cutting off of hands and feet, crucifixion and banishment. Despite ḥirābah being a serious crime and the only ḥadd crime with four punishments, al-Mā’idah 33 is completely silent about the meaning of ḥirābah, its constituent elements, modes of crime and conditions. This has led the crime being approached either through a restrictive or a permissive manner by Muslim scholars. The objective of this paper is to study the concept of ḥirābah from both perspectives, their justifications and significant impacts on possible application of Islamic criminal law on the subject. This is carried out through careful examination of literature contributed by both classical and modern times. The findings of the study suggest that the restrictive approach considers ḥirābah to be a crime of highway robbery – grave theft – while the permissive approach does not stipulate any particular designation to the crime. Ḥirābah to the latter is of an unlimited crime. Their justifications range from textual to contextual analyzes, application of qiyās and other principles of Islamic jurisprudence. The significant impacts of both approaches are seen on the possible application of ḥirābah; either being a strict or a flexible form of crime, a limited or an unlimited with specified or unspecified types of punishment, involving the application of two witnesses or otherwise and the effect of repentance.

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Munawaroh, Lathifah, Ahmad Munif, and Ahmad Rofiq. "Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016)." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 1 (March 29, 2023): 93–108. http://dx.doi.org/10.25041/fiatjustisia.v17no1.2851.

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The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.

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Khalifah, Nur, and Miftakhul Rohman. "METODOLOGI Metodologi Istinbath Hukum Imam Asy-Syafi’i." SINDA: Comprehensive Journal of Islamic Social Studies 2, no. 2 (August 2, 2022): 37–51. http://dx.doi.org/10.28926/sinda.v2i2.469.

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Ijtihād is a thought process to find out the law of a problem based on the most appropriate argument. Correct ijtihad will be able to provide answers to the problems at hand. The basis of true ijtihād is the ability to explore the arguments from the Qur'an and hadith and then process them using qualified tools, supported by correct and consistent methodologies. These three components with the addition of the most important factor, namely the straightness of intentions and an objective view, will undoubtedly be able to produce legal certainty for the problems that are often asked by mankind. Understanding the correct methodology and applying it appropriately will be able to produce the legal provisions sought in the ijtihād process itself. In this article, we will discuss more specifically about one of the great madhhab imams, namely Al-Imam Muhammad bin Idris Asy-Syafi'i rahimahullahu or Imam Shafi'i. The main issues that will be discussed in this article are about the legal basis used by Imam Syafi'i in determining Islamic law and the development of Islamic law or the Shafi'i school. In addition to also reviewing the methodological framework, to deliver him as an absolute mujtahid, the founder of the basic methodology in Islam. Imam al-Syafi'i's ijtihād methods contained in the book of al-Risālah include: Returning all matters to the Qur'ān, hadith, ijmā', the words of friends (al-Āṡār) and qiyās, issuing laws by looking at the substance of a argument, issuing the law by looking at its 'illat and lowering the argument only on things that are visible, as for the essence, then return to Allah swt. Imam Ash-Shafi'i argues that the main basis in establishing the law is the Qur'an and the Sunnah. If not, then by relying on the Qur'an and Sunnah. If the chain of hadith is continued until the Messenger of Allah and the sanad is authentic, then that is what is desired. Ijma as a proof is stronger than khabar ahad. If a hadith contains more than one meaning, then the meaning that is dzahir is the main one. If the hadiths are of the same level, then the one that is more authentic is more important.

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Mohd Salleh, Mohd Mahyeddin, and Irwan Mohd Subri. "Fatwa Analysis on Bone China Products and Its Halal Solution." Ulum Islamiyyah 23 (April 5, 2018): 53–66. http://dx.doi.org/10.33102/uij.vol23no0.18.

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This article discusses the use of animal bones in bone China products from halal and haram perspective. The main problem of the study due to the public confusion as a result of the difference views on halal and haram status of bone China products. The objectives of the study are to analyze the Shariah’s view and current fatwa on the law of utilizing animal bones, thus proposing a halal legal solution to the issue studied. The qualitative research methodology was used in this study through two approaches which are document analysis and interview. The study found that the cattle bones were the raw ingredients used by most of the bone China’s manufacturers. The analysis of fuqaha views found that only halal animal bones which has been slaughtered according to Shariah law were agreed to be halal (permissible), while pork bones was agreed to be haram (prohibited). However, there are disagreements among Islamic scholars for the bones of carcasses other than pigs. This arising from their difference interpretation on Shariah's arguments comprising the Qur'an, hadith, qiyās and maslahah. In the case of using animal bones in bone China products, the fatwa that permitted its use is found to be stronger, provided that it is not susceptible to pigs, based on the theory of transformation through burning (istiḥālah bi al-iḥrāq). However, among halal alternatives to bone China are clay and melamine-based products which are found to be stronger and cheaper than bone China.

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Matien, Nail Fadhel. "Analisis Ijtihad Hukum Membayar Zakat Fitrah dengan Uang Menurut Yusuf Al-Qaradawi dan Wahbah Az-Zuhaili." Al-Mazaahib: Jurnal Perbandingan Hukum 9, no. 2 (December 14, 2021): 111. http://dx.doi.org/10.14421/al-mazaahib.v9i2.2369.

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This article defines the difference of ijtihad method used by Yusuf Al-Qaradawi and Wahbah Az-Zuhaili in the legal status of the permission of zakat fitrah payment with money. This article is a qualitative research using data sourced from literature. The data obtained are analyzed using a descriptive-comparative approach. This article shows, that according to Wahbah Az-Zuhaili, based on the jumhur opinion, zakat fitrah must be paid in accordance to the existing text. Meanwhile, Yusuf Al-Qaradawi argues that the payment must be flexible by considering aspects of the benefits that will be received by the poor. Methodologically, Wahbah Az-Zuhaili used qiyās as used in the asy-Syafi'i school. Meanwhile, Yusuf Al-Qaradawi, used the method of Intiqā'i and Insyā'i. This method is used to compare the opinions of scholars, then rated by the aspect of al-muqāranah wa al-muwāzanah. One of the reasons for the determination of staple foods, is, that in ancient times, the use of money as a transaction tool was not popular as it is today. The ever-changing currency value will certainly makes Islamic law (zakat al-fiṭr) not adaptive. However, the value of the benefits of money at this time, can be equated with the benefits of foods in ancient times.

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Hatim, Affan. "HUKUM PENGGUNAAN MEDIA SOSIAL BAGI WANITA DALAM MASA ‘IDDAH DAN IHDÂD (PERSPEKTIF QIYÂS)." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 17, no. 1 (October 1, 2018): 13. http://dx.doi.org/10.18592/al-banjari.v17i1.1567.

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This literature study was conducted by reviewing library materials to find out how Islamic law’s perspective on the issue of social media used by women to upload photos featuring beauty in the 'iddah and ihdâd periods. The result of this study showed that the use of social media in the form of uploading photos showing beauty in the period of 'iddah and ihdâd is prohibited and not justified by Islamic law. This law of prohibition is based on the qiyâs argument against the prohibition of going out from the house and wearing make up for women in the period of 'iddah and ihdâd. This is because there are similarities' illah, that is the ethics and politeness of the wife by showing grief and mourning over the death of the husband. The qiyâs form of this problem is qiyas al-sabr, jaly and aulawy. Dalam penelitian yang bersifat penelitian normatif atau penelitian kepustakaan ini, dilakukan penelitian dengan meninjau bahan pustaka untuk mengetahui bagaimana menurut hukum Islam tentang masalah penggunaan media sosial oleh wanita dalam 'iddah dan ihdâd dalam bentuk mengunggah foto yang menampilkan kecantikan, dengan melakukan qiyâs ke aktivitas unggah, hingga larangan keluar dari rumah dan berdandan. Hasil dari penelitian hukum ini adalah bahwa penggunaan media sosial dalam bentuk pengunggahan foto yang menunjukkan kecantikan oleh perempuan dalam masa 'iddah dan ihdd dilarang dan tidak dibenarkan dalam hukum Islam. Hukum larangan ini didasarkan pada argumentasi qiyas terhadap larangan keluar dan make up untuk wanita dalam masa 'iddah dan ihdâd karena ada persamaan' illah, yaitu etika dan kesopanan sang istri dengan menunjukkan kesedihan dan berkabung atas kematian sang suami. Bentuk qiyâs dari masalah ini adalah qiyas al-sabr, jaly dan aulawy.

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Batubara, Yenni. "Agricultural Commodity Zakat: Aspects of the Determination of 'Illat Law and Maṣlahah'." Al Hurriyah : Jurnal Hukum Islam 6, no. 1 (August 1, 2021): 48. http://dx.doi.org/10.30983/alhurriyah.v6i1.2696.

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Nowadays, agricultural commodities are experiencing rapid growth and development with new agricultural innovations such as grafted plants and cross-breeding plants to more modern agriculture, namely hydroponics. This condition causes the agricultural products able to increase the income of farmers significantly. Agricultural products in Islamic law are one type of property that is obligatory for zakat. However, the arguments governing agricultural zakat only mention some agricultural products that are obligatory on zakat, including Jawawud, Wheat, Dates, and Raisins, so some agricultural commodities are out of the reach in these arguments, so there are no legal provisions. This research aims to see how to determine the legal provisions of zakat on agricultural or plantation commodities. This research is using literature studies method. The results of this study indicate that the product of agricultural commodities that have high economic value are qiyās on the types of fruits and grains that are obligatory for zakat, mentioned in the arguments of the Al-Qur' ān and Sunnah with various characteristics, and the functions it has, so that the provisions of agricultural zakat can be applied in issuing zakat on agricultural commodities. Then in terms of maslahah and maqasid shari'ah, the obligation of zakat on agricultural commodities can help fulfill the needs of the poor in particular, and mustahik zakat in general.<div> Komoditas pertanian dewasa ini mengalami pertumbuhan dan perkembangan yang sangat pesat dengan inovasi pertanian yang baru seperti tanaman cangkok, tanaman hasil perkawinan silang hingga pertanian yang lebih modern yaitu hidroponik. Di mana hasil pertanian tersebut mampu meningkatkan penghasilan para petani secara signifikan. Hasil pertanian dalam hukum Islam adalah salah satu jenis harta yang wajib zakat. Tetapi, dali-dalil yang mengatur tentang zakat pertanian hanya menyebutkan beberapa hasil pertanian yang wajib zakat diantaranya, Jawawud, Gandum, Kusrma dan Kismis, maka secara tidak langsung hasil komoditas pertanian tidak tersentuh sama sekali di dalam dalil tersebut sehingga tidak ada ketetapan hukumnya. Tujuan dari penlitian ini adalah untuk melihat bagaimana penentuan ketentuan hukum dari zakat hasil komoditas pertanian atau perkebunan. Penelitian ini dilakukan dengan menggunakan studi literatur. Berdasarkan analisis yang dilakukan, hasil penelitian ini menunjukkan bahwa hasil komoditas pertanian yang memiliki nilai ekonomis tinggi di-qiyās-kan pada jenis buah-buahan dan biji-bijian wajib zakat yang disebutkan dalam dalil-dalil al-Qur’ān dan Sunnah dengan berbagai sifat dan fungsi yang dimilikinya, sehingga ketentuan-ketentuan zakat pertanian dapat diberlakukan dalam mengeluarkan zakat hasil komoditas pertanian. Kemudian dilihat dari segi maslahah dan maqāṣid syarī’ah, kewajiban zakat komoditas pertanian dapat membantu terpenuhinya kebutuhan fakir miskin khususnya, dan mustahik zakat pada umunya. </div>

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Amin, Maimun Abdurrahman. "QIYAS SEBAGAI SUMBER HUKUM ISLAM." SYARIAH: Journal of Islamic Law 4, no. 2 (December 19, 2022): 63. http://dx.doi.org/10.22373/sy.v4i2.622.

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In Islamic law, qiyas is a solution offered for various legal cases that are not explicitly stated in the proposition in the sources of Islamic law. It is known that Imam Shafi'i was the originator of the concept of qiyas. In his view, various legal cases in Muslim societies that are not clearly regulated in the Qur'an or Sunnah can be resolved through qiyas, either in the form of qiyas jaly or qiyas khafi. Everyone knows that Islamic law is contained in the Koran, the prophetic traditions, the opinions of the early generations of scholars, the consensus and controversies among them, has a high intellectual capacity and sharp analysis whereby he can identify obscure facts, and can become al-Qais. The concept of qiyas consists of four elements of al-ashl, namely the original law derived from the text, al-far, or from an al-'illah. A qiyas may not go beyond the text of the main sources of Islamic law, because it is taken from existing texts.

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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 (October 29, 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 is collected through the study of literature with discussion of ushûl fiqh (Islamic law methodology) dan fiqh mu’âmalah (Islamic Jurisprudence about economics and finance) in classical and contemporary literature. The existence of qiyas as a method of istinbath law has a very important position in economics and finance. New products and cases that are present need to be responded and analyzed. Exploring the law with qiyas must be done throught careful and in-depth studies by looking at the similarity of true ‘illat (legal motives) so that the construction process of thinking qiyas in legal discovery can be applied appropriately.

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Hakimi, Fifi, and Wahidin Musta’in Billah. "QIYAS DALAM TINJAUAN HUKUM ISLAM." DIRHAM Jurnal Ekonomi Islam 3, no. 2 (February 7, 2023): 83–89. http://dx.doi.org/10.53990/djei.v3i2.234.

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The theory of qiyas has experienced very rapid development in this form in an abductive manner which previously was still in scope deductively, in the thought that it is regulated in Islamic law itself has external aspects in the concept of qiyas in the contemporary Islamic era, since the beginning, This qiyas is a theoretical matter that is always carried out by Islamic jurists, who conceptually have never experienced a change in dealing with problems that often arise in contemporary circles. It does not mean that it has limitations in looking broadly for illat which is theorized by qiyas law, and it is not limited to material concepts in concrete lines or contextually. However, the explanation given on any problem can be interpreted broadly and in detail to overcome it. Various questions and statements will be reviewed and solved as Islamic law regulates in aqidah.

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Sakirman, Sakirman. "METODOLOGI QIYAS DALAM ISTINBATHHUKUM ISLAM." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 9, no. 1 (June 10, 2018): 37. http://dx.doi.org/10.21043/yudisia.v9i1.3672.

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Shariah is the concrete embodiment in the middle of the community. Even so, the Shari'ah as puts the teachings of Islam grew in a variety of situations, conditions and aspects of spacetime. The ontological reality of Shari'ah is then gave birth to the epistemology of Islamic law (fiqh) which is basically a remotely and called the scholars with a social fact enclosing them. These historical facts show that Islamic law (fiqh) justification of the plurality of the formulation of the law due to the role of epistemology "langage games" are different. Islam in the middle of the progress of all fields as a result of copyright, taste as well as the work of man now this is demanded in the notice will satisfy the development of knowledge and technology. The history of the development of Islamic law have taught us that the transformation of social values, cultural, economic, and even political influence the occurrence of changes in Islamic law.

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Najib, M. Ainun. "Qiyas dan Asas Legalitas (Telaah Penerapan Metode Qiyas pada Hukum Pidana Perspektif Hukum Islam dan Hukum Positif)." Al-Jinayah Jurnal Hukum Pidana Islam 8, no. 1 (June 17, 2022): 75–84. http://dx.doi.org/10.15642/aj.2022.8.1.75-84.

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Abstract: Crime is growing very rapidly, far from leaving the law which is still guided by its standard editors. Qiyas method is needed to catch up. As a method of legal discovery, qiyas has been widely found in Islamic criminal law, but not with positive criminal law which in its application has a fairly large stumbling block in the form of the principle of legality as stated in Article 1 paragraph (1) of the Criminal Code, even the Draft Criminal Code is more explicit in mentioning the prohibition in the Criminal Code. Article 1 paragraph (2). This journal aims to explain the relationship between qiyas and the principle of legality in criminal law. The normative method is used in this journal by researching library materials, and supported by historical studies to add to the findings. Although there is a long debate, qiyas and the principle of legality basically need each other. Qiyas has been applied to Islamic criminal law, as well as in positive criminal law with a narrow meaning. Keywords: Qiyas, Analogy, Legality, Positive Law, Islamic Law

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Faishol, Achmad Sulton, Yoyo Hambali, and Oni Wastoni. "QIYAS DALAM PEMIKIRAN IBNU TAIMIYAH." MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 13, no. 1 (June 9, 2022): 33–64. http://dx.doi.org/10.33558/maslahah.v13i1.4453.

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The purpose of this study is to find out Qiyas in Islamic law and Qiyas in ibn Taimiyah thought. This research method is a qualitative method used so that research activities can be carried out in a directed and rational way to achieve optimal results. The type of research carried out is library research, with the approach used in this study is a normative approach. The result of this research is that the Sahih Qiyas are Qiyas that are in line with the texts, the texts never contradict Qiyas, in the Shari'ah there is no case that contradicts the Qiyas, ijtihad must be carried out correctly, in accordance with standard rules, so that the law produced can be accounted for. From the discussion in the previous chapters it can be said as follows: Qiyas in Islamic law is a solution offered for various legal cases that are not explicitly stated in the arguments in Islamic law sources. In order to fulfill the needs of Islam as a true and perfect teaching, obey the scholars to carry out and carry out everything, as well as judge by law and give everything to Allah and fatwas through everything through fatwas of various levels of ijtihad which are carried out continuously with full sense of responsibility.

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Sanuri, Sanuri. "The Strategic Role of Qiyas Theory on Elasticity of Islamic Law in Solving Contemporary Issues." Al-Qanun Jurnal Pemikiran dan Pembaharuan Hukum Islam 26, no. 2 (January 26, 2024): 137–48. http://dx.doi.org/10.15642/alqanun.2023.26.2.137-148.

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This study highlights the role of qiyas in the elasticity of Islamic law in resolving contemporary issues of Muslims which do not have clear legal provisions in the nass, both in al-Qur'an and al-Sunnah. This is a qualitative research and the data collected through documentary in the form of texts directly related to qiyas theory. Furthermore, the data was analyzed using content analysis technique. To parse this theme, there are several important points, namely: (1) Al-Qur'an and al-Sunnah as revealed shari'ah; (2) Islamic law: between religious humanism and liberal humanism; (3) Qiyas in the lens of Ash'ariyyah and Mu'tazilah scholars; and (4) Qiyas and elasticity of Islamic law. The result of this study is that qiyas has enormous potential in proving and embodying the elastic character of Islamic law in providing answers to various contemporary problems of Muslims. However, the notes for qiyas, as offered by the madhhab scholars, currently need to continue to be developed, with an attitude of openness, to accept various scientific and technological developments that continue to experience very rapid leaps.

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Pane, Ramadhan Siddik, and Sawaluddin Siregar. "Qiyas sebagai Konstitusi Keempat dalam Islam: Implementasi Qiyas dalam Konteks Siyasah." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 8, no. 2 (February 1, 2023): 153–206. http://dx.doi.org/10.24952/el-qanuniy.v8i2.6224.

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Abstract The problem faced by Muslims today in a constitutional context is a complex one. A revolutionary solution is needed to answer the problem and it is certainly not enough to use the classical Islamic legal methods. When viewed in the Islamic constitution, many of the problems that arise today are textually absent from the provisions of the law. Thus, to answer these problems requires a systematic methodology and legal formulation. In answering and formulating legal provisions in contemporary cases, it can be done by the qiyas method. This study aims to formulate the qiyas methodology as the fourth constitution in Islam to answer all problems of Muslims in the context of siyasah. Various things that are the object of research are in the fields of siyasah harbiyah, siyasah dusturiyah, and siyasah maliyah. The three siyasah in the national constitutional system are known as the state defense system, the state legislative system, and the state revenue and taxation system. To facilitate this research, the author utilizes the theory of literature research with a qualitative research approach. Researchers first formulate one problem and then collect various literature models related to the theme. Then the researcher analyzes each of these literatures to formulate qiyas formulations in the context of siyasah. The main problem in this study is how the formulation of qiyas in formulating Islamic law and how to implement qiyas in the issue of siyasah. Therefore, the results of this study can be described as showing that the formulation of qiyas must meet four pillars, namely the initial case, the initial case law, the branch case, and the 'illat law between the two cases. Then qiyas can be implemented in answering problems in the field of siyasah harbiyah, siyasah dusturiyah, and siyasah maliyah Keywords: Constitution, Qiyas, Siyasah

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Amin, Maimun Abdurrahman. "QIYAS SEBAGAI SUMBER HUKUM ISLAM." SYARIAH: Journal of Islamic Law 4, no. 2 (December 30, 2022): 63–76. http://dx.doi.org/10.22373/jiis.v4i2.89.

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Abstract: In Islamic law, qiyas is a solution offered for various legal cases that are not explicitly stated in the proposition in the sources of Islamic law. It is known that Imam Shafi'i was the originator of the concept of qiyas. In his view, various legal cases in Muslim societies that are not clearly regulated in the Qur'an or Sunnah can be resolved through qiyas, either in the form of qiyas jaly or qiyas khafi. Everyone knows that Islamic law is contained in the Koran, the prophetic traditions, the opinions of the early generations of scholars, the consensus and controversies among them, has a high intellectual capacity and sharp analysis whereby he can identify obscure facts, and can become al-Qais. The concept of qiyas consists of four elements of al-ashl, namely the original law derived from the text, al-far, or from an al-'illah. A qiyas may not go beyond the text of the main sources of Islamic law, because it is taken from existing texts. Keywords: qiyas, nas, ashal, far', illah and law. Abstrak: Dalam hukum Islam, qiyas adalah sebuah solusi yang ditawarkan untuk berbagai kasus hukum yang tidak disebutkan secara eksplisit dalil dalam sumber hukum Islam. Diketahui bahwa Imam Syafi'i adalah penggagas konsep qiyas. Dalam pandangannya, berbagai kasus hukum yang terdapat dalam masyarakat Muslim yang tidak jelas diatur dalam al-Qur’an atau Sunnah dapat diselesaikan melalui qiyas, baik dalam bentuk qiyas jaly atau qiyas khafi. Semua orang mengetahui bahwa hukum Islam terkandung dalam Al-Quran, tradisi kenabian, pendapat dari generasi awal ulama, konsensus dan kontroversi di antara mereka, memiliki kapasitas intelektual yang tinggi dan analisis yang tajam di mana ia dapat mengidentifikasi fakta yang tidak jelas, dan bisa menjadi al-Qais. Konsep qiyas terdiri dari empat elemen al-ashl yaitu hukum asli yang berasal dari teks, al-far, atau dari sebuah al-' illah. Sebuah qiyas tidak boleh melampaui teks dari sumber utama hukum Islam, karena diambil dari teks yang ada. Kata Kunci: qiyas, nas, ashal, far’, illah dan hukum.

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Hasbi, Muhammad. "METODE IJTIHAD T. M. HASBI ASH-SHIDDIEQY SEBAGAI PRODUK PEMIKIRAN HUKUM ISLAM." DIKTUM: Jurnal Syariah dan Hukum 15, no. 1 (June 12, 2017): 109–26. http://dx.doi.org/10.35905/diktum.v15i1.429.

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Abstract: This paper will examine the method of ijtihad Hasbi Ash-Shiddieqy in giving birth to Islamic legal thought products. Ijma ', qiyas, Istihsan, maslahah al-mursalah, and' urf is a method or means in producing law as a product of Islamic legal thought. The five principles that enable Islamic law to develop in keeping with the times, namely; first; principle of ijma '. Second, the principle of qiyas. Third; maslahah al-mursalah. Fourth; maintenance 'urf. Fifth; changing law with changing times.

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Hidayat, Syaiful. "Mas?lah?ah Sebagai Metode Penggalian Hukum Islam." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 1, no. 1 (June 1, 2013): 01–15. http://dx.doi.org/10.52431/tafaqquh.v1i1.2.

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The primary source of Islamic law is the study of the Qur'an and hadith. From two main sources are able to produce products of Islamic legal thought resulting from the process of ijtihad. Variety of laws have dihasilakan of the ijtihad process. There qiyâs, ijmâ’, istih?sân dan mas?lah?ah. One of the discussions and debates that have been going so long is a discussion about mas?lah?ah. One group found mas?lah?ah is a controversial method used as a backrest when determining Islamic law, because mas?lah?ah is a method resulting from the intervention of human rationality in Islamic rules'. While another group found, with mas?lah?ah will be able to unravel the threads of the social problems the rest of his juridical primary sources not found in either the Qur'an or hadîth.

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Asni, Fathullah, Muhammad Shahrul Ifwat Ishak, and Afiffudin Mohammed Noor. "THE APPLICATION OF QIYAS METHOD IN CONTEMPORARY ISLAMIC FINANCE." International Journal of Law, Government and Communication 9, no. 36 (June 30, 2024): 408–19. http://dx.doi.org/10.35631/ijlgc.936031.

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Qiyas plays a crucial role in the formulation of Sharia law, being one of the primary sources of evidence used in the science of usul al-fiqh. Although usul al-fiqh, the science that discusses the process of deriving legal rulings, is a necessity for those involved in the issuance of legal rulings, it is observed that in the current context, the literature on usul al-fiqh has not received adequate attention, especially in the domain of Islamic finance. Therefore, one of the suitable sources of usul al-fiqh for resolving modern issues that were not addressed in ancient times is the source of qiyas. Qiyas is essential in determining the element of similarity from the perspective of the ‘illah (effective cause) of the law between an issue explicitly mentioned in the Sharia texts and a new issue. Furthermore, this source is accepted as evidence by the reputable scholars among the four Sunni schools of thought. This study aims to analyze the application of qiyas as evidence in contemporary Islamic financial practices. The study employs a qualitative approach, involving a literature review encompassing books, journals, and relevant circulars. The collected materials are analyzed using document analysis methods. The findings of the study indicate that several practices in Islamic finance are implemented based on the justification of qiyas. These practices include issues related to fiat currency, the requirement for a minimum amount of physical assets in sukuk, the zakat on jewelry (gold and silver), and the zakat on publicly listed company shares. Therefore, it can be concluded that qiyas plays an important role as a primary reference for contemporary issues in Islamic finance. It is recommended that current Islamic finance industry practitioners thoroughly understand the source of qiyas.

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Achmad, Muhammad Thamrin Thamrin, Lomba Sultan, Muammar Muhammad Bakri, and Hamzah Hasan. "MARRIAGE ISBAT IN QIYAS PERSPECTIVE." Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan 9, no. 1 (July 7, 2020): 1. http://dx.doi.org/10.24252/ad.v9i1.11360.

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The main problem discussed in this dissertation is how the implementation of qiyas for marriage isbat (confirmation of marriage).This dissertation discusses about marriage isbat from qiyas perspective, analysing three sub-problems which are the focuses of this study; first, what factors that highly influence isbat of marriage in Makassar Religious Court. Second, how Judge's consideration in the case isbat of marriage, and third, how is the implementation of qiyas related to the case of marriage sibat in Makassar Religious Court.This research is a field study. Data sources were obtained during the field research at Makassar Religious Court by doing an interview with the judges. The data was analyzed by deductive method and presented descriptively using normative, juridical, sociological and philosophical approaches. Theories used in analyzing data were theories of justice, certainty and expediency, judges, existence, progressive law, in order to implement isbat of marriage in Makassar Religious Court.The results show that the number of marriage isbat is still high in Makassar Religious Court which is driven by some factors, for instance: the case of spouses asked for marriage certificate (Marriage contract), spouses who asked for jointed-property, children who need birth certificate, or inheritance purpose. Submission of marriage isbat application to religious court is in line with the law No. 1 of 1974, Article 2 Paragraphs (1) and (2) of Marriage Compilation of Islamic Law Article 7 Paragraph (3) letter d. The application for isbat of marriage which was filed with the court and consideration of the judge the judge's consideration in granting the divorce was not bound by positive law alone, but also the consideration of justice, the sociology of law and the public good.The implication of this study recommends the importance of strengthening regulations that can accommodate present and future problems to avoid greater harm so that the problem of "Sirri marriage" that increases can be avoided. The importance of tightening up the conditions in examining the Marriage isbat case and the need for a reconstruction of Law Number 1 of 1974 Article 2 paragraph (2), Regarding Marriage in conjunction with Presidential Instruction Number 1 of 1991 Article 7 Paragraph (3) letter d Regarding Compilation of Islamic Law.

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Junaidy, Abdul Basith. "Dialektika Hukum Islam pada Masa Awal Islam." Al-Jinayah: Jurnal Hukum Pidana Islam 2, no. 2 (December 21, 2016): 420–39. http://dx.doi.org/10.15642/aj.2016.2.2.420-439.

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Abstract: The dynamic and dialectical theory of Islamic law had been since the time of the Prophet Muhammad (p.b.u.h). However, the theory of Islamic law in a comprehensive form had just started at the time of al-Shafi’i, and then continuously further developed and refined by the next future jurists of different schools of Islamic law there. The theory of classical Islamic law seeks to integrate the authoritative text (nushûsh) and the role of human reason (ra’y). However, the function of the human mind is at a lower level (subordinate) and additional (subsidiary) rather than function doctrine revealed by God (nushûsh). All schools of Islamic law that had developed at that time had to conform to the model of integration that had to do certain concessions if it wanted to gain recognition as a legitimate school of law. For example, traditionalists must accept ra’y in the form of qiyâs. For this reason, the schools of Islamic law which would not accept qiyâs, it would have been out of the circulation, such as Zahiri and Hasywiyah schools.Keywords: Islamic Law, Early time of Islam, nushûsh, ra’y. Abstrak: Teori hukum Islam yang dinamis dan dialektis sudah ada sejak masa Rasulullah saw. Namun, teori hukum dalam bentuknya yang komprehensif baru dimulai pada masa al-Syafi’i, kemudian secara berkesinambungan terus dikembangkan dan disempurnakan oleh para fuqaha masa berikutnya dari berbagai mazhab hukum Islam yang ada. Teori Hukum Islam klasik berupaya mengintegrasikan antara teks otoritatif (nushûsh) dan peran nalar manusia (ra’y). Namun fungsi nalar manusia berada pada tingkatan yang lebih rendah (subordinatif) dan tambahan (subsider) dibanding fungsi ajaran yang diwahyukan Tuhan (nushûsh). Semua aliran hukum yang berkembang pada saat itu harus menyesuaikan diri dengan model integrasi yang ada dengan melakukan konsesi-konsesi tertentu jika ingin mendapatkan pengakuan sebagai aliran hukum yang sah. Misalnya, aliran tradisionalis harus menerima ra’y dalam bentuk qiyâs. Atas dasar itu, aliran-aliran hukum yang tidak mau menerima qiyâs, dengan sendirinya hilang dari peredaran, seperti mazhab Zahiri dan mazhab Hasywiyah.Kata Kunci: Hukum Islam, Masa Awal Islam, nushûsh, ra’y.

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Mawardi, Ahmad Imam. "Qiyâs dan Istihsân dalam Rasionalitas Usûl al-Sarakhsî." ISLAMICA: Jurnal Studi Keislaman 7, no. 1 (January 23, 2014): 85. http://dx.doi.org/10.15642/islamica.2012.7.1.85-99.

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There are two conceptual terms that this paper will try to expose. The first is analogy (qiyâs) and the second is istihsân, an analogy—like method of extrapolating jurisprudential rules. The paper will try to speak of their relationship in the light of al-Sarakhsî’s rationality. In the field of Islamic jurisprudence, the two concepts are often seen as contradicting to one another. The Shafi’ite jurists are even of belief that using istihsân is legally forbidden for that would contradict the general rules of Islamic law. The paper assumes that despite general view of the jurists that istihsân is an equivocal method it can nonetheless be fitted into qiyâs. To show that however, the paper would inevitably re-define both qiyâs and istihsân as proposed by al-Sarakhsî. By exploiting the ideas of al-Sarakhsî, the paper hopes that new lights may be shed as far as the richness of Islamic method injurisprudence is concerned.

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Farooq, Mohammad Omar. "Analogical Reasoning (Qiyas) and the Commodification of Women: Applying Commercial Concepts to the Marital Relationship in Islamic Law." ICR Journal 3, no. 1 (October 15, 2011): 154–80. http://dx.doi.org/10.52282/icr.v3i1.585.

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Analogical reasoning (qiyas) is one of the four sources of Islamic jurisprudence. It is recognised that the outcomes of qiyas are generally speculative in nature. However, a vast portion of the corpus of Islamic law is derived based on qiyas. One such area is marital relationship and mutual rights of the spouses. In several areas of marital relationship and mutual rights, the Islamic jurisprudents have applied concepts and tools that are related to commerce or business (tijarah). Such terminologies include bay’ (exchange/buy/sale) and ijarah (lease). This article examines such employment of business-related framework in the area of marital relationship and mutual rights. Based on both classical and post-classical legal sources, the author analyses the legalistic tendency underlying the legacy of the traditional Islamic law, as exemplified in using business-related framework in an overreaching manner. This article also offers an explanation of how the traditional Islamic view on slavery might be closely connected to this commodified view. Furthermore, it sheds light on how such commodification can impact on family as a central social institution.

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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 (December 5, 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 legal Istinbath. He rejected qiyas as the fourth source of law was the opinion of the scholars’ majority. To examine this issue, this research is literary with the substance of character research. The research method used is the content analysis method, namely analyzing the thoughts of Abu Muhammad in various existing writings. The results of the research show that to respond the various contemporary problems that arise, for which answers cannot be found explicitly in the texts, both in the Qur'an, Sunnah, and Ijma', Abu Muhammad has the method was also the fourth source of law after Ijma'. The source of law used by Abu Muhammad is known as ad Dalil. However, in further development, the concept of ad Dalil from Ibn Hazm was considered by other Ulama as a source of law or a way of Istinbath law was no different from the qiyas used by previous scholars.

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Yazid, Afthon. "THE DISCOVERY OF ISLAMIC LAW WITH THE TURAS BOOKS." MAQASHID Jurnal Hukum Islam 6, no. 2 (November 7, 2023): 1–15. http://dx.doi.org/10.35897/maqashid.v6i2.1153.

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The dynamics of fiqh that occurred at 2nd H, gave rise to the process of transitioning Islamic law from the form of ijtihad based on the the companions to a scientific and measurable process. Its maintained from Four Imams who codified the results of their legal thoughts in the books of fiqh. The Four Imams and their books could be define in turas books or classical books, have difference thought during determine an ijtihad. This study aims to explain the development method of finding legal sources in turas books based on madzahib al arba'ah scholars. The researchers conducted a library study with a descriptive analysis approach, collected sources, verified, and interpreted in detail. The results showed that in determining the law, the scholars of the mahdhhab put forward their textual and contextual method. The result of the textual law , determined by the Qur'an and hadith, but does not leave the contextually which is ar-rayu. The theory and methodology of the discovery of the law of madzahib scholars are broadly the same. Its using Qur'an, sunnah, ijma' and qiyas. However, in the practice of developing qiyas methodology, scholars of the madhhab have differing in opinion, such as use the method of istihsan, urf, maslahah mursalah, atsar ahlu medina and hadith mursal.

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Asmawi, Asmawi. "Epistemologi Hukum Islam: Perspektif Historis, Sosiologis dalam Pengembangan Dalil." Tribakti: Jurnal Pemikiran Keislaman 32, no. 1 (January 25, 2021): 57–76. http://dx.doi.org/10.33367/tribakti.v32i1.1393.

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The epistemology of Islamic law that deals with the development of arguments, applies dynamically, since the application of Islamic law itself, from the time of the Prophet to the present. In the early days of Islam epistemology was developed based on revelation and reason. Along with the golden age of Islam, various reasons and methods of discovery of Islamic law developed such as qiyas, istislah, urf, istishab. In modern times, the dynamics have also become increasingly complex with the increasingly complex problematics of Islamic law, and the latter is using assistive sciences in the discovery of Islamic law. Such as the science of sociology, astronomy, health, biology, medicine, chemistry, and others. So that the epistemology of Islamic law is rationalist, empirical, theologic, and phenomenological.

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Tukhtamratovna, Avazova Shaira. "THE CONCEPT AND SOURCES OF THE SCIENCE OF FIQH." International Journal Of History And Political Sciences 3, no. 12 (December 1, 2023): 19–25. http://dx.doi.org/10.37547/ijhps/volume03issue12-04.

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In this state, in order not to allow young people to fall under the influence of various foreign technologies, attention is paid to the issue of education and the true nature of Islamic religion, and also to the Koran, Sunnah, Idjma and Qiyas, which are considered to be the basic elements of Islamic law, the production of which is based on the field of furul-fiqh. Islamic law.

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Shah, Moazzan. "حدود و قصاص میں عورتوں کی گواہی: فقہی آراء کا تجزیہ Women's Testimony in Hadūd and Qisās: An Analysis of Jurisprudential Opinions." Al-Wifaq, no. 6.2 (December 31, 2023): 67–78. http://dx.doi.org/10.55603/alwifaq.v6i2.u5.

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This topic explores the evidence of women in Hadūd and Qisās, which are legal concepts in Islamic law. In the judicial system, testimony or eyewitness evidence plays a vital role in solving criminal cases. Hudood refers to punishments prescribed for certain crimes, such as theft, adultery, and alcohol consumption, while Qisās pertains to the principle of retribution or equal punishment for crimes involving bodily harm or murder. The objective of this study is to examine the presence and role of women within these legal frameworks. Through an analysis of Islamic jurisprudence and historical sources, this research aims to provide an overview of the evidence regarding women's involvement in Hadūd and Qisās. By examining legal interpretations and scholarly opinions, this study seeks to shed light on the evidence of women within the context of Hadūd and Qisās. The findings will contribute to a better understanding of the role of women in Islamic legal systems and the potential implications for gender equality and justice. Overall, this research aims to provide a comprehensive analysis of the evidence of women in Hadūd and Qisās, highlighting the complexities and nuances of their involvement within these legal frameworks.

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Samdani, Jafar. "Doctrine of Necessity (In Islamic Jurisprudence)." Volume-1: Issue-9 (November, 2019) 1, no. 9 (December 7, 2019): 48–55. http://dx.doi.org/10.36099/ajahss.1.9.5.

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Islamic Jurisprudence provides the mechanism to understand the Islamic Law and the Islamic law is basically and principally pillared/sourced on Qur’an, the divine revelation (the words of the Almighty ALLAH) and the Sunnah (Prophetic Traditions), the words and the practice of the Prophet (Peace Be Upon Him) and those two are considered the basic sources of law in Islamic Law. Furtherance to the said sources seconding to the basic pillars is as Ijma (Consensus) and Qiyas (application of rule by analogy). After that the Ijtihad (Juristic consensus of opinion of the imam’s mujtahid,) Istihsan (juristic preference), Maslahah Mursalah (Public Interest), Urf (Custom), Istishab (presumption of existence or non-existence of facts Presumption of Continuity), Sadd al-Dhara’ (Blocking the Means). The paper is an effort to discuss these in order to present the pros and cons of the doctrine of necessity in Islamic jurisprudence.

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Faishal Agil Al Munawar and Mirwan. "Ijtihad Jama’i (Ijtihad Kolektif) Perspektif Ulama Kontemporer." Istidlal: Jurnal Ekonomi dan Hukum Islam 4, no. 2 (October 15, 2020): 127–37. http://dx.doi.org/10.35316/istidlal.v4i2.268.

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The research discusses Ijtihad Jama’i or more familiar known as Collective Ijtihad. It uses Library Research with a descriptive comparative study approach which explains the definition of Collective Ijtihad, the importance and its position under Islamic Law according to contemporary Islamic scholars. The results have shown that Collective Ijtihad is an agreed Islamic law (fiqh) mechanism upon respectable Islamic scholars (mujtahid) to generate law verdict from recent thematic issues. The earliest step analyzes previous law verdicts from similar cases based on prior Islamic scholars’ notions. The latter work comes into the judgment selection process to produce a decree with most robust yet relevant from available references. Currently, Collective Ijtihad has high gravity in the making of pure tasyri’ (Islamic Law), stationed under original Ijma’ but superior to Qiyas and all Individual Ijtihad yet should be applied as Islamic Law determination method (istinbath) due to relaxed prerequisites and straightforward implementation compare to Individual Ijtihad, which is very influential in deciding contemporary Islamic Legislation

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Itmam, Muhammad Shohibul. "Aktualisasi Pemikiran Bustanul Arifin Tentang Politik Hukum Islam di Indonesia." POLITEA 3, no. 2 (November 10, 2020): 139. http://dx.doi.org/10.21043/politea.v3i2.7785.

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This paper explains the actualization of Bustanul Arifin thought on the politics of Islamic law in Indonesia which aims to find out first, how the epistemology of Bustanul Arifin thoughts on Indonesian Islamic law and scond, how the actualization of Indonesian Islamic law politics from Bustanul Arifin's perspective. This research is a library research or library research, which is carried out by collecting library data by using a critical social and political approach. The research concludes that first, the epistemology used by Bustanul Arifin is to position the Koran and al-Sunnah as the main sources in Islamic law and the development of legal values in the Koran and al-Sunnah using the Ijmak and Qiyas methods in Islamic law. Second, the actualization of Islamic law politics Bustanul Arifin's thought is to elaborate Islamic law with positive law through the transformation of Islamic law in state legislation and institutions, so that there is a union between Islamic law and State law within the framework of State institutions which he calls the institutionalization of Islamic law. Thus, the step that needs to be developed is to determine an institution that is in accordance with the principles and values of Islamic law in the Indonesian context.

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Silahuddin, Muhammad. "KONTRADIKSI DUA SUMBER HUKUM UTAMA DIALEKTIKA HADITS AHAD DAN QIYAS." An Nawawi 1, no. 1 (April 6, 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 is not associated with things that can not be avoided (‘umûm al-balwâ), and not unlike the practice of narrators, and not in conflict with the Qur’an and/or hadîts mutâwatir. Added by Imam Malik and scholars Malikiyah, the hadits al-âhâd does not contradict with ‘Amal Ahl al-Madînah, because of the nature of its legal force as the force of law hadîts mutâwatir. However, in certain contexts, Imam Malik put hadits al-âhâd than qiyâs in 4 (four) problems, namely the hadîts about: something/dog licking the affected vessel, musharrâh system purchase, sale and purchase of the system of ‘Arâyah, and about qur’ah. Similarly, imam Malik put qiyâs than hadits al-âhâd in matters of eating and drinking at the time of fasting due to forget, is a legal void, making it obligatory to be fullfilment (qadhâ’). While the opinion of the Hanafi imams who pioneered and Syafii instead basing on hadits al-âhâd narrated by Abu Hurayrah, that the fast is not invalidated, so it should be forwarded (enhanced), and not obligatory to be fullfilment (qadhâ’). Keywords: hadits al-âhâd, qiyâs, ta‘arudh, istinbâth, al-madzâhib al-arba’ah.

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Suparmin, Sudirman. "Istihsan Methodology In The Productive Waqf Application." FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman 6, no. 1 (June 23, 2020): 117–30. http://dx.doi.org/10.24952/fitrah.v6i1.2650.

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Istihsan is a form of ijtihad method by calculating the law of a problem so that it is better for certain reasons as long as it does not violate Islamic law. Istihsan based on the argument used is divided into three: first, switching from qiyas dzahir to qiyas khafi; second, switching from general propositions to specific characteristics; third from Kulli's law to exceptions to legal exclusion (exceptions). Meanwhile, based on the backrest taken by mujtahid divided into four types; istihsan qiyasi, istihsan nashi, istihsan bi al-’urf and istihsan dharuri. Earning cash in the form of cash is a new phenomenon that is still often debated about its legality as a solution of the Islamic religion. This paper explains the role of istihsan methodology in restoring contemporary economic activities in the form of productive endowments. Based on its practices and functions, cash waqf has enormous benefits for the economic progress of the community. With the analysis of the istihsan methodology, it can be seen that the cash waqf law is permissible to review using the istihsan bi al-’urf approach

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Fakhrizal Idris, Muhammad Yusram, and Azwar Iskandar. "Salat Jumat Daring dalam Perspektif Hukum Islam." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 1 (April 21, 2021): 110–29. http://dx.doi.org/10.36701/bustanul.v2i1.326.

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This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.

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Rozi, Fathur. "HISTORY OF MIND MAZHAB FIQH IMAM SYAFI'I." PUTIH: Jurnal Pengetahuan Tentang Ilmu dan Hikmah 1, no. 1 (September 1, 2016): 133–53. http://dx.doi.org/10.51498/putih.v1i1.11.

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Imam Shafi'I (150-204 AH) is an important figure in the history of Islamic thought, especially Arab thought. He is one of the Ulama who founded "moderatism", which by many is regarded as the most important characteristic of the Arab-Islamic experience in history. Moderatism is the shelter of "authenticity" which the Arab-Islamic society defends in its battle against the enemy that seeks to destroy.Fiqh Imam Shafi'i centered on four sources, namely al-Qur'an, Sunnah, Ijma ', and Qiyas. Sunnah's legality is based on the Qur'an and the arguments derived from its express and implied meanings. In his books there is law enforcement as a source of law which is an obsession of his thought agenda, even the most basic. Therefore, he received the title of nashir as-Sunnah (defender of tradition).In addition to the Qur'an and as-Sunnah which form a semantic organic structure, Imam Shafi'i constructed the Ijma 'on the basis of that structure until it became a tasyri text' which gained significance from the notion of a text composed of the Qur'an and -Sunnah. Likewise in qiyas, in the source of the law is taken from the text composed of the three previous bases.

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Kusmardani, Alex, Siah Khosyi’ah, Oyo Sunaryo Mukhlas, Nurrohman Nurrohman, and Usep Saepullah. "The Development of Ideas on The Reform and Transformation of Islamic Family Law Into Legislation in Islamic Countries." JURNAL SYNTAX IMPERATIF : Jurnal Ilmu Sosial dan Pendidikan 4, no. 5 (November 27, 2023): 644–62. http://dx.doi.org/10.36418/syntax-imperatif.v4i5.296.

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Family Law Reform in Muslim Countries is still a debate in the Muslim World Community because it considers Islamic Family Law and Family Law to have no equality, This article aims to know the renewal and transformation of Family Law in the Islamic world. This research is a literature, with a type of analytical descriptive research, The approach used is interdisciplinary, namely comparative, juridical, philosophical, and historical approaches, while this research source uses primary sources of secondary source Law books such as theses, dissertations, and journal articles, Results of Factors Affecting the Renewal of Islamic Family Law in the World are, Politics, Economics, Social Law, Islamic Law Reform Methods are, Siyasyah al-Shar'iyyah, Takhayyur, Takhsis al-Qhadha, The old theory of Ijtihad, Ijma, Qiyas, Maslahah Mursalah, Sadd' al-Dhari'ah The Reform of Islamic Law in the World is, Polygamy, Inheritance, Marriage Registration and Marriage Agreement The transformation of Islamic Family Law in Indonesia is Law Number 1 of 1974 concerning Marriage, State Sheet Number 1 of 1974, Supplement Number 3019/1974. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law which became a standard reference for judges in deciding cases. Law of 2002 concerning Child Protection, Law Number 23 of 2004 concerning Domestic Violence, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence and these laws and regulations are in line with Islamic Family Law

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Journal articles on the topic 'Qiyās (Islamic law)'

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