Ishlah dalam Takharuj Menurut Hanafiyah Versus Ishlah dalam Kompilasi Hukum Islam (Analisis Kebijakan Hukum)

This study aims at analyzing the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs. The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith

ISHLAH DALAM TAKHARUJ MENURUT HANAFIYAH VERSUS ISHLAH DALAM KOMPILASI HUKUM ISLAM (ANALISIS KEBIJAKAN HUKUM)

This study aims at analyzing  the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs.  The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith

Pemikiran Muhammad Syahrur tentang Wasiat

Muhammad Syahrur viewed the ulama’s understanding of testaments as being very raw and stagnant so that it did not provide room for movement in resolving later cases. Therefore he suggests new ideas related to the testament which would symbolize that the Koran was indeed “shâlihun lî kulli zamân wa makân”. Syahrur sees the position and application of the testament more than the inheritance. The istinbath method of the Shahrur law is only of two kinds, which are sourced from the Koran and the Sunnah. The difference in views of Shahrur is based on his views on the Koran and the Sunnah which are different from the majority of scholars. In studying the Koran he also relied on sever- al approaches namely: linguistic, philosophical and intra-textual. The thought brought by Syahrur was in contradiction with classical scholars. Therefore, Syahrur’s opinion cannot be freely adopted in responding to the reality of fiqh today and is not one of the forms of renewal of Islamic law. However, what Syahrur did in the testament issue must not all be rejected outright, but there are parts that can be adopted in applying the will law

The Productivity of West Sumatra Muhammadiyah Cash Waqf as a Model for the Development of Sharia Investment in Empowering UMKM

Muhammadiyah is one of the organizations that initiated the development of cash waqf in West Sumatra. This institution experienced many obstacles because cash waqf is a new thing in society. People's understanding of waqf objects so far is in the form of objects that are not used up. This study aimed to explore the West Sumatra Muhammadiyah cash waqf's productivity to develop sharia investment and micro, small and medium enterprises in Padang. This research is a field research study with a qualitative approach. The data is in the form of primary data obtained through in-depth interviews with selected informants through snowball sampling?secondary data as supporting data to complete information and theory about cash waqf. Data analysis used an interactive model of qualitative analysis with data reduction, data presentation, verification, and conclusion. The findings of this study indicate that the productivity of cash waqf carried out by the West Sumatra Muhammadiyah Cash Waqf Board is in the form of capital investment and work (business). However, development in the form of work or business has not been fully implemented. This is not due to constraints in development efforts but in the productivity of micro and small businesses caused by unprofessional management and the lack of other development models that are more appropriate to make the business productive for each of the various productive investment units. Investments that are made and can produce waqf funds are more in the form of capital investment than work investment

PEMIKIRAN MUHAMMAD SYAHRUR TENTANG KEWARISAN KALÂLAH DAN RELEVANSINYA TERHADAP PEMBARUAN HUKUM ISLAM

This  study  aims  to  analyze  Muhammad  Syahrur's  thoughts  about  the  inheritance of kalâlah and compare with the opinion of the ulema's jumhur 'and their relevance to the renewal of Islamic law.  This research is a normative legal research or library research using secondary data.  The results of this study revealed that: first, Syahrur  interpreted  kalālah  with  someone  who  died  but  did  not  have  children,  both boys  and  girls  and  did  not  have  grandchildren,  male  or  female,  and  did  not  have  a father  or  mother  and  grandfather  or  grandmother.    Secondly,  in  the  case  of  the application  of  the  distribution  of  the  inheritance  of  kalâlah  obtained  by  the  heirs, Syahrur  distinguishes  the  method  of  the  distribution  of  kalālah  assets  in  two conditions,  namely  the  first  and  the  second  kalālah  conditions.    Third,  Syahrur's thoughts  on  the  inheritance  of  kalálah  cannot  be  categorized  as  renewal  in  Islamic law  because  there  is  already  a  thought  that  is  almost  simultaneously  with  the  pre- existing  scholars  namely  Hazairin,  one  of  Indonesian  Islamic  jurists  who  adheres  to the concept of bilateral inheritance, especially regarding the inheritance of kalálah.  Keywords: Muhammad Syahrur, kalâlah inheritance, renewal of Islamic law.

ISHLAH DALAM TAKHARUJ MENURUT HANAFIYAH VERSUS ISHLAH DALAM KOMPILASI HUKUM ISLAM (ANALISIS KEBIJAKAN HUKUM)

This study aims at analyzing  the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs.  The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith

Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah

This research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qath'i, and the principle of ijbari in inheritance

TINJAUAN HUKUM ISLAM TERHADAP HAK KEAGAMAAN PENYANDANG DISABILITAS DALAM UNDANG-UNDANG RI NO 8 TAHUN 2016 DAN PENERAPANNYA DI KOTA PADANG

This paper aims to find out the review of Islamic law on the religious rights of persons with disabilities in the RI Law No. 8 of 2016 and its application in the city of Padang. This research is a field research. Data collected through interviews conducted in the city of Padang, namely the Office of the Ministry of Religion of the city of Padang, the Office of the Mayor of Padang, the Social Service of the city of Padang. The results of this study are the review of Islamic law on the religious rights of persons with disabilities in Law No. 8 of 2016 does not conflict with Islam, while the application of the religious rights of persons with disabilities, especially those who adhere to Islam in the city of Padang has not been maximally fulfilled with facilities that have not been fully implemented. inadequate and inadequate aspects of services for persons with disabilities and human resources that have not been maximized in teaching Islamic religious education

KAJIAN TEMATIS TENTANG LARANGAN PEREMPUAN HAID MASUK MESJID DAN MEMBACA AL-QUR’AN

The research’s aim is to present a thematic study of the prohibition of menstruating women to come inside the mosque and recite Al Qur’an. It is based on certain hadith with various Islamic histories.  The analysis of mufradat and the content of hadith are used to reveal its prohibition. The method used in this research was library research or documents with a Maudhu'iy (thematic) approach. The results of this research concluded that menstruating women and Junub people are not forbidden to come inside the mosque for any reasons as long as they can keep their menstrual blood was not scattered in the mosque. It was based on several hadith proposed by Ibn Hazm and Aisyah. The reasons given by Ibn Hazm are relevant to the conditions of the present age. While reciting al-Qur'an, there is no single valid hadith stated by Imam al-Bukhari. It can be assumed that menstruating women may recite Al Qur'an. If they are forbidden to recite Al Qur'an and do dhikr, then she will be far from Allah as quoted in the hadith from Aisyah as explained that the prophet will always remember Allah all time