5 research outputs found

    AL-WADH` DAN CIRI TEKSTUALNYA DALAM ALQURAN

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    Penelitian ini bertujuan untuk membangun ciri tekstual al-wadh` dan menjaring ciri-cirinya dalam ayat-ayat hukum. Penelitian ini merupakan penelitian hukum dogmatis yang berangkat dari premispremishukum yang telah ada. Objek penelitian ini adalah sekumpulan ayat-ayat hukum yang diseleksi oleh penulis sendiri melalui penelitian yang lain. Ayat-ayat hukum tersebut didekati melalui pendekatan objektif dengan menggunakan ilmu nahw. Penelitian ini menunjukkan bahwa al-wadh` dicirikan oleh beberapa hal, yakni Lam ta`lil, bi, kalimat penjelasn (khabar, khabar inna, khabar kana, hal, na`t), syarat-jawab syarat, dan maf`ul bih

    Aceh Tengah: Penerapan Syariat Islam dan Problematika Kerukunan Umat Beragama

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    The research studied the problems of inter-religious freedom for minority non-Muslims in Shariah implemented region, Central Aceh. This research purposed: 1) identify the inter-religious problems faced by non-Muslims in relation to shariah implementation. 2) describe its background. 3) describe non-Muslim's adaptation to living with the problems. 4) describe government's guarantee of inter-religious freedom for a minority in Central Aceh. This research is held in Central Aceh, is a qualitative field research. To obtain its data, the research used interview, observation and document study. The research found that: 1) there are two major problems an inter-religious affair forth minority. However, those disruptions are coming forth no relation to shariah legislation in Central Aceh. 2) Those little problems found in Central Aceh, 3) the minority adapt to the problems based on the awareness of minorities to their social position, the minorities' attention to Muslims, acceptable rather than bad manner, 4) there is no specific guarantee from government of Central Aceh on religious freedom

    Para-fiqh: Bridging Thematic Fiqh to Ushūl and Ushūl’s Response to Specialization of Fiqh

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    The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal theory (Ushū al-fiqh) which is considered stagnant. However, the study of Ushū al-fiqh is, the initial gate to the discussion of legal reasoning which enables those who master it come up with theoretically correct rulings and hopefully responsive to the needs of the times. Discussing the thematic Islamic jurisprudence (fiqh) without going through the Ushū al-fiqh thinking framework may lead to a serious gap to the product of the thematic fiqh study. The thematic fiqh studies such as fiqh siyāsah (Islamic jurisprudence on constitution), fiqh munākahat (Islamic jurisprudence on marriage), and Islamic jurisprudence on health issues are not infrequently distorted from the actual context. This article offers a way of dealing with the gaps. In this case, the terminology presented is para-fiqh. Para-fiqh is a term to bridge the trend between the thematic fiqh studies and the stagnancy of Ushū al-fiqh study which, in turn, give birth to the antithesis in the form of thematic Ushū al-fiqh. This article employs the conceptual-doctrinal approach which seeks to present the problems of various classical literatures of the Muslim scholars. By scrutinizing the concept para-fiqh, it is hoped that: first, this article presents a universal legal argument on some particular legal themes; second, it explains the principles of Ushū al-fiqh to understand the thematic fiqh products. The findings emphasize that the para-fiqh concept is important for enriching the intellectual tradition of Muslim communities, as well as being a bridge between the gaps created by the study of Islamic jurisprudence (fiqh) and the study of Islamic legal theory (Ushū al-fiqh).Keywords: para-fiqh; thematic ushūl, thematic fiqh, Ushūl jināyat; Ushūl mu`āmalat
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