LAWS EXEGESIS VERSUS JURISPRUDENCE (Comparative Studies in Understanding Religious Text and the Istinbath Process of Law on Mahar)

Fiqh and Tafsir Ahkam are basic courses at the Faculty of Usuluddin and the Faculty of Sharia. These two disciplines of science are the products of ulama's legal thinking whose objects are different but inseparable from one another. Faqih (fiqh expert) and mufassir (interpreter) can sit together to solve the legal problems faced by people with their respective approaches and methods. In this paper, these two disciplines are discussed with various perspectives. Epistemologically has its own specifications, and axiologically has their respective roles in answering the problems of humanity

Pemahaman Guru Fikih terhadap Talfiq Al-Mazhab dalam Pelaksanaan Shalat di Pondok Pesantren Modern Rahmatul Asri

This paper aims to discuss the analysis of talfiq al-Mazhab for the implementation of prayer and ablution, this study uses a descriptive (qualitative) field study. The results of this study indicate that: in the implementation of worship there is no problem with talfiq (mixing one school with another in the case of worship). religion, especially in terms of worship), but when performing a prayer service using the Shafi'I School and when performing ablution using the Hanafi School, the talfiq issue is not a problem. So, in the fiqh teacher's understanding of talfiq al-Mazhab in the implementation of prayer and ablution at the Rahmatul Asri Modern Islamic Boarding School, it is "allowed". The application of schools of thought at the Rahmatul Asri Modern Islamic Boarding School in general in carrying out their worship using the Syafi'i School does not mean that they are fanatical in one school only and follow those in accordance with the Qur'an and As-Sunnah. However, in the fiqh approach, the teachers at the Rahmatul Asri Modern Islamic Boarding School, for example, in establishing an Islamic law, especially in the implementation of Worship, are of course all the opinions of the four schools of thought.This paper aims to discuss the analysis of talfiq al-Mazhab for the implementation of prayer and ablution, this study uses a descriptive (qualitative) field study. The results of this study indicate that: in the implementation of worship there is no problem with talfiq (mixing one school with another in the case of worship). religion, especially in terms of worship), but when performing a prayer service using the Shafi'I School and when performing ablution using the Hanafi School, the talfiq issue is not a problem. So, in the fiqh teacher's understanding of talfiq al-Mazhab in the implementation of prayer and ablution at the Rahmatul Asri Modern Islamic Boarding School, it is "allowed". The application of schools of thought at the Rahmatul Asri Modern Islamic Boarding School in general in carrying out their worship using the Syafi'i School does not mean that they are fanatical in one school only and follow those in accordance with the Qur'an and As-Sunnah. However, in the fiqh approach, the teachers at the Rahmatul Asri Modern Islamic Boarding School, for example, in establishing an Islamic law, especially in the implementation of Worship, are of course all the opinions of the four schools of thought

Pengembangan Karakter Toleran dalam Problematika Ikhtilaf Mazhab Fikih

The discourse of ikhtilaf is an undeniable reality. Consequently, to put forward opinion in the same agreement will likely to contradict with human nature which has been determined by Allah SWT. The different thoughts among the ulamas are actually good phenomena in Islamic teaching, which lead to Isla to be more variativ. Fiqh minded which are triggering into in-tolerancy dan discriminative character toward the other groups should be critically understood as an historical product which is very possible to be changed. This paper proposes tolerant character development in facing the difference among Islamic thought schools (mazhab fiqh) through four scopes of character education: that are, spiritual and emotional development, intellectual develompmet, physical and kinesthetic development, and affective and creativity development. These four characters will give per-ception to address the differences (ikhtilaf) among Muslims and eventually come to either tolerant or in-tolerant character.Wacana ikhtilaf merupakan suatu keniscayaan yang tidak dapat dipungkiri. Karenanya, menyamakan pendapat adalah suatu hal yang bertentangan dengan kodrat manusia yang Tuhan telah tetapkan. Perbedaan mazhab di kalangan ulama sebuah fenomena khazanah kekayaan Islam yang memberi hidup secara variatif. Fikih yang mengarah pada sikap intoleran dan diskriminatif terhadap kelompok lain sudah saatnya dibaca secara kritis sebagai sebuah produk sejarah yang sangat mungkin untuk dirubah. Tulisan ini menawarkan tentang pengembangan karakter toleran dalam menyikapi perbedaan mazhab fikih dengan melewati empat ruang lingkup pendidikan karakter, yaitu olah hati (spiritual and emotional development), olah pikir (intellectual develompmet), olah raga (physical and kinesthetic develop-ment) serta olah rasa dan karsa (affective and creativity development). Empat karakter di atas, akan memberikan persepsi kepada subjek dalam menyikapi perbedaan (ikhtilaf) yang pada akhirnya berujung pada sikap toleran ataukah intoleran

Kebebasan Perempuan dalam Memilih Calon Suami; Studi Perbandingan Antara Mazhab Syafi’i Dan Hanafi

The subject of this paper is how the freedom of women in choosing a potential husband. In general, ideas can be put forward in a society where the pattern of relationship is traditional, marriage is perceived as a social necessity which is part of the inherited social tradition. This study aims to find out how the views of the Shafi'i School and the Hanafi School of Women in choosing a husband. Whether choosing a husband candidate is a woman's absolute right or is there interference from parents. Where cases of matchmaking and the practice of forced marriage by parents of girls are still found in Indonesian society. Mazhab Syafi'i and the Hanafi School have different opinions about women's freedom to choose a husband. The Shafi'i school is of the opinion that a girl who is not yet an adult, in this case, according to him, he can marry the girl even without his permission. According to him, for a widow there must be clear consent from the person concerned. Meanwhile, according to the Hanafi School, the consent of a woman, either a widow or a girl, must be in the marriage and vice versa, if they refuse the marriage contract, it cannot be carried ou

Laws Exegesis Versus Jurisprudence (Comparative Studies in Understanding Religious Text and the Istinbath Process of Law on Mahar)

Fiqh and Tafsir Ahkam are basic courses at the Faculty of Usuluddin and the Faculty of Sharia. These two disciplines of science are the products of ulama's legal thinking whose objects are different but inseparable from one another. Faqih (fiqh expert) and mufassir (interpreter) can sit together to solve the legal problems faced by people with their respective approaches and methods. In this paper, these two disciplines are discussed with various perspectives. Epistemologically has its own specifications, and axiologically has their respective roles in answering the problems of humanity

Asas Prioritas dalam Al-Maqashid Al-Syar’iah

Maqashid syari'ah is a concept that is integrated in the value system including the vision and mission of the Islamic religion. The concept is the result of ijtihad jumhur ulama after conducting in-depth observations of the Qur'an and Hadith of the Prophet. In it contains commands that are worth the obligation to always be guarded, at the same time it is also a human right for every human being to have and enjoy. The integrated obligations and rights in this concept, of course, have a priority scale of level

Maqasid Shariah in Human Rights Perpsective

This Conference is an excellent platform to bring together the World scholars in one meeting to share and exchange views and subsequently collaborate in research and publications on the issues centered on Human Right

Rekonstruksi Sikap Toleransi dalam Bermazhab

Akidah dan syariah sebagai bagian utama dan sesuatu yang prinsipil dalam Islam harus diterima dan diamalkan apa adanya. Tidak dapat ditambah maupun dikurangi, dipahami tanpa ada perbedaan di kalangan ulama. Tidak ada satu pun ulama yang berbeda tentang keesaan Tuhan, hari akhirat dan lain-lain yang terkait dengan keimanan. Sebagaimana tidak ada ulama yang memperdebatkan kewajiban dan rakaat salat lima waktu, puasa, haramnya riba dan lain-lain yang terkait dengan syriah. Buku ini akan menjelaskan sejarah lahirnya mazhab, mazhab fiqh Islam sampai eksis dalam pengamalan umat Islam hingga kini. Selanjutnya akan menjelasaskan peran mazhab sebagai lokomotif pembawa kedamian (rahmah) bagi Islam dan umatny

Problematika Haji dan Umrah Berulang Kali Menurut Ali Mustafa Yaqub dalam Perspektif Fikih Islam

This research aims to discuss the problems of repeated Hajj and Umrah according to Ali Mustafa Yaqub from the perspective of Islamic jurisprudence. This research includes library research with a normative and methodological approach. The existing data was collected then processed and analyzed using content analysis and comparative analysis methods. The results of the research show that Ali Mustafa Yaqub's opinion in forbidding or disallowing Hajj and Umrah is repeatedly different from what is understood by fiqh scholars. The Prophet's deeds. who only performs Hajj once and performs Umrah four times not because he hates this act, but because of several other reasons behind it. The argument that social worship is more important than the Sunnah Hajj and Umrah is also inappropriate because it is only based on a textual understanding of the propositions. Every Muslim may perform the Hajj or Umrah whenever he is able to do it while taking into account the advantages and disadvantages that may occur during the journey, such as when he does not have the physical strength or funds, the atmosphere is not conducive, or for other reasons that cause someone not to be able to go at that time