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Muhammad Sauqi; Muhammad Syarif Dibaj; Siti Aisyah; Nuril Aulia Ramadhan M; Rohana Rohana

AL-MUSTAQBAL: Jurnal Agama Islam 2026 STIKes Ibnu Sina Ajibarang

The concept of naskh and mansukh is one of the most crucial methodological instruments in the discipline of Ushul Fiqh, serving to dissect the dynamics of Islamic law determination (tasyri') diachronically. This article aims to comprehensively analyze how the mechanism of naskh operates within the Al-Qur'an and Hadith and its juridical implications on the process of istinbath (deduction) of Islamic law. The urgency of this study lies in the fact that a flawed understanding of the abrogated verses can lead a mujtahid to establish laws that are juridically expired. Utilizing a qualitative-normative research method with a socio-historical approach, this article explores the classifications of naskh, ranging from the sharp debate over the Sunnah's authority to abrogate the Al-Qur'an to the fundamental differences between naskh, takhshish, and taqyid. The analysis also encompasses a comparative study of the views among the four major schools of thought (Hanafi, Maliki, Syafi'i, and Hanbali) in responding to conflicting evidences. The findings indicate that naskh is not an indication of inconsistency within Divine revelation, but rather a manifestation of the principles of tadarruj (gradualism) and taysir (facilitation) that accommodate the mental readiness of the community and the welfare of human beings. Practical implications of this concept are found in the evolution of laws concerning the direction of the qiblah, the iddah period, and the prohibition of khamr. Through a profound understanding of naskh, Islamic law demonstrates its elasticity in addressing contemporary challenges without losing its divine substance. In the modern era, this principle can be actualized in national legislative drafting through gradual regulatory methods.

Muhammad Fahrol; Mhd Haikal

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The pillars of marriage as a requirement for the validity of a marriage, include fundamental elements that must be present in the marriage contract process. The four major schools of thought in Islam, namely Hanafi, Maliki, Syafi'i, and Hambali, have different views even though the basic principles of the pillars of marriage are generally different. This difference arises due to differences in the ijtihad method and the social context faced by each school of thought, although all are based on the Qur'an, Hadith, and ijma' (consensus of scholars) which have been widely accepted in Muslim society. This study focuses on a comparison of the pillars of marriage according to the four main schools of thought in Islam. The research method used is library research. Based on this study, the results obtained are that the pillars of marriageaccording to 4 schools of thought are: first, the Hanafiyah school consists of ijab and qabul. Second, the Malikiyyah school consists of the woman's guardian, dowry, the husband is not in ihram, the wife is not in ihram and is not in the 'iddah period, and shigat. Third, the Syafi'iyyah Madzhab consists of a husband, wife, guardian, two witnesses, and sighat. Fourth, the Hanabilah Madzhab consists of husband and wife, consent and qabul.

Berliana Aliefia Putri; Fatkul Chodir

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The results of this research are: Judging from the Syafi'i madzhab fiqh related to the contents of the decision in case Number 1835/Pdt.G/2023/PA.Mr which includes child support and implementing the policy in article 14 of the Supreme Court Circular Letter Number 3 of 2015 regarding increases child support is 10% per year of the specified amount excluding education and health costs, which is not in accordance with the theory of fiqh of the Syafi'i school of thought. In the Syafi'i school of fiqh there is no special provision that regulates the increase in the amount of child support by 10% every year after divorce. The child support decision in case Number 1835/Pdt.G/2023/PA.Mr, which experienced an increase of 10% per year in long-term calculations, is increasingly increasing and making it difficult for the father's economy to meet the child's support demands.

Nur Hikmah Hasibuan

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research aims to find out the punishment for thieves according to the Syafi'i school of thought. And to find out the punishment for thieves according to az-Zahiri. And to know the differences and similarities between madzhab opinions. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, the results of studies related to the research to be carried out. The results of the research show that the punishment for thieves in the Syafi'i school of thought is cutting off their hands. If the thief has been charged by the law (mukallaf), not under duress, the thing stolen is not an item of doubt, and the theft did not occur during a war in the way of Allah. Likewise, stolen goods are taken secretly or secretly, the thing taken is property, the property belongs to/belongs to someone else, and the stolen property reaches the nisab. With a minimum limit on the price of the stolen goods, it is a quarter of a dinar, and simplified to Rp. 812,500,-. The similarity between the Shafi'i and az-Zahiri schools of thought is that the punishment for thieves is cutting off their hands. And the legal basis for theft is Surah al-Maidah verse 38. Meanwhile, the difference is in the nominal amount of the item stolen and the location of the item stolen. The Syafi'i Madzhab requires that the minimum price for stolen goods be a quarter of a dinar. If it is less than that then you will be subject to ta'jir. Meanwhile, az-Zahiri did not question the nisab of these goods because of the generality of the verse. And according to the as-Safi'i school of thought, the goods must be in a special place, while az-Zahiri does not have to place the goods in a prepared place.    

Zahrotun Nisa, Isma; Masrokhin

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2023 CV. ALIM'SPUBLISHING

The aim of this research is to make a comparison of compensation law (‘iwadh) in khulû’ (talak law) from the perspective of the Syafi'i School and the Islamic Law Commission (KHI). Khulû' is a form of divorce in which the wife can ask for a divorce by giving compensation to the husband. In the Syafi'i Madzhab, the rules regarding 'iwadh and khulû' are taken from the interpretation of the Al-Quran and Hadith, while KHI is a collection of laws that apply in certain countries. This study uses a comparative analysis method between the two sources of law. The results of the study show that there are different approaches to regulating compensation law in khulû'. The Syafi'i school tends to emphasize the benefit of the parties involved in the divorce, so that compensation limits can be more flexible. On the other hand, KHI may have more specific and structured provisions regarding compensation in khulû', which are adapted to the social and cultural context of the country. This research is expected to provide a deeper understanding of the different perspectives of Islamic law regarding khulû' and compensation law, as well as their implications for legal practice in modern society.

Zaenol Hasan

Perspektif: Jurnal Pendidikan dan Ilmu Bahasa 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This paper discusses shirkah, which is where two people pool their assets to transact so that both owners can benefit. It also explains the sources of law, the pillars of shirkah, the conditions of shirkah, the kinds, types, and the end of shirkah. The method used is literature review. The literature used is sourced from the Qur'an, hadith, opinions of fuqaha, and opinions of Islamic legal experts.   Keywords: , , opinions

Fawaid Fawaid

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Online buying and selling is a buying and selling practice that makes it very easy for both parties to carry out transactions, this is because online buying and selling transactions can be carried out without face to face. But often this convenience is utilized by irresponsible parties, so that it can harm other parties. Nevertheless, online buying and selling is very popular and has become a habit in shopping by the Indonesian people. So in this study, researchers used the perspective of the Shafi'i madzhab in examining the law of online buying and selling.