Jurnal Fiqh最新文献

{"title":"مسالك الكشف عن حكمة تشريع الأحكام عند الإمام القفال الشاشي","authors":"Maad Ahmad, Muhammad Yusuf Nik Teh, Lukman Abdul Mutalib, A. Husni","doi":"10.22452/fiqh.vol19no1.1","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no1.1","url":null,"abstract":"Imam Al-Qaffāl al-Shāshi was an eminent scholar of the Shafi’i school of fiqh who emphasised on the field of reasoning (ta’lil) and the identification of the wisdom in Islamic jurisprudence. His work “Maḥāsin al-Sharī’ah” contains myriad exposition on the wisdom of rulings, including those considered irrelevant and conjectural. This article discusses the method of exposition employed by Imam Al-Qaffāl in his book. This article is crucial, as accurate knowledge in the wisdom of legislation has a significant relationship with the acceptance of a ruling. It will enhance the certainty and assurance of a Muslim, leading to more openness in the acceptance and adherence to Islamic sharia. This article aims to expose in detail the methods used by Imam Al-Qaffāl in his work. The researcher used the method of descriptive research and analysis for the study. All data in “ Maḥāsin al-Sharī’ah “ related to reasoning (ta’lil) and wisdom of legislation were collected and analysed thematically. The study found that Imam Al-Qaffāl al-Shāshi built his thoughts in the process of the identification of wisdom based on six methods which include employing evidence from the Holy Quran, hadiths, Ijma’, Fatāwa of Sahābah, logical thinking, and the agreement of Islamic scholars before him.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130376557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Custom of Dowry in Indian Sub-Continent: A Juristic Analytical Study","authors":"M. Nurunnabi","doi":"10.22452/fiqh.vol16no2.5","DOIUrl":"https://doi.org/10.22452/fiqh.vol16no2.5","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129822767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Konsep Kearifan Tempatan Menurut Perspektif Hukum Islam","authors":"M. I. Rosele, Abdul Karim Ali","doi":"10.22452/fiqh.sp2019no1.1","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.1","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127570069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pengamalan Wanita Hamil dalam Masyarakat Melayu dari Perspektif Islam","authors":"Raihan Mohd Isa, S. Man, Noor Naemah Abdul Rahman, N. Pauzi","doi":"10.22452/fiqh.sp2019no1.8","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.8","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126247981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hukuman Buang Daerah di Malaysia: Satu Sorotan dari Perspektif Kearifan Lokal","authors":"Shahidra Abdul Khalil, A. Aziz, Abdul Karim Ali","doi":"10.22452/fiqh.sp2019no1.2","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.2","url":null,"abstract":"Banishment (taghrīb) is one of the many punishments prescribed under Islamic criminal law. It serves as a type of punishment under hudud by the majority of jurists, imposed on unmarried persons for committing adultery, in addition to hundred lashes. In its early implementation, the adulterer whether a man or a woman, will be banished to other districts or countries. However, this punishment was interpreted differently by the Hanafis and Malikis who had expanded it into the form of detention or imprisonment. In the Federation of Malaya (Tanah Melayu), the implementation of the punishment in its conservative form for the same offence was stated in several law manuscripts. However, during the British colonization, these laws were replaced while during * Postgraduate Student, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, kotakminda@yahoo.com ** Senior Lecturer, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, shahidra@um.edu.my *** Associate Professor, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, abdkarim@um.edu.my 26 Jurnal Fiqh, Vol. 16 No. 1 (2019) 25-56 the post independence era, some punishments similar to banishments were still in existence and according to current development align to the Hanafis and Malikis. The purpose of this paper is to review the implementation of the banishment law from its original form to its current form which is developed based on Hanafis and Malikis and practised in the Malaysia law. This research used the content analysis and comparative methods in summarizing the data collected from the text and documents. The research suggests that this punishment evolved to different forms as a result of several elements impacted by social, geographical and geopolitical factors. Nonetheless, elements of local wisdom such as considering the appropriateness of the banishment area (locality and social environment) and monitoring of the convicts have influenced the form of punishment. In Malaysia, the law of banishment has been re-accepted for several different offences after being regarded as outdated and irrelevant in modern days. Elements of local wisdom can be seen in its reimplementation with the adaptation of certain technology which enhances its implementation in tandem with the advancement in science and technology. In this case, local wisdom plays a significant role in assuring Islamic laws are relevant regardless of time and place and in accordance to the local context.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125897332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pendekatan Tempatan dalam Mendepani Isu -Isu Penentuan Waktu Solat","authors":"Nurul Kausar Nizam, M. Nawawi, S. Man, Raihana Abdul Wahab, Nurulhuda Ahmad Zaki","doi":"10.22452/fiqh.sp2019no1.6","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.6","url":null,"abstract":"Basically, the determination of times for the five daily obligatory prayers according to an Islamic astronomy perspective is based on the rotation of the earth around the sun. It is not practical and effective if determination of worship times for the five obligatory prayers, fasting during Ramadhan and period for hajj are depend on observations of the naked eye on celestial movements as it is difficult. Nowadays, knowledge of modern calculation advancements by using the scientific trigonometry formula and computerised calculation is more compatible thus rendering it easier to calculate the times for worship. This study aims to identify the related issues and problems in determining prayer times through a local approach. Through a qualitative study, the findings of this paper indicate that local researchers have made several significant contributions in solving related issues such as determining the times of Fajr and Isya and prayer time calculations by using prayer time software, zones, prayer time guidelines in the International Space Station (ISS) and determining prayer times on airplane.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127253534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cabaran dan Elemen Kearifan Tempatan dalam Pensijilan Halal di Malaysia","authors":"Norhidayah Pauzi, S. Man","doi":"10.22452/fiqh.sp2019no1.7","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.7","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114613206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kearifan Tempatan dalam Fiqh al-At'imah di Alam Melayu","authors":"Muhammad Ammar Harith Idris, Mohd Anuar Bin Ramli, Mohamaddin Abdul Niri","doi":"10.22452/FIQH.SP2019NO1.3","DOIUrl":"https://doi.org/10.22452/FIQH.SP2019NO1.3","url":null,"abstract":"The consumption of halalan tayyiban food is a religious requirement in Islamic law. The advent of Islam which was guided by the revelations (wahy) shaped the features of halal food cultures among local society. The result of interaction between the revelations and the local cultures created a mutual relationship in establishing the halal food culture. The accommodating and adapting processes are seen in the banning of various forms of prohibited food, such as pork, wine, carcasses, blood and such. It is present in the acceptance of local tastes (istitabah al-Malayuwiyyah) in food consumption, as in the exotic foods of local communities such as tapai, pekasam, budu, tempoyak which undergo the process of fermentation; as well as local exotic * Postgraduate Student, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, ammar.harith94@yahoo.com ** Senior Lecturer, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, mohdanuar@um.edu.my *** Senior Lecturer, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, mohammaddin@um.edu.my","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128661782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kearifan Tempatan dalam Pendidikan Kanak-Kanak: Sorotan Terhadap Garis Panduan Hukuman Rotan di Kementerian Pendidikan Malaysia (KPM)","authors":"Siti Amalina Ahmad Khairudin, Shahidra Abdul Khalil, Mumtazah Narowi","doi":"10.22452/fiqh.sp2019no1.4","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.4","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133602070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Pemakaian Pendapat Fiqh Mazhab Syafie dalam Pandangan Hukum Halal Haram Aditif Makanan di Malaysia","authors":"R. Ahmad, Nor Fahimah Mohd Razif, Tuan Sidek T.M","doi":"10.22452/fiqh.sp2019no1.5","DOIUrl":"https://doi.org/10.22452/fiqh.sp2019no1.5","url":null,"abstract":"Food additives are among the important items used in the current food industry. These are substances added to food for various purposes such as preservation, giving flavor, retaining nutritional values, maintaining freshness and safety, increasing affordability and convenience and improving taste or appearance. As science and technology develop rapidly in producing different additives with multiple uses , there is a need to determine rulings on halal. Hence, this study is conducted to analyze the extent to which the Shafi’ite views are applied in the determination of halal rulings on additives in Malaysia. This study adopts a qualitative method whereby data collection is taken from various written materials related to halal rulings in Malaysia, scholars’ opinions and other related documents. The results of the analysis show that the Shafi’ite views greatly influenced halal rulings on additives in Malaysia. However, in certain cases, the views of other fiqh schools are also applied for the reason of maslahah. The domination of Shafi’ite views on halal additives in Malaysia demonstrates how local wisdom has been manifested and applied wisely by Malaysian Muslim scholars.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117130005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}