发布求助
文献互助 智能选刊 最新文献

IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran最新文献

筛选
英文 中文
EMERGENCY CRITERIA FROM THE MAQĀṢID PERSPECTIVE 从maqĀṢid的角度看紧急情况标准
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2023-06-27 DOI: 10.22373/ijomafim.v2i1.2936
Jabbar Sabil
{"title":"EMERGENCY CRITERIA FROM THE MAQĀṢID PERSPECTIVE","authors":"Jabbar Sabil","doi":"10.22373/ijomafim.v2i1.2936","DOIUrl":"https://doi.org/10.22373/ijomafim.v2i1.2936","url":null,"abstract":"Ulemas agrees that emergency conditions result in legal relief, but they use different methods in formulating emergency criteria. An emergency is a distress condition that threatens the primary needs in human life, but sometimes in an individual case, the secondary need rise to become primary. Therefore, an emergency criterion includes both primary and secondary that rise to become primary. This fact led Ibn 'Abd al-Salam to use the approximation method. If the secondary distress conditions approach the primary distress conditions, this is a reason to apply for legal relief. As for al-Syāṭibī, he formulated an emergency condition based on the customs in society. This study found that these two methods integrated into two stages of research in contemporary ijtihad methods. The first is the descriptive stage, in which the mujtahid describes the reality so the emergency becomes concrete and measurable. The second is the prescriptive stage, in which emergency conditions can convert into the Sharia emergency criteria that mujtahid can determine for legal relief.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130934983","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}
引用次数: 0
LEGAL BASIS OF IMPOSING SANCTIONS ON ILLEGAL PARKING RETRIBUTION COLLECTORS FROM THE MAQĀṢID PERSPECTIVE 从maqĀṢid的角度对违章停车追讨者进行处罚的法律依据
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2023-06-27 DOI: 10.22373/ijomafim.v2i1.3056
T.M. Rianda Isnawan
{"title":"LEGAL BASIS OF IMPOSING SANCTIONS ON ILLEGAL PARKING RETRIBUTION COLLECTORS FROM THE MAQĀṢID PERSPECTIVE","authors":"T.M. Rianda Isnawan","doi":"10.22373/ijomafim.v2i1.3056","DOIUrl":"https://doi.org/10.22373/ijomafim.v2i1.3056","url":null,"abstract":"The phenomenon of illegal parking fees in Banda Aceh City has caused public unrest. Unfortunately, the authorities cannot take action because there are no rules. In the context of the Sharia Law implementation in Aceh, the qanun (law) that enforces must have a basis of shar'ī sovereignty. Therefore, this study examines the legal basis for imposing sanctions on collectors of illegal parking fee from the perspective of maqāṣid al-sharīa. This study is a normative legal research that using the maqāṣidī approach. The researcher found that the City of Banda Aceh Qanun Number 4 of 2012 did not contain sanctions against collectors of illegal parking retribution, even though the collectors of illegal parking fees take advantage of this qanun. The researchers found that fake collectors must to punish because of acts of treason against the state. The legal basis is the specific purpose of the Shari'a (maqāṣid al-khāṣṣah) contained in verse 105 of Surah an-Nisa'. This study concludes that the government must not defend traitors, so government must impose sanctions.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123363636","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}
引用次数: 0
ATTACHING NOSE TO THE PLACE OF PROSTRATION 把鼻子贴在匍匐的地方
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2771
Nur Najihah Aula Binti Tajul Ashikin
{"title":"ATTACHING NOSE TO THE PLACE OF PROSTRATION","authors":"Nur Najihah Aula Binti Tajul Ashikin","doi":"10.22373/ijomafim.v1i2.2771","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2771","url":null,"abstract":"The government has implemented health protocols to limit the spread of Covid-19, including wearing masks. However, problems arise when wearing a mask while praying. According to the Ḥanbalī school of thought, this prayer is invalid. On the other hand, according to the ulemas of the al-Syafi'ī school, prayers are still valid even if a mask is covered the nose. The author is interested in examining the opinions and methods of these two schools with a comparative legal approach. The authors found that most ulemas of Ḥanbalī schools stated that the nose is a part of the body that must be attached to the place of prostration in prayer. The ulemas of the al-Syafi'i school state that only the forehead must touch the place of prostration, while the nose is only a suggestion. The ulemas of both schools use linguistic (lughawiyyah) and causation (ta‘līl) methods, but the results are different. It happens because of differences in the editorial hadith used as a source of law. The author concludes that the ulemas of these two schools have such tendencies about different editors' hadiths choosing.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132037023","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}
引用次数: 0
FRIDAY PRAYER FOR THE PEOPLE WHO DO NOT GET RUKUK WITH THE IMAM IN THE SECOND RAKAAT 周五的祈祷，为那些在第二节课上没有得到伊玛目的人祈祷
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2827
Cut Intan Zakiya
{"title":"FRIDAY PRAYER FOR THE PEOPLE WHO DO NOT GET RUKUK WITH THE IMAM IN THE SECOND RAKAAT","authors":"Cut Intan Zakiya","doi":"10.22373/ijomafim.v1i2.2827","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2827","url":null,"abstract":"The Friday prayers must perform in the jamaah (congregation), so it is not valid if someone does not get the jamaah, but ulemas differ on the criteria of it. According to Hanafi scholars, a person is considered in congregation prayer, even if only at the end of the Friday prayer. Meanwhile, according to the ulemas of the al-Syafi'ī school, a person is considered in the congregation if he has time to bow with the imam in the second rak'ah. The author examines the opinions and istinbat methods used by these two schools of thought with a comparative approach. It found that these two schools used the lughawiyyah method of istinbat, but the Hanafi school also used the causation method (ta'līlī). Each school adheres to the Hadith but differs in the editorial and transmission lines so that different interpretations. On the other hand, the Hanafi school of thought performs the qiyās of the Friday prayer with the traveler's prayer, that is, from the point of view of participating in the prayer of the imam together.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115333657","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}
引用次数: 0
PROCEDURE FOR THE ECLIPSE PRAYER 日食祈祷程序
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2763
N. Nurfitri
{"title":"PROCEDURE FOR THE ECLIPSE PRAYER","authors":"N. Nurfitri","doi":"10.22373/ijomafim.v1i2.2763","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2763","url":null,"abstract":"The ulemas agree that in Islamic Sharia, there is advice to perform eclipse prayers, but they differ in opinion about the procedures for its practice. This study compares the views of the Ḥanafī, Mālikī, al-Syāfi'ī, and Ḥanbalī schools of thought regarding the eclipse prayer procedures and the arguments used. This study is a normative legal research with a comparative approach and included in the literature research. This study found that the Ḥanafī school considers the procedure for performing the eclipse prayer the same as other prayers, while the Mālikī, al-Syāfi'ī, and Ḥanbalī schools distinguish it. The Ḥanafī school determines how to pray the eclipse based on general instructions from the Hadith, while the Mālikī, al-Syāfi'ī, and Ḥanbalī schools refer to detailed hadiths. ‘Āisyah narrated that during the eclipse prayer, Prophet Muhammad recited Surah al-Fatihah twice, bowed twice, stood up twice, and prostrated twice. This study concludes that the Ḥanafī school tends to decisions making based on general propositions.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121182945","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}
引用次数: 0
EMPOWERING MAQĀṢID AL-SYARĪ‘AH
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2757
Jabbar Sabil
{"title":"EMPOWERING MAQĀṢID AL-SYARĪ‘AH","authors":"Jabbar Sabil","doi":"10.22373/ijomafim.v1i2.2757","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2757","url":null,"abstract":"Some contemporary Muslim scholars try to utilize maqāṣid as an istinbat method, including fiqh al-maqāṣid proposed by Yusuf al-Qaraḍawī and fiqh al-maṣāliḥ offered by Fatḥī al-Duraynī. Unfortunately, fiqh al-maqāṣid cannot be operated as a method because its character is axiology. In addition, the abstract nature of maqāṣid makes it not applicative, except as a moral guide. Therefore, Ibn 'Āsyūr proposed the discovery of maqāṣid at a specific level, namely maqāṣid al-syarī'at al-khāṣṣah. Meanwhile, fiqh al-maṣāliḥ also experiences problems because of its descriptive characteristics, even though the legal istinbat method demands prescriptive results. The solution for this problem is combining the two offerings and then integrating them into an istinbat methodology which is composed of two stages of research; the descriptive stage and the prescriptive stage. This method is built based on the means-end model (wasā'il-maqāṣid), where maqāṣid is the approach in it. This study uses philosophy as a method and epistemology as an approach.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131409904","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}
引用次数: 0
THE DEFINITION OF FUNERAL PRAYER 葬礼祈祷的定义
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2762
Laitani Fauzani
{"title":"THE DEFINITION OF FUNERAL PRAYER","authors":"Laitani Fauzani","doi":"10.22373/ijomafim.v1i2.2762","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2762","url":null,"abstract":"The funeral prayer was performed without bowing (ruku‘) and prostrating (sujud), resulting in differences in defining the funeral prayer, including between Imam al-Syāfi'ī and Ibn Jarīr aṭ-Ṭabarī. This study aims to answer two research questions: 1) what is the definition of funeral prayer according to al-Syāfi‘ī and Ibn Jarīr aṭ-Ṭabarī? 2) which are the istinbat methods used by both of them? This study is a normative legal research with a comparative approach. In this study, the authors used library research methods.. The results of this study indicate that Imam al-Syāf''ī and the majority of scholars interpret the word ‘prayer’ in ḥaqīqī meaning, and they say the funeral prayer is the same as any other prayer. Meanwhile, Muḥammad ibn Jarīr aṭ-Ṭabarī interprets the word ‘prayer’ at the funeral prayer in a majāzī manner. According to him, a funeral prayer is just a form of prayer because is no bowing and prostration in its implementation. As a result, ablution (wuduk) is not an obligation that must carry out before carrying out the funeral prayer.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132751155","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}
引用次数: 0
PRAYER BEHIND THE IMAM OF DIFFERENT MAZHAB 不同马扎布的伊玛目背后的祈祷
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-12-27 DOI: 10.22373/ijomafim.v1i2.2783
Anas Naufal Bin Ahmad Khadri
{"title":"PRAYER BEHIND THE IMAM OF DIFFERENT MAZHAB","authors":"Anas Naufal Bin Ahmad Khadri","doi":"10.22373/ijomafim.v1i2.2783","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i2.2783","url":null,"abstract":"Imam al-Qaffāl (d. 417 H), who lived in the 5th century Hijriyyah, stated that prayers behind imams of different madhabs are valid because the benchmark is the legal requirements for prayers according to the imam. Whereas Ibn Ḥajar al-Haytamī (d. 974 H), who lived in the 10th century Hijriyyah, stated that it was invalid if the imam did something that caused the prayer invalid according to the makmum. The author examines these two opinions with a comparative approach from the perspective of fiqh al-ikhtilāf. The concept is the difference as diversity or difference as opposition. It has revealed that these two opinions must be moderate. On the one side, the makmum must be careful of imams who are much more proud of their personal or group opinions. On the other side, they must be kind to the imam. It has to consider that the differences cannot to eliminated, so the authors conclude that the best solution is to moderate between the imam's perspective and the makmum's. Thus, differences of opinion become a blessing for the people.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126713399","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}
引用次数: 0
THE ONTOLOGY OF THE MAQĀṢID maqĀṢid的本体
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-08-12 DOI: 10.22373/ijomafim.v1i1.1969
Jabbar Sabil
{"title":"THE ONTOLOGY OF THE MAQĀṢID","authors":"Jabbar Sabil","doi":"10.22373/ijomafim.v1i1.1969","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i1.1969","url":null,"abstract":"Maqāṣid al-syarī'ah will always be controversial if the study of its ontology is not complete. On the one hand, maqāṣid is God's 'intention' there is inaccessible to humans, so it cannot be known. On the other hand, maqāṣid is the benefit (maṣlaḥat) 'aimed to' by the Shari'a, and it is abstracted in the Qoranic legal verses. The problem is, what is the maqāṣid ontology so that it can be known and there is a way to find out objectively? For this reason, this study uses philosophy as an approach and method. As a result, this study concluded that the nature of maqāṣid as the 'intention' of the Shari'a is the goals (maṣlaḥat) contained in the Islamic legal system. The ontology of maṣlaḥat as the 'goal' by the Shari'a is concepts in the form of ethical or pragmatic values. Finally, this article concluded that the maqāṣid ontology is the axiological values ​​'aimed to' by Shari'a. The axiological values must be used as the goal by humans so that their lives are in accord with Shari'a.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129161702","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}
引用次数: 0
OBLIGATION TO PRAY FOR MEDICAL STAFF USED PERSONAL PROTECTIVE EQUIPMENT (PPE) 为使用个人防护装备的医务人员祈祷的义务
IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran Pub Date : 2022-06-27 DOI: 10.22373/ijomafim.v1i1.2756
Mohamad Amzarul Nidzar Bin Zakaria
{"title":"OBLIGATION TO PRAY FOR MEDICAL STAFF USED PERSONAL PROTECTIVE EQUIPMENT (PPE)","authors":"Mohamad Amzarul Nidzar Bin Zakaria","doi":"10.22373/ijomafim.v1i1.2756","DOIUrl":"https://doi.org/10.22373/ijomafim.v1i1.2756","url":null,"abstract":"One of the conditions for prayer is purification, either by ablution or tayammum, but there are situations where people cannot purify due to an emergency. Among them are medical staff who wear Personal Protective Equipment (PPE) to treat Covid-19 patients. This article compares the opinions of the Ḥanafī, Mālikī, Syāfi‘ī, and Ḥanbalī schools of thought about praying without purification due to an emergency. This study is a normative legal research that uses a comparative approach and is a type of literature research. This study finds that the Mālikī school of thought considers purification as the condition of obligatory prayer, so there is no obligation to pray for those hindered from purification. As for other schools of thought, purification is a condition for the validity of praying, so prayer is still obligatory even without ablution or tayammum. The author concludes that praying is still an obligation for medical staff who wear PPE. However, he must act according to the situation he experienced because he can join two prayers at one time.","PeriodicalId":304169,"journal":{"name":"IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran","volume":"41 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133017695","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}
引用次数: 0
下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信