Syariah: Journal of Fiqh Studies

The Implementation of Al-Mawardi's views on Hisbah System in Islam

2024-05-04T19:02:08+00:00

This study aims to identify Imam Al-Mawardi’s views on the Hisbah system in Islam and practice (andi the ‎practice) of the system. Imam Al-Mawardi was one of the first scholars to speak in his work about the ‎importance of Hisbah thought in Islam. As for the method used to achieve the objectives of this research, it ‎is the method of analysis based on the content, which is based on the method of qualitative research, and ‎the analysis is based on his ideas about the Hisbah, from his books, Al-Ahkam Al-Sultaniyyah, Al-Rutbah fi ‎Thalab Al-Hisbah, Adab Al-Dunya wa Ad-Din, and other things. Based on the results of this research, it ‎ is clear that Hisbah, according to Imam Al-Mawardi, is divided into two parts: the ‎authority to call for good (enjoin what is right) and prevent evil (forbid what is evil). These two sections are ‎divided into three important elements, which are related to the pure and pure rights of God, pure and ‎purely human rights, and the rights of those who are dual. Al-Mawardi believes that the ‎Hisbah has the authority to determine discretionary punishments for violators of Islamic law and violators ‎of the public interest, but it is limited and does not have the authority to determine Hadd punishments. The ‎course of this study attempts to provide a basic framework for hisbah from the point of view of Imam Al-‎Mawardi, which can be referred to in the application of hisbah today in government.

Implementasi Ḥudūd di Indonesia Menurut Abdullāh bin Bayyah

2024-05-03T17:51:45+00:00

The debate regarding ḥudūd creates differences in opinions among muslims. Some believe it is necessary to apply ḥudūd as an inseparable part of Shari'a without considering the context. Others argue that this concept needs to be reinterpreted according to current times. There are also moderate views that try to harmonize the two perspectives, including the view of Abdullāh bin Bayyah, who emphasizes harmonization between text and context to achieve a balanced understanding. Therefore, this research aims to analyze Abdullāh bin Bayyah's views on ḥudūd and the relevance of his views to criminal law in Indonesia. To achieve these objectives, the method used in the research is content analysis, which is classified as a qualitative method whose analysis is descriptive. Abdullāh bin Bayyah saw ḥudūd as part of Allah's noble law to prevent evil. ḥudūd punishment is considered superior in handling serious crimes. However, its implementation involves a serious evaluation of legal aspects such as causes, conditions, and māni' (hindrances). Before applying ḥudūd, it is necessary to tahqīq al-manāṭ to understand its consequences. Abdullāh bin Bayyah's view has relevance to criminal law in Indonesia, his view gives legitimacy to the Criminal Code as long as the risk of mafsadah enforcing ḥudūd is greater than not enforcing it. Even though ḥudūd has not been implemented in Indonesia, this view does not eliminate the possibility that the government and legislators continue to be responsible for understanding and analyzing reality according to current developments.

Analisis Terhadap Gaji Buruh dalam UU No. 6 Tahun 2023 Perspektif Maqāṣid Syarīʻah Ibnu ‘Āsyūr

2024-05-06T02:16:23+00:00

UU no. Year 11, 2020, concerning the Working Section, was declared conditionally unconstitutional by the Constitutional Court for two years and must be corrected by the law-drafting body. To hear the Constitutional Court's decision, the government issued Perppu No. 2 of 2022, concerning the Ciptaker. On March 31, 2023, Perppu was ratified under Law No. 6 of 2023. However, according to the president of the Labour Party, Ir. H. Said Iqbal, S.T., and M. E. stated that UU has the right to pay a minimum price. I have nothing to do with the Ramadan Problem. The legal construction of Law No. Year 6, 2023: Concerning Work on Workers ' Salaries in Indonesia. Second, what is the perspective of Ibn ʻĀsyūr's maqaṣid syarīʻah regarding workers' salaries based on Law no. 6 of 2023 concerning work. This research aims to analyze Ibn ʻĀsyūr's maqaṣid syarīʻah thoughts regarding workers' salaries based on Law no. 6 of 2023 concerning work. To achieve these objectives, qualitative descriptive research was conducted through a literature review using a legal hermeneutical analysis. As a result, in terms of legal construction, there are articles regarding the procurement and remuneration of wages that are controversial, namely Article 88C paragraph (2), Article 88D paragraph (2), and Article 88F. When the house was closed, Ibn ʻĀsyūr, regarding workers' salaries based on law, stated that the government was obliged to establish minimum wage regulations to ensure a living wage for workers.

Moderasi Beragama Perspektif Maqashid Al-‎Shariah

2024-05-06T04:36:04+00:00

Religious moderation has gained prominence in response to escalating challenges of aith conflicts. Governments now recognize it as a fundamental pursuit essential for maintaining societal peace. Consequently, this study endeavors to demonstrate how religious moderation aligns with the principles of Maqasid al-Shariah, and remains pertinent to contemporary society. Employing a descriptive-analytical methodology rooted in library research, this study primarily relied on foundational texts supplemented by relevant articles. The focal point lies in the imperative role of religious moderation in fostering harmony among religious communities, and its resonance with Maqasid al-Shariah. The findings affirm that religious moderation, guided by Maqasid al-Shariah, underscores the need to strike a balance between religious freedom and societal responsibility. This serves as a crucial mechanism for thwarting extremism while championing peace, tolerance, and faith cooperation. Additionally, the study reveals that preaching within the framework of religious moderation transcends mere proselytization; it seeks to nurture inclusive attitudes, foster mutual respect, and prioritize communal welfare. In accordance with Maqasid al-Shariah, religious moderation underscores the significance of contextualizing religious teachings in social, cultural, and historical contexts.

Analisis Fatwa Dr. Syauqi Ibrahim ‘Allam Tentang Peribadatan Non Muslim Prespektif Hukum Islam

2024-05-04T10:42:07+00:00

Islam is a universal religion that explains various rules related to procedures for worship and interaction between humans. However, the number of cases of religious intolerance remains high. In Indonesia, as a Muslim-majority country alone, between 2019-2023 there were 65 cases of religious intolerance. Based on this reality, the author tries to analyze the fatwa of the Grand Mufti of Egypt, Dr. Syauqi Ibrahim 'Allam who discussed the status of non-Muslim worship. These fatwas were collected in one of his works, Fiqhu al-Wathon wa al-Muwathonah. Thus, this research seeks to analyze the methods and results of istinbath carried out by Dr. Syauqi Ibrahim 'Allam in answering this problem. To achieve this goal, the method used in this research is a qualitative research method that has a content analysis style by taking sources from various studies. The results of this research explain that non-Muslim worship is a place in which security must be guaranteed. This is a form of tolerance and fulfillment of the rights of fellow citizens. In his fatwa, he took sources from various literature of fiqh scholars, so that in each fatwa he was considered in accordance with the concept of thought of one of the four imams of the school of thought. However, he also does not mind when there are differences in fatwas, because differences in social conditions also make it possible for differences in fatwas to emerge.