Abu Yazid Adnan Quthny
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Islam dan KDRT (Tinjauan Hukum Islam terhadap Praktek Kekerasan dalam Rumah Tangga) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 1 (2018): Asy-Syari'ah - Januari 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (137.283 KB) | DOI: 10.36835/assyariah.v4i1.98

Abstract

Cases of domestic violence or domestic violence are still a frequent phenomenon in people's lives. Not infrequently, the violence produces physical harm to the victim. The perpetrators of Violence often defend themselves with the rogue, what it does is a right guaranteed in culture and religion.In a patriarchal society, the act of domestic violence is often not a serious problem. In fact, not infrequently the women to close the meeting of the actions of his partner because it is considered a disgrace of the husband. In Indonesia, the biggest religion is Islam.Namun in the last 10 years, the number of domestic violence is quite alarming.A narrow religious understanding, as well as the women's permissive culture of domestic violence become one of the root causes of the problem, why such action is still ongoing. Islamic law, which in fact provides high positions for women, is much reduced to justify acts of domestic violence. Keywords: Islam, KDART, Violence, Household Appliances
Hermeneutika Manhaj Tafsir Fazlur Rahman Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 4 No 2 (2018): Asy-Syari'ah - Juni 2018
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.573 KB) | DOI: 10.36835/assyariah.v4i2.104

Abstract

As a method of Tafsir - in the context of classical science -, hermeneutics is used to solve, interpret and interpret the meanings contained in scriptures, jurisprudence, ancient documents and texts. Hermeneutics as a theory of interpretation will surely give birth to hetereutic products as operational-applications tafsirnya. Fazlur Rahman is one of contemporary Muslim thinkers using the hermeneutic approach in nash interpretation. He grew up in a strong family environment in holding religious teachings by adopting a system of schools against Imam Hanafi (Sunni) as a figure of mujtahid madhhab ulama with traditional-conventional Islamic thinking and developing his scholarship to Western world which influenced many modern-contemporary thinking patterns. Rahman's education with traditional and contemporary background is apparent in his ijtihad results by carrying on the Qur'an, systematic-interpretation and logical-synthesis approaches. Rahman's traditional-liberal form of thought can be understood from his superior theory of double movement theory which was launched in 1982 AD with his basic ideas and ideas about the fundamental differences between the legal aspects of the Qur'an and the ideal aspects of the moral al -Qur'an. The integration of an education system of the traditional system in the state of origin (Pakistan) with the modern system of philosophy while continuing its studies in the West (France) made Rahman consistent with the position of al-Qur'an and sunna as the source of the first and main Islamic teachings as a means to uncover the meaning of the text and messages of both mashdar al-hukm. Fazlur Rahman classified as a unique and prominent thinker of his time is very interesting to be studied. He grew up in Pakistan and expanded his science to France and then to Chicago Canada who was later invited by his local government to return to help in Pakistan. But his struggle in his birthplace did not last long which made Rahman have to move back to Chicago, Canada. It seems like this hijrah experience as a reference to make it easier to remind us of the popular hermeneutic theory which is also pacing or reciprocity between inductive and deductive ie double movement theory around text, context and contextualization Keywords: method , Tafsir and hermeneutics
Implementasi Maslahah Mursalah sebagai Alternatif Hukum Islam dan Solusi Problematika Umat Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 5 No 1 (2019): Asy-Syari'ah - Januari 2019
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.772 KB) | DOI: 10.36835/assyariah.v5i1.110

Abstract

In the approach of Islamic law, Maslahah mursalah is a proposition to establish a new problem that has not been explicitly mentioned in the main sources, the Qur’an and As-Sunnah, both accepted and rejected. Maslahah mursalah as an option for this legal proposition begins with the Passed away of the Prophet Muhammad SAW. Along with this happened, the revelation of the Qur’an has stopped coming down, and the words of the Prophet have stopped too. Meanwhile, problems continue to develop from time to time along with the development of the community itself. This is where the idea of Maslahah mursalah emerges as an option for the proposition of Islamic law. Please note, in the application, Maslahah mursalah is based on benefit. Looking at the main basis of this argument, understanding and knowing about the theory of benefit becomes a necessity in the use of maslahah as a proposition of Islamic law. Maslahah is a concept that departs from the main purpose of Islamic law, known as maqashid as-sharia. According to Imam As-Syatibi, the main orientation of maqashid as-sharia is to provide protection and protection against five things, namely religion, self, lineage, reason, and wealth. These five aspects are very fundamental things in life, so that damage to one aspect alone will cause extraordinary negative implications. Thus, maslahah is the main consideration in evaluating the value of benefits and harm from a problem that has just emerged in people’s lives. An order to assess benefits and madharat, then weigh which one is greater, the benefits or the madharat (damage). Keywords: Maslahah mursalah, law alternative, Islamic law
Al-Faraidl Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 5 No 2 (2019): Asy-Syari'ah - Juni 2019
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1489.396 KB) | DOI: 10.36835/assyariah.v5i2.117

Abstract

Al-Faraidl is a law of inheritance law in Islam originating from nash and ijtihad. This research is intended to examine the texts — both qathiy and dhanniy — and ijtihad with the library research approach, especially the review of the commentaries, hadith and ijtihad products (the efforts of friends and scholars in understanding / capturing the dhanniyas are from nash). The results of the review formulated that 25 heirs - whether from a marriage background, kinship or wala especially heirs who had selectively graduated from the hajb system - were divided into two categories, namely ash-al-furudl and ashabah. Al-furudl almuqaddarah — as patents of inheritance of ash-hab al-furudl — as many as six fardl, namely; 1/2, 1/3 (including 1/3 remaining), 2/3,¼, 1/6 and 1/8. Experts of inheritance of ashabah - who have the right to inherit the remainder of the fardl ash-hab al-furudl - are grouped into three parts, namely; bi an-nafs, bi al-ghair and maa al-ghair. Keyword: al-faraidl, nash, ijtihad.
Dalih Agama Untuk Kekerasan Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 1 No 1 (2015): Asy-Syari`` ah Juni 2015
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

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Abstract

Politicization of religion is a phenomenon that often arises in a society, be it country macro community and society in general, both in structure and in the semi- structured and quasi-structure, and can even occur in the personal area, along with interest the culprit. This violence is not only done in one religion, but in a broader scale and the interests of a more global level, violence is also valid between one religion to another religion. Basically to realize the importance of politicians legitimized by coercing the political policy which lasted accompanying personal interest of the politicians. Thus, political factors into factors behind the violence in society. Violence in the name of religion has become a human tragedy that has long adorned the history of mankind. Normatively, no one of any religious teaching that encourages and recommends his followers to commit violence against followers of other religions outside the group. But historicallyfactual often encountered violence perpetrated by some members of the community in the name of religion.
Reformasi Hukum Keluarga Islam Turki (Status Poligami dalam Perspektif Teori Linguistik-Semantik Muhammad Shahrur) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 1 (2016): Asy-Syari`` ah Januari 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

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Abstract

Renewal of Islamic law in the form of family law legislation began in 1917 with the passing of the Ottoman Law of Family Rights by the Government of Turkey. Family law reform in Turkey was a milestone in the history of family law reform in the Islamic world and has a great influence on the development of family law in other countries. Muhammad Shahrur is one of the contemporary Islamic legal thinkers who did the understanding of Islamic law by way of hermeneutics. One popular method is the analysis of linguistic semantics, and application of modern exact sciences. according Shahrur, marriage principles in the Qur’an are monogamous. While the letter an-Nisa ’verse 3 is often used as the basis of legislation of polygamy actually talking about guardianship of orphans. Therefore, according to the terms Shahrur allowed polygamy (1) wife of second, third, and fourth are widows who have children orphaned, and (2) there must be a sense of worry can not do justice to the orphans. As well as engagement in the Turkish Civil Code of 1926 and arranged in chapters 82-87 in The Cyprus Turkish Family Law of 1951 stipulated in Article 4-5. Turkish family law encourages courts to not hold a special agreement before the marriage, that is to say, if there is a cancellation of the wedding, then judged based on state laws (depending on the law, not a specific agreement between the person who is engaged). If the engagement party is already done, and it turns out the marriage covenant void, then the parties considered responsible for the cancellation of any obligation to pay compensation in the form of changing the party who has incurred costs.This study will discuss the history of the Turkish family law reforms and the factors that influence since Ottoman times to become the Republic of Turkey was formed, explains the elements of a Turkish family law reform, and then associate one element of a Turkish family law reforms (polygamy) with analytical thinking Shahrur linguistic semantics.
Islam dan KDRT (Tinjauan Hukum Islam terhadap Praktek Kekerasan dalam Rumah Tangga) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

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Abstract

Cases of domestic violence are still a phenomenon that often happens in people’s lives. Not infrequently, the violence bears the physical suffering of the victim. The perpetrators of violence often defend themselves by aliby, what it does is the right guaranteed in culture and religion. In a patriarchal society, acts of domestic violence are often not an issue that is considered serious. Even sometimes the women shut acts committed partner because regarded as a disgrace husband. In Indonesia, the largest religious believer is Islam. However,in the last 10 years, the rate of domestic violence is quite alarming. Narrow religious understanding, as well as the permissive culture of women to acts of domestic violence to be one of the root causes of why the action is still ongoing. Islamic law, which in essence provides a high position for women, many reduced to justify acts of domestic violence.
Hukum dalam Perspektif Islam dan Kapitalisme Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

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Abstract

In making the law as a guideline together in social systems, there is a pattern of significant differences between the law-making which is based on the spirit of capitalism, in the spirit of making laws based on the Islamic spirit. So as to see which laws are based on capitalism, and which are based on Islamic law, Certainly not as easy as it seems. But of the existing laws in the social system, one can read the true interests behind a legal product. If the laws more near to acomulation capital with the exclusion of the national interest, then certainly produced legal products is legal in the perspective of capitalism.
Spirit Pembebasan dalam Hukum Islam Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 2 (2017): Asy-Syariah Juni 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

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Abstract

The urgency of implementing Islamic law for the creation of principles of justice is now a complicated issue in the global era. The high intervention of the investors and the western nations in building the world economic map, not infrequently sacrifice the value of justice in the life of a society. The high social imbalance between the poor and the rich, the spread of a free-standing culture that ended with the abortion behavior of teenagers, has made various problems unending. Islamic law that should be a solution in various aspects of community life, gradually unable to be implemented in the realm of community life due to various conflicts of interest. While multiculturalism is occurring in some areas, it is often used as an alibi for some societies to reject Islamic law as an integral part of the human struggle free from injustice in all things. Not infrequently, people who are keen to fight for Islamic law in a society are regarded as extremist groups.
Al-Kalalah (Dhanniy al-Dalalah dalam al-Faraidl) Abu Yazid Adnan Quthny
Asy-Syari’ah : Jurnal Hukum Islam Vol 6 No 1 (2020): Asy Syari`ah Januari 2020
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/assyariah.v6i1.304

Abstract

Paragraph verse especially in QS. al-Nisa ‘: 11,12 and 176 are understood by some as a verse of qath’iy al-dalalah which is closed with space and opportunities for ijtihad (ta’wil). Throughout the interpretation of turats and contemporary Muslim intellectual thought there is debate and difference in interpretation of verses and hadith al-kalalah as universal terms in the case of the roseits. Carefully and thoroughly, the researchers examined al-kalalah ontologies along with the hadith explanation and understanding of the commentators on al-kalalah cases by using qualitative-inductive methods through library research, namely the review of interpretive library documents and hadith in the al-kalalah domain. The contents of the analysis of the literature formulate that alkalalah is a universal term that contains multiple meanings and interpretation requirements. Rasulullah Saw himself gave an abstract explanation and general description (dhanniy al-dalalah) so that it led to a speculative-ijtihadiy understanding among friends which led to the emergence of khilafiyah al-kalalah meaning in the realm of fiqh mawaraits. Some interpret al-kalalah as the owner of the inheritance, the heirs are even interpreted as inheritance that will be inherited by the heirs.