It is clear in al Qur'an and Sunnah of the Prophet Muhammad thatwife and husband in a household have their own specific rights and obligations. Based on these sources, Muslim jurists [fuqaha] have formulated wife-husband rightas and obligations, which were written in the books of fiqh. With a descriptive approach, this article tries to depict the kinds of rights and obligations for wife and hus…
Karakter terpenting hukum islam adalah salih li kulli zaman wa makan (tak terreduksi oleh dimensi ruang dan waktu).Karakter diatas agaknya sesuai dan sangat tepat bila dituturkan kepada salah satu mujtahid dan madzhab fiqh yaitu Al-Shafi'i.engan kajian tokoh, tulisan ini bermaksud untuk menelaah sosio biografi, kerangka pikir fiqh atas perubahan sosial dan aplikasi dalam kehidupan masyarakat at…
Semantically, tafsir fiqhy will explain the islamic verses in the Qur'an exclusive;y.Based on the history this tafsir (interpretation) develops in both sunny or syi'ie madzhab.
Regarded as an established traditional discipline, fiqh [Islamic Law] tends to be an instant and final law that does not need reinterpretation. Based on the text sacredness [taqdis an nushush], traditional fiqh seems to neglect reality that has impact on the theocentric and a historic fiqh. The opposite of this type of fiqh is Humanistic fiqh. The paradigm of Humanistic fiqh is that text is not…
It is hard to deny that ijtihad has been started to take contemporary problems in hand. Replacement of individual ijtihad [ijtihad fardhi] with collective ijtihad [ijtihad jama'i] indicates the change and shifting in ijtihad mechanism. To evolve and make wider study deals with the principles of fiqh is absolutely required. To approach the law using the principles of fiqh is one type of 'modera…
Like fiqh, qowaid fiqhiyah has developed for many years to be as an independent knowledge. The form of Islamic law form [qowaid fiqhiyah] varies and tends to affiliate to certain way [mazhab]. Thus, it is necessary to study in its history. In this case, there is a misunderstanding among experts about the unforbidden of doing ilhaq toward Islamic law form. Al Nadwi has two perspectives: in one s…
Modern science requires that dialectic between induction and deduction should take place so that development of knowledge and its promotion may be acquired. In modern sciences in other words, such dialectic constitutes the very condition for the creation and invention of new theories, discoveries and fields of knowledge. This paper is trying to argue that as a science, figh in one way or anoth…
This article analyzes the differences of Scholar [Ulama] on ushul al fiqh and their implications in the differences of furu' fiqhiyyah. Based on the theory that differences on Ushul make the differences on Furu', it is found that the differences on mazhab [school of Islamic Jurisprudence] have four causes, i.e. the common causes of differences, the qawa'id of al Qur'an and al Hadis understandin…
Tesis (M.A.)--Universitas McGill, Kanada, 1998.