PENTARJIHAN QAUL QADIM PADA MASALAH TATSWIB PERSPEKTIF FIQH AL-IKHTILAF

fadhil al-Murtazha JUNAIDI — Fri, 20 Dec 2024 00:00:00 +0000

It is a rule in Mazhab Shafi'i that qaul qadim is considered nasakh after qaul jadid. However, according to some of the followers of al-Syāfi'ī, qaul qadim that is nasakh is the opposite of qaul jadid, other than it is considered to be valid. When it comes to qaul jadid, which is in conflict with qaul qadim, the majority of Shafi’iyyah scholars agree that the dialect is qaul jadid. But the fact is that there are still some problems that Fuqaha' Syafi'iyyah has declared using qaul qadim. On the other hand, there is still a mujtahid tarjih that states that the truth of what is stated in the matter is also in the qaul jadid books. The drawing-and-drawing statements above attract deleted from an ikhtilaf perspective. From the case of tatswib that is studied, the author finds that ikhtilaf qaul qadim and qaul jadid on the problem is ikhtlaf tanawwu’, so the logical consequences, both opinions can be implemented according to the concept of ikhtilaf tanawwu’.

MAQĀṢID AL-KHALQ PERSPECTIVE ON ḤĪLAH IN POLYGAMY

Anita Yulia — Thu, 27 Jun 2024 00:00:00 +0000

According to Muhammad Abduh, except in emergencies, polygamy means arguing (ḥīlah) in the name of the Sharia, even though the real goal is to satisfy animalistic desires. It shows the subjectivity of human goals (maqāṣid al-khalq), thus encouraging the author to conduct research that applies maqāṣid al-khalq validation steps. This research found that the correlation in allowing polygamy is a means of fulfilling needs (al-ḥājah) that arise from human sexual nature. This correlation is in the medical field, while polygamy is in the field of family law, so it is called foreign conformity (al-munāsib al-gharīb). This conformity can be the goal of humans as long as it does not conflict with the Sharia. Therefore, Islam requires justice so that polygamists do not fall into erotic love. According to Erich Fromm, erotic love is exclusive, and its essence is egoism. For this reason, the judiciary's role is valuable to ensure that people who apply for polygamy permits can do fair. Thus, the permissibility of polygamy by the Sharia does not result in mafsadat that tarnishes the Sharia.

IJoMaFiM: Indonesian Journal of Maqasid and Fiqh Muqaran

PENTARJIHAN QAUL QADIM PADA MASALAH TATSWIB PERSPEKTIF FIQH AL-IKHTILAF

MAQĀṢID AL-KHALQ PERSPECTIVE ON ḤĪLAH IN POLYGAMY