Browsing by Author "Fajar Rachmadhani"
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Publication Huquq Al-Mirath Linaqil Al-Adwa Bi Fairus Kuruna (Kufid-19) Fi Manzur Al-Shari’ah Al-Islamiyah Wa Al-Qanun Al-Indunisiyi(Postgraduate Program (PPs) and the Institute for the Study of Religion and Society (LSAS), 2022) ;Azziz Bachir Raouane ;Ruhi Fadzlyana Jailani ;Fajar RachmadhaniMualimin Mochammad SahidIslamic law, as well as Indonesian law, prohibits the intentional killer's entitlement to inheritance and bequest to him. This research aims to study the ruling on the felony of murder by transmitting Coronavirus (Covid-19) infection. Subsequently, the impact of inheritance and wills due to transmitting this infection deliberately or unintentionally. The research uses the descriptive approach and the analytical method in defining the felony of incapacitating murder and analyzing the impact of transmitting infection with this pandemic virus. The research comes with several results, including that whoever deliberately transmits infection with the Coronavirus (Covid-19) to people is regarded as the Spoilers on the land, that this felony deserves the punishment, that he is forbidden from inheriting if he is the heir, and that he is forbidden from the approval of the will if it is bequeathed to him. - Some of the metrics are blocked by yourconsent settings
Publication Implementation Of The Islamic Law Transformations' Rule (Taghayyur Ahkam) DuringG Covid-19 Pandemic In The Perspective Of Majelis Tarjih MUujammadiyyah In Indonesia(USIM Press, 2022) ;Fajar Rachmadhani ;Mualimin Mochammad SahidAhmad Wifaq MokhtarThe study entitled " Implementation Of The Islamic Law Transformation’s Rule (Taghayyur Ahkām) During Covid-19 Pandemic In The Perspective Of Majelis Tarjih Muhammadiyah In Indonesia" aims to uncover and analyze one of the methods and rules of law-making (istinbāth ahkām) carried out by the Muhammadiyah fatwa institution, the Majelis Tarjih dan Tajdid, or known as "Manhaj Tarjih Muhammadiyah." One of the many methods used by Majelis Tarjih in issuing legal decisions and fatwas is the Rules of Islamic Law Transformation (taghayyur ahkām). The research also attempts to contextualize the rules of Islamic law transformation with the decisions or guidelines for the implementation of worship (Ibadah) that have been issued by the Muhammadiyah Central Leadership through the Majelis Tarjih, especially during the current Covid-19 pandemic. The results of this study are beneficial both practically and theoretically. The practical benefit of this research is that it may provide guidelines for the implementation of worship during the Covid-19 pandemic based on argumentative arguments and the principles and objectives of Islamic law, one of which is guarding religion (Hifz ad-Dīn) and guarding human lives (Hifz an-Nafs). Meanwhile, the theoretical benefits from this research are to expand the knowledge and discourse of Islamic scholarship, especially in the field of Islamic law. Thus, Islam can manifest in the midst of mankind to provide real solutions to existing problems. This research uses qualitative research focusing on library research with descriptive analysis. Consequently, the researchers applied the Ijtihād of Majelis Tarjih’s Method known as "Manhaj Tarjih Muhammadiyah" written by Syamsul Anwar as well as based on the results of the Tarjih National Assembly (Munas) XXX in Makassar in 2018, also the decision of the Muhammadiyah Central Leadership No. 02/EDR/1.0/E/2020 regarding Guidelines for Worship in Covid-19 Emergency conditions and several other Tarjih fatwas related to guidelines for carrying out worship during the Covid-19 pandemic as primary data. In addition, the secondary data are from various sources, such as fiqh books, ushul fiqh, and maqaṣid as-syarī'ah. Besides, the study uses a content analysis approach to bring up the messages objectively and systematically. - Some of the metrics are blocked by yourconsent settings
Publication The Use Of Sadd Al-Dhari'ah Incontemporary Islamic Family Law In Indonesia: Concept And Practice(USIM PRESS, 2024) ;Fajar Rachmadhani ;Mualimin Mochammad SahidMuchammad IchsanThis study analyzesthe application of sadd al-dharīʿahin theprovisionsof Islamic family lawin the IndonesianMarriage Law No. 1 of 1974 and Compilation of Islamic Law (KHI). Sadd al-dharīʿahis amethod to establish the prohibition of certain actions due to their potential of incurring an action with greater harm (mafsadah). This qualitative library study employs the descriptiveanalytical method. The Indonesian Marriage Law and KHI are the primary sources, whereas secondary data come from, among others, texts on maqāṣid al-sharī'ah, uṣūl fiqh, and fiqh. Content analysis is used to make inferences by highlighting themes methodically and objectively. The findings show that both the Marriage Law and KHI, which serve as the main referencesfor Religious Court judges and as positive laws forall Muslim Indonesian citizens, have indirectly adopted sadd al-dharīʿah.This can be seen in clauses related tocurrent marriage issues, such asrestrictions on age of marriage and consentfor polygamy. - Some of the metrics are blocked by yourconsent settings
Publication إشكالية تفعيل الاجتهاد في أحكام المواريث بوجود دلالة النّص القطعية(USIM Press, 2021-12) ;Raouane Azziz ;Fajar RachmadhaniMualimin Mochammad SahidThe verses of inheritance are texts that hardly have a parallel in the provisions of Sharia in terms of clarity and decisiveness in determining the share for each inheritor. Disputes arise over the understanding of these texts where some of the companions’ jurists went on to activate the mechanism of ijtihad even though the text is clear. Their jurisprudence gave us new rulings that are not mentioned either in the Qurʾān or in the Sunnah. Meanwhile, other jurists adhered to the apparent meaning of the texts. This study aims to reveal the reasons for establishing ijtihad, although there exist definitive texts on the provisions of inheritance, and to explain the path that each companion took in weighting their doctrine. To achieve these goals, this study relied on descriptive and analytical approaches. This study found that adherence to the apparent meaning of the texts in the rulings of inheritance is a principle that must be adhered to. Aside from that, using ijtihad in the provisions of inheritance with the presence of peremptory text is possible. It is activated according to the methodology that gives the Islamic ruling new dimensions upon its implementation and does not include either cancellation or change. - Some of the metrics are blocked by yourconsent settings
Publication دور الاجتهاد المقاصدي وتطبيقه في فتوى مجلس الإندونيسي بشأن أداء العبادات خلال جائحة كوفيد-19(Faculty of Syariah and Law, Universiti Sains Islam Malaysia, 2020-10-27)Fajar RachmadhaniThe spread of the covid-19 virus outbreak has caused various problems in human life, both from economic, social, political and religious aspects. The Indonesian Ulama Council (MUI), which is the official institution of the Indonesian state in terms of religious fatwas, has a very important role in dealing with the problem of the Covid-19, namely by providing religious guidelines, directions or fatwas in order to reduce and prevent the spread of a very dangerous virus. this. So, this study aims to try to analyze the fatwa of the Indonesian Ulama Council on worship guidelines during the Covid-19 pandemic with the ijtihād maqāṣidī (maqāṣhid sharia) approach which is also one of the methods or approaches used by the Indonesian Ulama Council. This research also tries to reconstruct the maqāṣhid sharia hierarchy (hifdz ad-dīn, nafs, māl, ‘aql, nasl) to obtain the ideal concept, especially if there is a conflict between one another. This research is an inductive qualitative research where the data collection is done by using documentation method, then the data is analyzed using descriptive analytic method.