NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam

Forced Divorce Polemic: Comparative Analysis of the Hanafi and Shafii Schools of Thought

2024-06-28T02:54:59+00:00

This article aims to summarize the views of the Hanafi and Shafii madhhabs regarding the status of divorce of a person who is forced and the method of determining it, as well as to find out the method of scholars in tarjīḥ opinion between the Hanafi and Shafii schools in this case. To get answers to the problems, this article uses library research that focuses on manuscript and text studies, using case and comparative approach methods. By looking at some coercive ḍawābiṭ, the results of the study found that; First, the Hanafis argue that divorce imposed by a person who is forced is legal, because here he faces two tough choices, namely divorcing his wife or receiving threats from the person who forced him, and in fact, he chooses to divorce his wife. In contrast to the Shafii school of thought, which is not consider valid, because divorce is an absolute right for the husband alone, also because Allah has aborted disbelief in those who are forced to disbelieve. The istinbāṭ method of the law used by the Hanafi and Shafii schools is that they both use kias. Second, the scholar's method in tarjīḥ the opinion between the Hanafi school and the Shafii school regarding forced divorce is by looking at the sanad hadith. In this case, the majority of scholars further strengthen the hadiths used as evidence by the Shafii school because they see the ṡīqāh (trusted) narrators of hadith so that all of their narrators can be used as evidence.

Al-Żahabi's Thought in Hadith (Study of Talkhīṣ Mustadrak al-Ḥākim Book)

2024-06-28T02:55:05+00:00

This research explores the thoughts of al-Żahabi in the field of hadith, specifically within his book Talkhīṣ al-Mustadrak. The objective is to understand al-Żahabi's perspectives on hadith in this particular work. This literature review employs a combined approach of hadith and historical sciences. The data analysis methods include descriptive and comparative analysis. The findings reveal that al-Żahabi provided accurate scholarly commentary on the hadiths in Al-Mustadrak. For instance, he criticized a hadith authenticated by al-Hakim from the companion Sa’d bin Abi Waqqāṣ in al-Mustadrak due to its weak chain originating from Ṭalḥah bin Zaid al-Qurasyi, deemed weak by many hadith scholars. Despite this, there are instances of errors in al-Zahabi's assessments, such as in the evaluation of a hadith in the al-Mustadrak" on commercial transactions, authenticated by al-Hakim according to Bukhāri and Muslim's criteria, while al-Żahabi judged it according to Muslim's conditions. Further examination revealed discrepancies in the chain narrated by al-Ḥākim and a different chain in Saḥīḥ Muslim. Al-Żahabi refrained from commenting on most hadiths in al-Mustadrak, only referencing al-Ḥākim's authentication without necessarily approving it. His silence on certain hadiths is due to uncertainty about their status or prior assessment of the narrators. Therefore, scholars examining al-Mustadrak are advised to refer to al-Żahabi's comments in Talkhīṣ al-Mustadrak.

Penelitian ini membahas tentang pemikiran al-Żahabi di bidang hadis. Tujuan penelitian ini, untuk mengetahui pemikiran al-Żahabi di bidang hadis dalam kitabnya Talkhīṣ al-Mustadrak. Penelitian ini merupakan kajian pustaka dengan menggunakan pendekatan ilmu hadis dan historis. Metode analisis data yang digunakan adalah metode analisis deskriptif dan kompratif. hasil penelitian ini menunjukkan bahwa al-Żahabi telah memberikan komentar ilmiah yang tepat terhadap hadis-hadis di dalam kitab al-Mustadrak. Seperti saat ia mendaifkan hadis yang disahihkan oleh al-Ḥākim dari sahabat Sa’d bin Abi Waqqāṣ dalam kitab al-Mustadrak karena semua jalur sanadnya berpangkal pada Ṭalḥah bin Zaid al-Qurasyi yang dinilai daif oleh banyak ulama hadis. Walaupun terdapat pula beberapa kekeliruan dari al-Żahabi dalam penilaiannya. Seperti pada hadis dalam kitab al-Mustadrak pada bab al-Buyu’ yang disahihkan oleh al-Ḥākim berdasarkan kriteria al-Bukhāri dan Muslim, sedangkan al-Żahabi menilainya sesuai dengan syarat Muslim. Namun, setelah diteliti jalur hadis yang diriwayatkan oleh al-Ḥākim berasal dari Muḥammad bin Ṡaur, bukan merupakan rawi Muslim. Adapun jalur hadis hadis di dalam Ṣaḥīḥ Muslim berasal dari Ibnu wahb. Sebagian besar hadis kitab al-Mustadrak tidak dikomentari oleh al-Żahabi. Ia hanya mengutip pentashihan al-Ḥākim terhadap hadis. Diamnya al-Żahabi terhadap pentashihan al-Ḥākim tidak menunjukkan persetujuannya terhadap penilaian tersebut. Ia tidak mengomentari sebagian hadis karena ia belum mengetahui secara pasti status hadis tersebut, dan pada sebagian hadis, ia tidak memberikan komentar karena ia telah menilai rawi hadis tersebut sebelumnya. Sehingga ia tidak lagi mengulangi penilaiannya. Berdasarkan hasil di atas maka para pengkaji hadis yang ingin meneliti kitab al-Mustadrak, untuk mengacu terlebih dahulu pada komentar-komentar al-Żahabi dalam Talkhīṣ al-Mustadrak.

Authentic Interpretation of The Hadith 'You Know Better About Your Worldly Affairs'

2024-06-28T02:55:18+00:00

This study aims to generate an authentic interpretation of the hadith "You know better about your worldly affairs," analyzed from the aspects of sanad (chain of narration), matan (text), cause of revelation, and intertextuality with Quranic verses and other hadiths. The research method employs a qualitative approach with library research. Data is collected through in-depth study of authentic hadith and tafseer literature. Data analysis techniques apply an interactive content analysis model covering data reduction, data display, drawing and verifying conclusions. The findings reveal that human life is divided into two domains: the hereafter (faith and worship) which must be guided by Islamic texts, and the worldly domain (etiquette and transactions) which is further divided into matters that have been regulated in detail in the texts and matters that have not. The hadith about "you know better about your worldly affairs" belongs to the latter category which has no detailed regulations from the syariah. Although general ('aam) in meaning, this hadith only applies to areas without detailed rules from the syariah. Thus, the Prophet's ijtihad could be right or wrong in this domain. This does not contradict Surah al-Najm:3-4 since it pertains specifically to the Quran's truth, not all sayings of the Prophet. Therefore, an authentic interpretation is obtained in line with the research objectives.

Penelitian ini bertujuan menghasilkan interpretasi autentik atas hadis “Kalian lebih paham tentang urusan dunia kalian”, dikaji dari aspek sanad, matan, sebab wurud, dan intertekstualitas dengan ayat al-Quran dan hadis lain. Metode penelitian menggunakan kualitatif dengan pendekatan kepustakaan. Data dikumpulkan melalui telaah mendalam pada literatur hadis dan tafsir otentik. Teknik analisis data menerapkan content analysis model interaktif meliputi reduksi data, penyajian data, serta penarikan dan verifikasi simpulan. Hasil penelitian menemukan bahwa kehidupan manusia terbagi dua wilayah: ukhrawi (akidah dan ibadah) yang harus berpedoman pada nas, dan duniawi (adab dan muamalah) yang terbagi lagi menjadi yang telah diatur secara rinci dalam nas dan yang belum. Hadis tentang “kalian lebih paham urusan dunia” termasuk kategori kedua yang belum diatur rinci. Meskipun bersifat ‘ām, hadis ini hanya berlaku pada bidang tanpa aturan rinci dari syariat. Maka ijtihad Nabi bisa benar dan bisa salah. Hal ini tidak bertentangan dengan QS al-Najm:3-4 karena berkaitan dengan kebenaran al-Qur’an, bukan semua ucapan Nabi. Dengan demikian, diperoleh interpretasi autentik sesuai tujuan.

Selling Item that Have Not Been Paid in the Perspective of Mazhab of Syāfi‘iyyah and Ḥanābilah

2024-06-28T02:55:28+00:00

This research aims to determine the views of the Syāfi'iyyah and Ḥanābilah schools of thought regarding the status or validity of goods purchased on credit and the law of selling goods that have not been paid in full. This research is descriptive-qualitative (non-statistical) research, with the type of library research using normative and juridical-normative approaches. The results of the research show that the ownership status of goods that have not been paid for has been transferred (ownership) from the seller to the buyer, as indicated by the existence of a contract and the handover of both. This is part of the opinion of the Syāfi'iyyah and Ḥanābilah schools of thought. Selling goods that have not been paid off to the owner of the goods (lender), or what is known as 'īnah buying and selling, or to a third party (other than the first seller), is permissible in the view of the Syāfi'iyyah school of thought, provided that the buyer has received the object of the sale and purchase before he makes the next transaction. Meanwhile, in the view of the Ḥanābilah school of thought, selling goods that have not been paid for is permissible, but only if the purpose of purchasing the goods is to be used or traded properly, provided that the buyer has received the object of the sale and purchase before he carries out the next transaction.

Sharia Compliance with DSN-MUI Fatwa No.107/DSN-MUI/X/2016 Concerning Guidelines for Organizing Hospitals Based on Sharia Principles (Case Study at RSUD Brigjend H Hasan Basry Kandangan and Sultan Agung Islamic Hospital Banjarbaru)

2024-06-28T02:55:32+00:00

South Kalimantan has two hospitals based on sharia principles, namely RSUD Kandangan and Sultan Agung Islamic Hospital Banjarbaru which DSN-MUI has also recognized with a sharia certificate. The background of this research analyzes Sharia Compliance with DSN-MUI Fatwa No.107/DSN-MUI/X/2016 concerning Guidelines for the Implementation of Hospitals Based on Sharia Principles with the focus of Case Studies at RSUD Kandangan and Sultan Agung Islamic Hospital Banjarbaru. This study aims to examine the practice of organizing hospitals based on Sharia principles at RSUD Kandangan and Sultan Agung Banjarbaru Islamic Hospital. The suitability of hospital organization practices based on sharia principles at RSUD Kandangan and Sultan Agung Banjarbaru Islamic Hospital with DSN-MUI Fatwa No.107/DSN-MUI/X/2016. This research methodology uses descriptive qualitative research, with data sources derived from observation, interviews, and documentation. The research objects in this study are RSUD Kandangan and Sultan Agung Islamic Hospital Banjarbaru. The results of the study indicate that the practice of organizing hospitals based on Sharia principles in the two hospitals has been fully implemented even though it is still less than optimal in terms of ikhtilat and providing Islamic educational materials. The suitability of the practice of organizing hospitals based on Sharia principles at RSUD Kandangan and Sultan Agung Islamic Hospital Banjarbaru with DSN-MUI Fatwa No.107/DSN-MUI/X/2016 has also been in accordance as a whole so that the sharia certificate given by DSN-MUI is indeed appropriate to be given to the two hospitals.

Tahfizhul Qur'an Imam Asy-Syatiby High School Students’ Mastery of Fi’il through Studying the Book al-Jāmi’ by Ibnu Ḥajar al-‘Asqalānī (Morfologi Study)

2024-06-28T02:55:42+00:00

The objective of the study was to determine whether the book al-jāmi study method was successful in facilitating students' mastery of the Arabic language learning material, especially material about fi’il. The present study incorporated field research employing qualitative descriptive analysis. The research utilized a variety of data sources including scholarly literature, interview papers, questionnaires, observations, tests, and other supplementary data sources using a phenomenological approach. The findings of this study revealed a limited degree of proficiency among students in regards to the fi’il or verb form, as assessed through the examination of the al-jāmi textbook. Based on the examination outcomes of a sample including 30 pupils, the scores achieved were distributed as follows: 6.7% in the high category, 26.7% in the medium category, 30% in the low category, and 36.7% in the very low category. Based on the given percentage, one might infer that the kids' proficiency in fi’il falls below the established standard or is notably deficient. This phenomenon can be attributed to a variety of factors. Firstly, the absence of any form of evaluation following the study led to decreased motivation among students. Additionally, insufficient emphasis was placed on the importance of recording the material presented, further contributing to the issue. Secondly, the timing of the study sessions was deemed inappropriate, potentially impacting students' ability to absorb and retain information. Based on the findings of this study, it is imperative for the educational institution to assess the program.

Inheritance Transitioning to Gift in The Issuance of Land Certificates: an Islamic Legal Perspective

2024-06-28T02:55:55+00:00

In Islamic law, inheritance and gifts are two distinct concepts with different rules and implications. However, in practice, there is often confusion between these two, particularly in the context of land ownership and certification. This confusion can lead to legal complications and potential disputes. This research aims to elucidate inheritance and gifts in Islam and the factors causing and legal position of the transition of inheritance status to gift status in the issuance of land certificates. This study employs a qualitative descriptive research approach focused on textual analysis, utilizing normative juridical and conceptual approaches. The findings are as follows: Firstly, the factors leading to the transition of inherited land status to gifted land include the community’s lack of understanding regarding the difference between inheritance and gifts, the absence or loss of supporting documents, and the facilitation of land registration. Secondly, the legal position of changing the status of inherited land to gifted land in the issuance of land certificates arises due to the loss of supporting documents and to prevent future complications. This action is permitted based on considerations of maṣlaḥah (public interest) to safeguard property and prevent harm. It also falls under emergency conditions where the fiqh principle states that every necessity justifies what is forbidden, but only for administrative purposes. The land remains inherited land in accordance with the fiqh principle that the intention and substance, not the expressions and formalities, are the reference points in transactions.

Implementation the Rules of al-Ḍarar al-Asyaddu Yuzālu bi al-Ḍarar al-Akhaf at the Bathing Process Transgender Body

2024-06-28T02:56:01+00:00

If the bodies of transgender people who have had genital surgery are carried out according to their original gender, it will cause harm to Muslims. For example, transgender women who are originally male are bathed by men, while their body condition has changed to that of a woman. If it is held according to the current gender it will cause harm to the Islamic religion, namely as if the act of changing gender is permissible. Both of these conditions cause harm. This research aims to analyze the rules of al-ḍarar al-ashaddu yuzālu bi al-ḍarar al-akhaf during the procession of washing the body of a transgender persons that solutions can be found to alleviate these disadvantages. This research is qualitative literature research with a normative juridical approach. The results of the research explain that in the process of washing, the lightest harm is to return the body to its original law. In order to further alleviate the harm that must be done, the washing procession is described in the condition of khunsa musykil, namely that the body can simply be placed in public without washing it, as agreed by the majority of ulama. This is done to protect the private parts and prevent Muslims from seeing and touching it and it is better if the person holding the body is from their own family. Heavy adversity can ultimately be eliminated by enduring lighter adversity and light adversity can still be alleviated by referring to the law of bathing khunsa musykil.