El-Qenon: Journal of Islamic Law

Permainan Kartu Zone 2000 Dalam Perspektif Istishlah

2024-07-27T02:36:23+07:00

All laws established by Allah contain benefits, as every aspect of the law, whether a command or prohibition, provides advantages to humans. However, when humans encounter a problem for which there is no explicit sharia evidence, considerations of public welfare (maslahah) and the prevention of harm (mafsadah) become crucial in establishing the law. In its application as a legal argument, scholars are divided into two groups: first, scholars who accept istishlah as a legal argument with the condition that the benefits are real and not speculative, are general and not personal, and do not contradict sharia evidence. Second, scholars who reject the application of istishlah as a legal argument in establishing Islamic law. From the perspective of Islamic Law, playing the Zone 2000 card game, such as in Laris Temanggung, is seen more as entertainment or refreshing activity, so it is not considered contradictory to sharia because it is not done excessively. Considering the benefits to children, it can realize public welfare or avoid harm to humans and does not directly contradict sharia

Pengaruh Wanita Karir Terhadap Keharmonisan Rumah Tangga dalam Tinjauan Istishlah

2024-07-27T02:56:56+07:00

The Influence of Career Women on Household Harmony from the Perspective of Istishlah. The objectives of this study are: (1) to understand the impact on the household life of female workers in Gedongsari Village, Jumo District, Temanggung Regency, and (2) to analyze Istishlah’s perspective on the influence of female workers on household harmony in Gedongsari Village, Ngadirejo District, Temanggung Regency. The researchers used a quantitative descriptive approach, and data collection techniques included observation, interviews, and documentation. The subjects of this study were the residents of Gedongsari Village who worked as female workers abroad. From the entire research process, the authors obtained the following results: First, the most common occupation among the residents of Gedongsari Village, particularly women, is working abroad as female workers, while their husbands stay at home managing the household. The impact of long-distance relationships due to the absence of the wife's role at home results in a lack of household harmony. Second, from the perspective of Istishlah, the law permitting women to work as the primary breadwinners can be justified for the sake of family welfare and maintaining the family's economic sustainability, although this is considered unfavorable by Sharia law, as it contradicts the husband's primary duty as the main provider.

Analisis Urf Terhadap Jual Beli Borongan Sayuran Di Desa Purbosari Kecamatan Ngadirejo Kabupaten Temanggung

2024-07-27T03:01:13+07:00

Bulk buying and selling is one of the traditions that has become customary in the community of Purbosari Village, Ngadirejo District, Temanggung Regency. From the perspective of fiqh muamalah, this practice remains a subject of study that requires solutions to address the issues related to bulk buying and selling. The aim of this research is to understand how the practice of bulk buying and selling is carried out by the community in Purbosari Village, Ngadirejo District, Temanggung Regency, and to review the practice from the perspective of urf (customary practice). This research uses a qualitative approach with a field study methodology. The data collection techniques employed include interviews, observations, and documentation with the buyers, sellers, and local officials involved in the practice. The analysis in this research involves data reduction, data presentation, and conclusion drawing. The results of the research indicate that the practice of bulk buying and selling in Purbosari Village, Ngadirejo District, Temanggung Regency is carried out by having buyers provide an advance payment to farmers, which serves as capital for their farming activities. The harvest is then sold to these buyers in bulk. This practice is an old tradition and does not have negative impacts, making it a customary practice (urf) that is still considered normal and acceptable

Pencegahan Stanting dalam Perspektif Maqashid asy-Syariah: Studi Kasus di Bansari Kabupaten Temanggung

2024-07-27T03:07:04+07:00

The high stunting rate of toddlers in Indonesia is a reflection of chronic malnutrition which requires seriousness from all parties in preventing it as a concrete form of protecting children's rights in their growth and development. Stunting prevention is part of the process of safeguarding the Muslim generation as stated in Maqashid Asy Syari'ah which is specifically carried out in Purborejo Village. This research is a qualitative research with a phenomenological approach with a type of field research. The data sources used in this research are primary data sources in the form of observations and interviews and secondary data sources in the form of documentation results. Furthermore, data collection techniques use the open observation method, semi-structured interview method, and documentation method. Meanwhile, data triangulation uses method triangulation and data source triangulation. The results of this research state that stunting prevention strategies by increasing public awareness through posyandu, posbindu, humanist approaches are used to reduce community apathy towards stunted children. The stunting task force collaborates with Islamic religious instructors and preachers to socialize stunting through religious language based on Maqashid asy syari'ah. The Maqashid asyari'ah perspective aims to optimize the physical, mental and intelligent conditions of children as the next generation of religion and nation, maintaining the soul, mind and offspring in good and optimal conditions.

Analisis Penetapan Hukum Keabsahan Menikahi Wanita Hamil Diluar Nikah Dalam Madzab Syafi’i

2024-07-27T03:10:13+07:00

Various factors contribute to these pregnancies and marriages, including weak faith, free social interactions, and the desire to cover up disgrace, among others. This study aims to understand the legal status of marriages involving pregnant women out of wedlock according to the thoughts of Imam Syafi’i, as well as the methods used by Imam Syafi’i for legal application or istinbat. This type of research uses qualitative methods. Data collection techniques involve a library research approach, which means gathering data by reading books, journals, or other sources relevant to the discussion object. The data analysis technique used is qualitative descriptive, which describes or illustrates the object being studied through the collected data, from which conclusions can then be drawn. The results of this research indicate that, according to Imam Syafi’i, marriages involving pregnant women out of wedlock are considered valid. The marriage can take place when a woman is pregnant, whether the marriage is with the man who impregnated her or another man. Regarding the issue of iddah (waiting period), Imam Syafi’i opines that there is no iddah for pregnant women out of wedlock, with the aim of preserving the purity of lineage for the child born as a result of the extramarital relationship (zina). Imam Syafi’i’s opinion is largely referenced by the Compilation of Islamic Law (KHI), although there are differences. The fundamental benefit of legitimizing the marriage of pregnant women out of wedlock is based on maslahah dharuriyah, which includes the fundamental aspects of welfare for the preservation of religion, life, intellect, lineage, and property.

Diskursus Puasa Weton Jawa dalam Perspektif ‘Urf

2024-07-27T03:13:29+07:00

In the Javanese community, there are various traditions, ranging from cultural and artistic forms to religious activities. One of the traditional practices still carried out by the Javanese is the Weton fasting. This tradition is performed by the Javanese people every 35 days, in accordance with the Javanese market days (Pon, Wage, Kliwon, Legi, Pahing). This research aims to understand what the Weton fasting tradition is and how it is viewed in terms of 'urf (customary practice). This qualitative research uses field studies, descriptive analysis, and Islamic law to observe and directly understand the lives of those who still practice it. Data collection techniques are based on primary data obtained from interviews with the community, elders, and religious leaders in Kandangan who still observe this tradition. Secondary data is obtained from books, journals, documents, and other sources, which are then analyzed using descriptive techniques. The results of the research show that the Weton fasting tradition is practiced by the Javanese community because it has many benefits, including health, as an expression of gratitude to God, as a means of self-restraint from desires, and so on. Additionally, from an Islamic perspective, this practice is permissible even though there is no specific religious text discussing it, because this practice falls into the category of 'urf shahih, which means it is a practice that does not contradict religious or governmental regulations

Tindak Tutur “Perlokusi” dalam Pembangunan Keluarga Harmonis: Pendekatan “Tertip” dalam Budaya Gayo

2024-07-27T02:45:23+07:00

Speech acts are the acts of social activities and its aimed at interaction and communication in building of family harmony. This research to reveals how the speech acts can build harmony within the family. Through of this research, researcher able to reveal the patterns and standards of harmonious family life. This research was studied by qualitative methods with a pragmatic approach, it is through a “tertip” approach in Gayo cultures and the form of perlocutionary speech acts. The data extracted in this research is field data from 4 (four) families, they are transcribed verbal data, which in originates from daily speech acts of the parents with children and the children with parents. Speech acts in Gayo culture’s families, especially when the parents advise their children, give instructions to their wives and children, and express their gratitude to their wives. The results and findings in the research after analysis are that in Gayo culture there are orderly speech acts. Absolutely, the speech acts in this context are namely, the "Tengkah Bengkuwang Gewat" the speech act mode, namely speech acts that are indirect and is not literal, it is the speech acts using similes and similes (metaphors). The speech act patterns found in Gayo Community families, when they want to advise and teach their children and then to their wives, use perlocutionary speech acts, then focus in substance are commanding, and expositive. A harmonious, effective family uses the “tertip” speech act mode with the “bengkuwang gewat” behavior mode and understanding the felicities condition