Justice is something that is upheld and continues to be fought for by all nations in their various stages of progress, because enforcing justice means ordering goodness and preventing the dangers of injustice, and in it there is an effort to make peace between people and save some of them from arbitrary behavior between one another. other. This study discusses the history of Islamic courts at the time of the Prophet Muhammad. and khulafaurasyidin with the aim of comparing the justice system between the two periods. This research is library research based on qualitative descriptive research method with historical and comparative approach. The results showed that the judiciary at the time of the Prophet. have similarities and differences from several sides with the judiciary during the khulafaurasyidin period, where this shows the development and progress of the judicial system from time to time and becomes a reference to the later judicial system. The implication of this research is how the phenomenon of society seems to have lost its substance in the field of justice, where the judiciary of the past was very effective with all its limitations and simplicity. As for now, although the judicial system looks sophisticated with all its developments, it has lost its substance. In addition, in the classical era, the capacity and integrity were also seen in the judges. Judges need to follow this example, not only in terms of their capacity, but also in terms of integrity
Some fuqaha of syafiiyah in describing problems that have the same form but different laws which later became known as furuq fiqhiyyah, fuqaha of syafiiyah has been very prominent in describing furuq fiqhiyyah in the books of furu' mazhab. After reading some of the problems of furuq fiqhiyyah in some of these furu' books, the author finds that there is a difference between one writer and another in describing this furuq fiqhiyyah. Therefore, we need an initial article that explains the general guidelines about furuq fiqhiyyah. The author in this study uses the inductive deductive method by doing a general reading of several books of furu schools of syafiyyah, then concludes the method of describing their furuq fiqhiyyah. The conclusion that the authors get is that fuqaha of syafiiyah in describing furuq fiqhiyyah in the furu' mazhab book uses several categories: first: based on the mention of lafadz furuq used, second: based on the mention of he different sides of the two problems, third: based on the cause and background and the intention of furuq fiqhiyyah mentioned, fourth: based on the basis and origin of this furuq fiqhiyyah, and fifth: based on whether the two problems mentioned in this problem originate from one chapter of fiqh or come from different chapters
This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.
This study aims to determine the review of Islamic law on marriages between aristocratic women (menak) and non-aristocratic men (jajar Karang) according to Sasak customary law in Penujak Village, Central Lombok Regency. This research is a field research using the methods of observation, interviews, and documentation. The research results found are as follows. First, the views of the people of Penujak Village towards the traditional marriage of the Sasak tribe in Penujak Village, namely that they consider that custom cannot be separated from religion. Second, the view of Islamic law on marriage customs in Penujak Village is that the prohibition of marriage in Penujak Village, Central Lombok Regency can be justified based on the opinion of some scholars. Third, the impact of the marriage of noble women with non-aristocratic men in Penujak Village is that the word "baiq" in front of women's names will be removed and is no longer included in noble descent.
This study aimed to determine the application of the rules of al-Yakīn Lā Yazulu Bi al-Syak in the fiqh of prayer. The research method of study used a type of library research on the study of manuscripts and texts, using a historical approach, and a normative approach. The results of this study indicated that the application of the rule of al-Yaqīn lā Yazūl bi al-Syak in the fiqh of prayer is to stipulate that doubt cannot eliminate something that is fixed (yaqīn) and can only be raised with something that is also certain, such as gālib al-ẓann or it is clear to believe. Meanwhile, the belief can be obtained from the fewest numbers or take the original law, namely that the doubtful practice has not been carried out or the arrival of a belief that replaces the previous belief.
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