Papers SOURCES OF ISLAMIC LAW

Papers SOURCES OF ISLAMIC LAW


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Papers SOURCES OF ISLAMIC LAW

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Thesis TITLE OF SCIENCE LAW

Papers SOURCES OF ISLAMIC LAW
Words sources in Islamic law is the translation of the word mashadir which means the container and draws the discovery of legal norms. The main sources of Islamic law are the Qur'an and the Sunnah. In addition to using the sources said, also used the word means' argument that the information used as evidence or reason truth. Additionally, ijtihad, ijma 'and qiyas is also a source of law because as a tool to get to the laws contained by the Qur'an and the sunna of the Prophet Muhammad

Indonesian law

In simple terms the law is "a set of rules of human behavior are recognized group of people; composed of people who are authorized by the community; are binding to all members ". If this definition is associated with Islam or Personality 'Islamic rule means: "a set of rules bedasarkan revelations of Allah and the Sunnah of the Prophet of human behavior that are subject to the law (mukallaf) recognized and believed to bind all Moslems". You mean the word "set the rules" here are the rules formulated in detail and has no binding force, both in the world and in the hereafter.
A. Al-Qur'an

thesis categorization of the crime of theft in law

The Qur'an contains the revelations of Allah revealed gradually (mutawattir) to Prophet Muhammad through the angel Gabriel. Qur'an begins with the letter of Al Fatihah, ending with a letter of An Nas. Reading the Quran is the worship.
The Qur'an is the primary source of Islamic law. Every Muslim is obliged to adhere to the laws contained in it in order to become a human being obedient to Allah, ie menngikuti the commandments and the avoidance of all larangnannya
Qur'an contains many basic guideline for human life.

Civil law

Guidance relating to the faith / belief, namely the provision yantg associated with faith in Allah, angels, books, messengers, the Last Day, as well as the making up and qadar
guidance relating to the character of the doctrine that Muslims have the favor good manners and ethics of life.
guidance relating to worship, namely prayer, fasting, zakat and hajj,
guidance related to human deeds in society
Contents content of the Qur'an

Thesis COMPARATIVE LEGAL PROTECTION

Fill the content of the Qur'an in terms of quantity and quality.
1. Segi Quantity
Qur'an consists of 30 juz, 114 letters, verse 6236, 323 015 77 439 letters and vocabulary
2. Quality Aspects
The main content of the Qur'an (the terms of the law) is divided into three (3) parts:
Laws relating to worship: the laws governing Rohaniyah relationship with God and things - other matters relating to faith. Studies who study called Tawheed science or science Kalam
Law relating to Amaliyah governing the relationship with God, with others and the natural surroundings. This law is reflected in the so-called Five Pillars of Islam and sharia law.Science is studied so-called science of Fiqh
law relating * with morals. That is the demand that every Muslim has the properties - noble qualities as well avoid behavior - inappropriate behavior.
When viewed from the Law Syara divided into two groups:

THESIS LEGAL PROTECTION FOR TEACHERS DO NOT STAY

Laws relating to acts of worship such as prayer, fasting, charity, pilgrimage, nadzar, vows and so on related to man's relationship with his god,
the law relating to charitable community (muamalah) such as treaties, penalties (criminal), the economy, education, marriage and so forth.
Laws relating to muamalah include:
Laws relating to human life in the family, namely marriage and inheritance
laws relating to the agreement, which is associated with the buying and selling (trading), pawn-pawn, partnerships and others. The main purpose for the right of each person can be maintained in an orderly
Law relating to sue sue, which is associated with the decision, the testament and vows
Law relating to jinayat, which is associated with the determination of the law for the offense of manslaughter and criminal
law relating to the relationship between religion , namely the relationship between the rule of Islam by non-Muslims so tercpai peace and prosperity.

Understanding Autonomous Region, the Basic Law, Principles

Law relating to property ownership restrictions, such as zakat, infaq and alms.
Decision of law contained in the Qur'an there is detailed and there are outline. Paragraph Ahkam (laws) are detailed generally relates to the issue of worship, family and heritage. In this section, many of the laws are ta'abud (in order of worship to Allah SWT), but not closed for reasonable opportunity to understand it according to the changing times. While paragraph Ahkam (laws) that are outline, generally associated with muamalah, such as the economy, ketata nationality, the law so on. The verses of the Qur'an that deals with this issue only in the form of common rules, often only mentioned values, to be interpreted in accordance with the times.
In addition to the verses of the Qur'an relating to the law, there is also issues related to propaganda, advice, imagery, histories and others. Paragraph relating to these problems are numerous all.

Thesis ANALYSIS OF DIPLOMATIC RELATIONS Juridical

B. Hadith
Hadith is any behavior of the Prophet Muhammad in the form of words, deeds, and statutes (Taqrir). Hadith is the second source of Islamic law after the Qur'an. Allah has made it obligatory to obey the laws and acts are spoken by the prophet Muhammad in the hadith.This is in line with the words of Allah (see Qur'an onlines on google)
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It means: "... What is given unto the Apostle then accept him, and what he forbids you then leave ..." (Surat al-Hashr: 7)
Command emulate the Prophet Muhammad because all the behavior of the Prophet Muhammad contains noble values ​​and a reflection of noble character. If someone could imitate it will be too noble attitude and perbutannya. That is because the Prophet Muhammad have the morals and manners are very precious. Hadith as the second source of Islamic law, also expressed by the Prophet Muhammad:
It means: "I am leaving you two things seklian, you will not go astray as long as you hold on to both of them, which is the book of Allah and the Sunnah of his messenger". (Imam Malik)

Thesis IMPLEMENTATION OF THE RIGHTS OF SUSPECTS

Hadith is the second source of Islamic law have the following two functions.
Strengthen the laws that have been determined by the Qur'an, so kedunya (Qur'an and Hadith) became the source of law for the same thing. For example Allah in the Qur'an confirms to avoid false words, set forth in his word (see Qur'an onlines on google)
means: "... Hate deeds lie ..." (Surat al-Hajj: 30)
The above verse also confirmed by hadiths which also contains a ban on lying.
Give details and explanations of the verses of the Qur'an are still common. For example, the verses of the Qur'an were ordered to pray, pay zakat, and pilgrimage, everything is an outline. As not explain the number of cycles and how to pray, do not specify limits begin compulsory zakat, not crushed ways to perform Hajj. Details of all that has been explained by a relatively Rasulullah SAW in a hadith. Another example, in the Qur'an Allah forbid carrion, blood and pork. The Word of God as follows: (see Qur'an onlines on google)
means: "Forbidden to you dead meat, blood, and pork ..." (Surah Al-Maidah: 3)

IN THE MATTER OF LAW THESIS TAYAMUM

In the verse, it was forbidden eaten carcass, carcass remains excluded which can be eaten.Then came the hadith explains that there is a carcass that may be eaten, the fish carcasses and grasshoppers. Word of the Prophet Muhammad:
احلت لنا ميتتان و دمان, فاما الميتتان: الحوت والجراد, واما
الدمان: فالكبد والطحال (رواه ابن الماجه و الحاكم)
means: "Permitted to us two kinds of carcasses and two types of blood. The carcasses are two kinds of fish and belalalng, while two kinds of blood is the liver and spleen ... "(Reported by Ibn Majjah)

Usefulness Study Science Usul Fiqh

Establish laws or rules which were not found in the Qur'an. For example, how to purify vessel licked by a dog, by washing seven times, one of which is mixed with the soil, as the Prophet Prophet Muhammad:
طهور اناء احدكم اذا ولغ فيه الكلب ان يغسل سبع مرات اولهن بالتراب (رواه مسلم و هحمد و هبو داود و البيهقى )
Meaning "Mennyucikan bejanamu were licked by a dog round by way of washed seven times, one of which is mixed with soil" (Reported by Muslim, Ahmad, Abu Dawud and Baihaqi)
Hadith by its very nature has the following classifications:
Saheeh hadith, is the hadeeth narrated by Rawi fair, perfect memory, sanadnya continued, not air illat, and not awkward. Illat hadith in question is a disease that is equivocal to tarnish keshohehan a hadith
Hadith Hasan, is a hadith narrated by a narrator who is fair, but not so strong memory (on occasion), continued sanadnya, and there are no illat and irregularities in matannya. Hasan hadith including hadith which accepted usually made ​​proof for something that is not too heavy or too important
hadith dhoif, is a hadith which lost one condition or more terms shohih or hadith hasan hadith. Hadith dhoif many kinds of variety and have different degrees of each other, or at least caused a lot of terms or hasan hadeeth shohih unfulfilled
As for the terms hadith hadith shohih said, namely:
Rawinya are equitable
Perfect memory
sanadnya unbroken
Hadith was not berilat and
Hadith was not awkward

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C. Ijtihad
Ijtihad is trying in earnest to solve a problem that no writ, either in the Qur'an or Hadith, by using the sense of sound mind and clear, and guided by the law of the ways set-hukumyang been determined. The results can be used as a source of law ijtihad third.These results are based dialogue Prophet Muhammad with a friend named Muadh ibn Jabal, when sent Muadh to Yemen country. Prophet, Muadh asked, "how would you define the law when confronted with a problem that requires a determination of the law?" Muadh said, "I will set hukumdengan Qur'an, the Prophet asked," If the writ is not found in the Qur'an Qur'an? "Muadh said," I will set the Hadith ". Rasul asked again, "if you do not find permanence in the Qur'an and Hadith", Muadh replied "I would berijtihad with my own opinion" then, Rasulullah SAW tapped his shoulder bi Muadh Jabal, acquiescence. The story about this Muadz menajdikan ijtihad as a proposition in establishing Islamic law after the Qur'an and hadith.
To perform ijtihad (mujtahid) must meet the following requirements bebrapa:

PKN ANSWER KEY Page 74 Class 12

know the contents of the Qur'an and the Hadith, mainly concerned with the law
understand the Arabic language with all the accessories to interpret the Qur'an and hadith
know the problems of ijma
mastered the science of usul fiqh and principles of jurisprudence comprehensive.
Islam respects ijtihad, though the results are wrong, as long as ijtihad was conducted in accordance with the requirements specified. In this connection, the Prophet SAW said:
اذا حكم الحاكم فاجتهد ثم اصاب فله اجران و اذا حكم واجتهد ثم اخطأ فله اجر (رواه البخارى و مسلم)
means: "When a judge to decide the case do ijtihad and the result ijtihad is true, he obtained two reward and when a judge to decide the case he did ijtihad and the result ijtihad is wrong, then it earns one reward. "(Bukhari and Muslim)
Islam not only allows for dissent as a result of ijtihad, but also confirms that the differences of opinion that it will bring grace and spaciousness for mankind. In this regard the Prophet SAW said:
... اختلا ف امتي رحمة (رواه نصر المقدس)
means: "... differences of opinion among my Ummah will bring grace" (HR Nasr Al muqaddas)
In berijtihad one can menmpuhnya by way of ijma 'and qiyas. Ijma 'is Mo [akatan from across the mujtahid imams and Muslim people in a period of some time after the death of the Prophet Muhammad. Adhering to the results of ijma 'are allowed, even a necessity.The evidence is understood from the words of Allah (see Qur'an onlines on google )

Thesis EFFECT OF INCREASE IN RANK

Meaning: "O oran who believe, obey Allah and rasuknya and ulil amri among you ...." (Surah An Nisa: 59)
In this verse there are instructions to be obedient to those who have the power in their field, such as government leaders, including the imam mujtahid. Thus, ijma 'side dish can be one source of Islamic law. Example Ijam 'is to collect the scattered writings revelation, then membukukannya be Mushaf Al Qur'an, as it is today
Qiyas (analogy) is to connect an event that no legal with other existing events legal because there are similarities between the two illat or why. For example, forbid alcoholic beverages, such as beer and whiskey. The prohibition of liquor is diqiyaskan with wine mentioned in the Qur'an because there are similarities between the two illat (reasons), which is equally intoxicating. So, although there is no provision hukmnya beer in the Qur'an or hadith remains forbidden because it contains similarities with existing liquor laws in the Qur'an.
Before making a decision to use qiyas so it's good to know Rukun Qiyas, namely:

PKN Answer Key Page 177 Class 12

Basic (proposition)
The problem to be diqiyaskan
law for the proposition that there is a
similarity of cause / reason between the proposition and the problems that diqiyaskan
Form another Ijtihad
Istihsan / Istislah, namely mentapkan law an act that is not described in kongret in the Qur'an and hadith that are based on common interests or common kemashlahatan or fatherly interest of justice
Istishab, namely forward the enactment of a law that already exist and have been assigned a proposition, until there is another proposition that changed the position of the law
Istidlal, is to establish a legal act which is not mentioned concretely in the Qur'an and hadith to be based because it has become a tradition or customs of local communities.Included in this is the religious laws revealed before Islam. Customs and religious laws before Islam to be recognized or justified by Islam as long as it does not conflict with the teachings of the Qur'an and hadith
Maslahah mursalah, maslahah is consistent with the intent that no diperoeh syarak of teaching proposition directly and clearly from maslahah it. Examples such as requiring a handyman to replace or pay damages to the owner of the goods, because of the damage outside the agreement that has been set.

PKN Answer Key Page 112

Al 'Urf, is urursan agreed oelh a party man in his development
Zara'i, is jobs that be a way to achieve mashlahah or to eliminate harmful.
D. Division of Law in Islam
Law in Islam there are five, namely:
Mandatory, the command to be done. If the command obeyed (done), then the mebgerjakannya will be rewarded, if not done so he would sin
Sunna, that suggestion. If the reward can be done, if not done no sin
Haram, namely strict prohibition. If done sin if unworked or abandoned a reward, sebagaiman described by the prophet Muhammad in a hadith which means:
Stay away from everything that is unclean you undoubtedly being the most worship.Relalah by division (provision) of Allah unto you undoubtedly become the most wealthy.Berperilakulah good to your neighbor you would have been among the believers. Love others on the things you love to yourself you would have been classified as a Muslim, and do not laugh too much. Indeed, too many laughs it deadens the heart. (HR. Ahmad and Tirmidhi)
Makruh, that prohibition is not that hard. If it is violated not punished (innocent), and if left to be rewarded
permissible, ie something that can be done and should also be abandoned. If done no sin, so also if abandoned.

TITLE THESIS GRADUATE PROGRAM 2

Proposition jurisprudence is the Qur'an, hadith, ijma 'and qiyas mujtahidin. Some scholars added that istihsan, istidlal, 'urf and istishab.
The laws in terms of uptake of four kinds.

ANSWER KEY PKN Class 12 Page 126

Legal texts taken from the firm, namely the existence and meaning to the law shows that
law like this fixed, unchanging and shall be exercised by all Muslims, no one has the right to deny it. As obligatory five daily prayers, charity, fasting, Hajj and legal terms of sale with willingly. Imam Syafi'ie argue if there are provisions of the law of Allah, at an event, every Muslim is obliged to follow it.

Sample Civics Questions and answers

Law taken from texts that do not believe he meant to those laws.
In this case it opens the way for berijtihad mujtahid within the limits of understanding the passage. The mujtahid may realize legal or strengthen one of the laws with ijtihad. For example may be whether or not Khiar assemblies for two people who were buying and selling, to understand the hadith:
البيعان بالخيار ما لم يتفرقا
Two people were buying and selling may choose between selling or not to continue as long as both have not split up. The word "goodbye" is meant in this hadith may split body or speech, may also consent and granted. Sperti shall sweep all heads or partially when wudu ', in understanding the verse:
It means: "And rub your head" (Surah Al-Maidah: 6)
Also in understanding the hadith is not kosher animals slaughtered solely for not reading basmalah.
ما انهر الد م و ذ كر اسم الله عليه
Any tool that can drain blood and mentioned to him the name of God.
Law that there is no passage, both qa'i (definitely) and ZANNI (allegations), but at a time has been agreed (ijma ') mujtahidin on laws
As part grandfather-sixth, and the cancellation of the marriage of a Muslim woman with a male non Muslim. Here there is no way to ijtihad, even every Muslim is obliged to admit to run. Because the law has been agreed by mujtahdidin it is the law for all people, and the people according to the Prophet Muhammad will not agree on something perverse.Mujtahidin is ulil amri into consideration, whereas Allah sent his servant to obey ulil amri.Even though so, we must really know that it has happened huku ijma '(agree) mujtahidin scholars. Not solely Hanyan based on an allegation that is not based on research.
The law is no scripture, both qat'i or ZANNI, nor is there agreement on legal mujtahidin it.As is widely available in books of fiqh schools. Laws like this are the result of the opinion of a mujtahid. Revenue by denngan reasonable manner consistent mind and the state of their respective communities at a time when the event occurred. Such laws are not fixed, may change with the state or its review of each. Then the mujtahid in the present or sesduahnya entitled to argue as well as set other law. As the first mujtahid has given (set) the law before. He may also have to change the law by arguing that in contrast to other reviews, once investigated and examined again at the overarching consideration. The results of such ijtihad is not mandatory exercised by all Muslims. Only a mujtahid mandatory for itself and for the people who asked for a fatwa to him, as long as that opinion is not the reversal.

ANSWER KEY PKN Class 12 Page 125

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