Nasution, Adelina
Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Published : 2 Documents

Found 2 Documents

Narsisme Ulama: Dilema dan Posibilitas Rekonstruksi Ushul Fiqh di Indonesia Nasution, Adelina
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.661 KB) | DOI: 10.21580/ahkam.2018.18.2.2308


This paper  describe the construction of the uṣūl al-fiqh  initiated by Hasan al-Turabi that be dialogued with the religious conditions in Indonesia. Its aim is to find the possibility and inventory the constraints of the reconstruction of the uṣūl al-fiqh in Indonesia. This study uses the hermeneutical method of Paul Ricoeur in analyzing the theoretical ideas of Hasan al-Turabi. In this study found the biggest dilemma of reconstruction of uṣūl al-fiqh in Indonesia: the narcissism of scholars and egoism of intellectuals. Apart from that, there are conditional possibilities found, in order to reconstruct uṣūl al-fiqh  in Indonesia, i.e.: 1) willingness, facilities, protection and consis­tency of the government, and 2) the inclusiveness of traditional clerics in order to create a dialogue on the traditional jurisprudence understood by them with the modern scholars and experts of various sciences. The author concluded that only the integration of modern sciences with the traditional Islamic jurisprudence, that uṣūl al-fiqh re­con­struction could be implemented in Indonesia.
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (622.602 KB)


Surah an-Nisa, verses 11, 12 and 176 are the basis for inheritance. Those verses explain the word walad. The scholars agree that the word walad in surah an-Nisa, 11 refers to son and daughter. However, scholars differ when interpreting the word walad in surah an-Nisa, 176. First, majority of scholars opine that the word walad here refers to only son. Second, Ibn Abbas comes to a conclusion that word walad in the verse refers to both son and daughter. When viewed from the perspective of ushul fiqh by the term the word used, there are two kinds of meanings of words, namely literal and figurative meaning. The literal meaning of the word walad refers to children, while the figurative meaning of the word includes the meaning of grandchildren. Based on the Arab kinship system, the majority of Muslim scholars say that grandchildren are only those from male lineage. Based on the figurative meaning, the grandchildren inherit the same portion as those of children. As also explained in the Compilation of Islamic Law (KHI), article 185, grandchildren can be the heirs of successors, meaning that grandchildren replace the position of their fathers when passing away. However, the position of grandchildren from the female lineage is not explicitly stated in the article. For the sake of justice, grandchildren from the female lineage also are also included as the heir.