"http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> Perkawinan dan Perceraian dalam Kompilasi Hukum Islam | Zubaidah | Jurnal Fenomena

Perkawinan dan Perceraian dalam Kompilasi Hukum Islam

Syarif Zubaidah

Abstract


This research with title: Study of Law Decision Method Result about Marriaga and Farewell in Islamic law compilation, explored a problem how is law decision method about marriage and farewell which used in Islamic Law Compilation? For discoursing the problem above, the researcher used several methods, like normative, juridical and social-cultural methods. While for collecting data, the researcher used literature method, it’s a method of collecting data from scientifically books literatures which have relevancy with this research. Then for analyzing data, the researcher used content analysis. This research purposes to get clear description about law decision method that used in Islamic law compilation and to explore Islamic Law Compilation as foundation in law decision of rised all problems in Indonesian Islamic society. With the method above, the researcher discourses compilation of Islamic law about marriage and farewell. Several methods of law decision that are used, if looked from Islamic authorized argumentation (nas-nas syar’i) and the resources of its decision law argumentation which agreed and disputed by Islamic scholars, then used’, first’, bayani method, it’s a method to know certain meaning with using linguistic approach related with the limitation of a word meaning. Second, ta’lili method, it’s a derivation method of law conclusion to decide certain meaning based on disadvantage of the law. Third, istislahi, it’s a derivation method of law decision based on the advantage aspect. The method of law decision (bayani and ta 7/7;) used as a approach method for deciding the meaning of a word from the aspect of wad’it al-lafdi li al-ma’na (word production for certain meaning), isti’mal al-lafdi fi al-ma’na (word utilization in certain meaning), dilalah al-lafdi ‘ala al-ma’na (word induction toward certain meaning) and kaifiyah dilalah al-lafdi ‘ala al-ma ‘na (induction way of word toward certain meaning). From the result of discourse got a conclusion that law decision method which used in Islamic Law Compilation are bayani, ta ‘lili, and istislahi methods.

keyword : Marriaga, Farewell, KHI.




ISSN: 1693-4296