22/03/2013

Istishab



CHAPTER I
INTRODUCTION

A.    BACKGROUND
Islam is a complete and detailed religion from law side. Everything has been arranged by Allah in the Qur'an and Prophet in the Sunnah. Quran and Sunnah are the highest sources of Islamic law, because it is certain and there is no doubt inside. From these two sources, so Islamic law explored and found to regulate the lives of God's creatures in the world.
To find and establish Islamic law, scholars mobilize all the ability of his reason, which is commonly referred to ijtihad. In doing ijtihad, scholars formulate some methods. Qiyas method is considered the most powerful and high quality. If the results of these methods agreed by all scholars, it is called ijma'.Qiyas and ijma' are the argument that agreed by all Islamic scholars.
There are several methods of ijtihad which not all scholars agree. Among them are: Istihsan, Maslahahal-mursalah, Istishab, 'Urf, Syar'u man qablana, etc. In this paper will be presented in one of the methods of ijtihad, it is Istishab, either from understanding, kinds, or it’s proofing.

B.     THE FORMULATION PROBLEM
1.         What is Istishab?
2.         How the opinion of scholars about Istishab proofing?
3.         What kinds of Istishab?

C.    THE GOALS
1.         To explain the definition of Istishab.
2.         To identify the opinion of scholars about Istishab proofing.
3.         To explain kinds of Istishab.

08/03/2013

research hadits


A.  PRELIMINARY
Islam as a comprehensive religion, has two sources of law that definitely and clearly, named al-Quran and al-Hadith. The Qur'an is the word of Allah as revealed to the Prophet Muhammad as a revelation, therefore, Qur’an has no doubt in it. Whereas hadith that come from sayings, actions, and decisions of the Prophet, it was transmitted not only to the people who trusted only, but to all those who hear or see it. Therefore, a lot of misunderstanding in the transmission of hadith, and there are also those who deliberately falsified hadith by certain causes. It makes the hadith has many kinds and levels. Hadith that correctly called the saheeh, while the weak called da'eef.
A hadith used for assign a specific legal and become a theorem for the law. Many Muslims are often heard some hadiths, some are even memorize with particular purpose. But, these activities seem less offset by some other, more in-depth knowledge of the intricacies of hadith. Due to study a hadith, it is actually necessary to other sciences in order to determine the value of a hadith and facilitate in understanding it.
So, in addition for fulfilling the assignment of Ulumul Hadith, this study aims to determine the assessment process of  Hadith based seriality of sanad, the quality of the narrators and authenticity of matan and understand the meaning of the hadith. In addition, we may explore again the works of the scholars were very numerous.
Muamalah is a part of the fiqh which has a very broad scope compared to the other branches of fiqh. Muamalah practice specifically evident in the economic activities carried out by the Muslim community. Even today, people who practicing muamalah not only Muslims but also non-Muslims. It is evident that the practice economy which based on Shari'a has many benefits for all parties.
Economics is closely associated with a financial institution, one of the main is bank. Currently, many banks appear based on the principles of Shari'a are commonly called Islamic banks. The fundamental difference between Islamic banks and conventional banks is a system of profit sharing as a source of profit in Islamic banking. The term profit sharing only in Islam, because profit sharing is a method of division of profits in a trust. Not only the profits which is divided equally and as agreed, but also the losses that may result from the practice.
Profit sharing system is closely associated with mudaraba. This contract is one of the types of Musharaka (in the opinion of scholars Hanafiyah). Mudaraba contract become one of the popular and frequently used by the public at this time, as mudaraba can form a partnership between the owners of capital and workers, both of them will get benefit based on mutual agreement.
Mudaraba has been done since the time of Prophet Muhammad, it is evidenced by the several hadith that tells about this muamalah practice. However, it should be examined further as not all status of hadith are saheeh. There is a hadith that da'eef or weak because there are some requirements that are not met as the saheeh hadiths.