Jeny Rheka - Academia.edu (original) (raw)
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Papers by Jeny Rheka
Nukhbatul 'Ulum : Jurnal Bidang Kajian Islam, Dec 21, 2023
This research aims to find out the opinions of Imam Syāfi'i and Imam Abū Ḥanīfah regarding determ... more This research aims to find out the opinions of Imam Syāfi'i and Imam Abū Ḥanīfah regarding determining had and kafarat with qiyas. This research includes library research using a normative approach and a comparative approach. The results of the research show that; firstly, Imam Syāfiʻī allows the use of qiyas in determining had, kafarat with the terms of rukun, and qiyas conditions in determining qiyas. Meanwhile, Imam Abū Ḥanīfah rejects the idea of determining had and kafarat because had been established to prevent people from being afraid of committing immoral acts and kafarat was established to abort sins. Second, the similarity of opinion between Imam Syāfiʻī and Imam Abū Ḥanīfah is the use of figures of speech as legal istinbat. The difference is that Imam Abū Ḥanīfah does not use qiyas in matters of had and kafarat except for the crime of takzir, while Imam Syāfiʻī considers it valid to use qiyas in the aspect of jinayat.
Nukhbatul 'Ulum : Jurnal Bidang Kajian Islam, Dec 21, 2023
This research aims to find out the opinions of Imam Syāfi'i and Imam Abū Ḥanīfah regarding determ... more This research aims to find out the opinions of Imam Syāfi'i and Imam Abū Ḥanīfah regarding determining had and kafarat with qiyas. This research includes library research using a normative approach and a comparative approach. The results of the research show that; firstly, Imam Syāfiʻī allows the use of qiyas in determining had, kafarat with the terms of rukun, and qiyas conditions in determining qiyas. Meanwhile, Imam Abū Ḥanīfah rejects the idea of determining had and kafarat because had been established to prevent people from being afraid of committing immoral acts and kafarat was established to abort sins. Second, the similarity of opinion between Imam Syāfiʻī and Imam Abū Ḥanīfah is the use of figures of speech as legal istinbat. The difference is that Imam Abū Ḥanīfah does not use qiyas in matters of had and kafarat except for the crime of takzir, while Imam Syāfiʻī considers it valid to use qiyas in the aspect of jinayat.