1.Taqlid yang haram
Ulama sepakat haram melakukan taqlid ini. Taqlid ini ada tiga macam :
a. Taqlid semata-mata mengikuti adat kebiasaan atau pendapat nenek moyang atau orang dahulu kala yang bertentangan dengan al Qur`an Hadits.
b. Taqlid kepada orang atau sesuatu yang tidak diketahui kemampuan dan keahliannya, seperti orang yang menyembah berhala, tetapi ia tidak mengetahui kemampuan, keahlian, atau kekuatan berhala tersebut.
c. Taqlid kepada perkataan atau pendapat seseorang, sedangkan yang bertaqlid mengetahui bahwa perkataan atau pendapat itu salah.
2.Taqlid yang dibolehkan
Dibolehkan bertaqlid kepada seorang mujtahid atau beberapa orang mujtahid dalam hal yang belum ia ketahui hukum Allah dan RasulNya yang berhubungan dengan persoalan atau peristiwa, dengan syarat yang bersangkutan harus selalu berusaha menyelidiki kebenaran masalah yang diikuti itu. Jadi sifatnya sementara. Misalnya taqlid sebagian mujtahid kepada mujtahid lain, karena tidak ditemukan dalil yang kuat untuk pemecahan suatu persoalan. Termasuk taqlidnya orang awam kepada ulama.
Ulama muta akhirin dalam kaitan bertaqlid kepada imam, membagi kelompok masyarakat kedalam dua golongan:
a. Golongan awan atau orang yang berpendidikan wajib bertaqlid kepada salah satu pendapat dari keempat madzhab.
b. Golongan yang memenuhi syarat-syarat berijtihad, sehingga tidak dibenarkan bertaqlid kepada ulama-ulama.
Golongan awam harus mengikuti pendapat seseorang tanpa mengetahui sama sekali dasar pendapat itu (taqlid dalam pengertian bahasa).
3. Taqlid yang diwajibkan
Wajib bertaqlid kepada orang yang perkataannya dijadikan sebagai dasar hujjah, yaitu perkataan dan perbuatan Rasulullah SAW.
Penjelasan Seputar Ijtihad , Taqlid, dan Madzhab dibahas secara panjang lebar oleh Mama Mahmud Zuhdi Sumedang dalam Risalahnya yang bahasa Arab berjudul Durorul Maknunah wal Mansyuroh fi Bayanil Ijtihadiyah wat Taqlidiyah.
Rabu, 22 Juni 2011
Minggu, 28 September 2008
The law of the Trade Transaction in a manner Kredit
One of the business activities that happened in this modern time was the trade in the thing in a manner credit with the price that labih high than usually. His practice sometimes the lender installs two prices, if bought in a manner his price credit so many and if his price cash so many.
But sometimes indeed the lender only sold the thing in a manner credit then. Certainly the selling price of the thing in a manner credit was more expensive than sold cash. How the status of the law from the transaction like this?
The Muslim scholars formulated the rules about the transaction law (mu’amalah) that in principle the law bertransaksi able to (neutral) except if inside was gotten the element of the deception (gharar), sepekulasi (maysir), usury and goods were sold twice.
There was the term that was general namely the transaction “dijual dua” that is selling a thing to two people or more, or mentransaksikan a thing with the price of credit and the price of cash but the buyer at once carried him without explained whether bought with in cash or with in a manner credit.
Here, for this transaction of the credit model, the Muslim scholars disagreed: (1) Jumhur the expert fiqih, like mazhab Hanafi, Syafi'i, Zaid bin Ali and Muayyid Billahi believed, that the trade that his payment was postponed and had the increase in the price for the seller's side because this postponement was legal. According to them the postponement was the price. They saw to the public's proposition that allowed.
(2) .Jumhur the Muslim scholar appointed, that a trader might increase the price according to that was appropriate, because in his origin might and nash that forbade him to be not available. On the other hand if until to his limit of legal tyranny changed became forbidden.
(3). The other opinion said that efforts raised the price above that sebenamya the reason for credit (the postponement of payment) closer to usury nasiah (in addition of the price because of the limit to time) that was clear was banned by nash Al-Qur’anul Karim.
So, in my opinion, the trade transaction in a manner his legal credit was legal and lawful provided that the contract (his transaction) between the seller and the buyer was done clearly (aqd sharih). Meaning that, between the seller and the buyer together knew and was gotten by the price agreement of the thing and the deadline at the time of the contract.
The trade transaction in a manner credit with the price that was more expensive compared to bought in a manner his legal cash was legal and lawful. With the condition, the transaction between the seller and the buyer was done and aqd sharih ’adam Al jahalah (was carried out honestly and mensepakati the deadline and the price of the thing).
Lest the contract has been finished and the thing already in brought came home now between the seller and the buyer did not yet have the agreement, bought in cash or cash. So as the buyer broke personally in his contract after some time from transaction time. Lack of clarity like this his law was forbidden because his contract was unclear (sharih).
HM Cholil Nafis, Lc., MA, Vice Chairman of Lembaga Bahtsul Masa’il PBNU
But sometimes indeed the lender only sold the thing in a manner credit then. Certainly the selling price of the thing in a manner credit was more expensive than sold cash. How the status of the law from the transaction like this?
The Muslim scholars formulated the rules about the transaction law (mu’amalah) that in principle the law bertransaksi able to (neutral) except if inside was gotten the element of the deception (gharar), sepekulasi (maysir), usury and goods were sold twice.
There was the term that was general namely the transaction “dijual dua” that is selling a thing to two people or more, or mentransaksikan a thing with the price of credit and the price of cash but the buyer at once carried him without explained whether bought with in cash or with in a manner credit.
Here, for this transaction of the credit model, the Muslim scholars disagreed: (1) Jumhur the expert fiqih, like mazhab Hanafi, Syafi'i, Zaid bin Ali and Muayyid Billahi believed, that the trade that his payment was postponed and had the increase in the price for the seller's side because this postponement was legal. According to them the postponement was the price. They saw to the public's proposition that allowed.
(2) .Jumhur the Muslim scholar appointed, that a trader might increase the price according to that was appropriate, because in his origin might and nash that forbade him to be not available. On the other hand if until to his limit of legal tyranny changed became forbidden.
(3). The other opinion said that efforts raised the price above that sebenamya the reason for credit (the postponement of payment) closer to usury nasiah (in addition of the price because of the limit to time) that was clear was banned by nash Al-Qur’anul Karim.
So, in my opinion, the trade transaction in a manner his legal credit was legal and lawful provided that the contract (his transaction) between the seller and the buyer was done clearly (aqd sharih). Meaning that, between the seller and the buyer together knew and was gotten by the price agreement of the thing and the deadline at the time of the contract.
The trade transaction in a manner credit with the price that was more expensive compared to bought in a manner his legal cash was legal and lawful. With the condition, the transaction between the seller and the buyer was done and aqd sharih ’adam Al jahalah (was carried out honestly and mensepakati the deadline and the price of the thing).
Lest the contract has been finished and the thing already in brought came home now between the seller and the buyer did not yet have the agreement, bought in cash or cash. So as the buyer broke personally in his contract after some time from transaction time. Lack of clarity like this his law was forbidden because his contract was unclear (sharih).
HM Cholil Nafis, Lc., MA, Vice Chairman of Lembaga Bahtsul Masa’il PBNU
The birth certificate and the Right of Waris
the Government gave the appeal to the community to immediately equip the identity by having the birth certificate, and being explained that they who did not have the birth certificate, then did not have inheritance rights opposite the court.
Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government?
Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih
But the certificate continued to be acknowledged as one of the space of the determination law of the inheritance, while being not made the only proof. Saw in Bughyah al-Mustarsyidin hlm. 155 and 276-277
Like the dispute between the heir who carried him to the court, happened and result in fell him inheritance rights from the heir who did not have the birth certificate, then was permitted by him to seize his right with had while not causing slander. And if causing slander, then the method was wiser that must be followed was to carry out the equal to the taller court. Bughyah al-Mustarsyidin the matter 286-287 and 276
(was proofread from produced by Bahtsul Masa’il Kubro Ii 2007 committees of Bahtsul Masa’il Pondok Pesantren Lirboyo Kediri)
Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government?
Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih
But the certificate continued to be acknowledged as one of the space of the determination law of the inheritance, while being not made the only proof. Saw in Bughyah al-Mustarsyidin hlm. 155 and 276-277
Like the dispute between the heir who carried him to the court, happened and result in fell him inheritance rights from the heir who did not have the birth certificate, then was permitted by him to seize his right with had while not causing slander. And if causing slander, then the method was wiser that must be followed was to carry out the equal to the taller court. Bughyah al-Mustarsyidin the matter 286-287 and 276
(was proofread from produced by Bahtsul Masa’il Kubro Ii 2007 committees of Bahtsul Masa’il Pondok Pesantren Lirboyo Kediri)
The birth certificate and the Right of Waris
the Government gave the appeal to the community to immediately equip the identity by having the birth certificate, and being explained that they who did not have the birth certificate, then did not have inheritance rights opposite the court.
Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government? Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih.
Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government? Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih.
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| The Kabah of Old era |
Jumat, 26 September 2008
The Ramadhan SMS quiz has a prize
In Recent Times was increasingly bright of the quiz with SMS facilities (short message service or the service the short message) or the telephone. Moreover around and in Ramadhan month moments, the SMS quiz was not increasingly counted by the amount.
How this quiz law?
The quiz law had a prize with SMS facilities or the telephone was forbidden and including the category maisir (gambling/the bet alias gambling) as being named in Al-Qur'an, if being fulfilled one of the several matters as follows:
A. The guessers paid several funds in the form of the pulse as the condition for the possibility of succeeding in obtaining the profit with the risk of the loss of the fund loss that was paid.
B. The organising side obtained the profit that originated in payment of several funds by the guessers.
C. The profit for the organising side and the gift for some guessers berkibat in the loss for the other guessers with the fund loss that was paid.
The explanation above was the abstract from the explanation of Syeikh Manshur ibn Yunus ibn Idris Al-Bahutiy in Kasysyaf al-Qina (the VI Volume, H.424), Syeikh Sulaiman ibn 'Umar ibn Muhammad al-Bujairimi in Hasyiyah al-Bujairimi' Ala 'al-Iqna' (the Volume 3, H. 348), Syeikh Muhammad 'Ali Ash-Shabuniy inside Rawai' Al-Parakeet Tafsir of the Article of Al-Qur'an (the I Volume, H. 279), and Wahbah Az-Zuhailiy Sheikh in Al-Fiqh al-Islamiy Wa Adillatuh (the VII Volume, H.4981-4982).
The explanation of the answer and the explanation of the Muslim scholars as above was the conclusion from explication of the Muslim scholar fiqh against nash Al-Qur'an and the USA-Sunnah. Allah decreed:
They asked you about khamr and gambling. For instance: to both of them that was gotten by the big sin and several manfa`at for humankind, whereas the sin both of them bigger than manfa`at him. (QS Al-Baqarah: 219)
يَاأَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ .المائدة : ٩٠
Hi faithful people, actually khamr, gambling, (made a sacrifice to) the idol, and drew lots fate with the bow was the mean action that including the devil's action. Then avoided the actions so that you receive luck. (QS Al-Maidah: 90)
إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُـدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنْتُمْ ْتَـهُونَ. المائدة : ٩١
عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو: (أَنَّ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ الْخَمْرِ وَالْمَيْسِرِ وَالْكُوبَةِ وَالْغُبَيْرَاءِ وَقَالَ كُلُّ مُسْكِرٍ حَرَامٌ. رواه أبو داود
From Abdullah ibn Amr: "Actually Nabi SAW. banned khamar and gambling, as well as the drum and ketipung." And spoke he: every time that was intoxicating was forbidden. (HR Abu Daud) So. We suggested all of us to look for the production with natural efforts and in accordance with the provisions Allah SWT. Jangan Sampai we were tempted with tantalised-tantalised the gift that on one hand trapped us whereas that was forbidden, and on the other side to throw our dream by Islam islamic canon law to get the production with without make every effort and working.
KH Arwani Faishal, Vice Chairman of Lembaga Bahtsul Masail PBNU
How this quiz law?
The quiz law had a prize with SMS facilities or the telephone was forbidden and including the category maisir (gambling/the bet alias gambling) as being named in Al-Qur'an, if being fulfilled one of the several matters as follows:
A. The guessers paid several funds in the form of the pulse as the condition for the possibility of succeeding in obtaining the profit with the risk of the loss of the fund loss that was paid.
B. The organising side obtained the profit that originated in payment of several funds by the guessers.
C. The profit for the organising side and the gift for some guessers berkibat in the loss for the other guessers with the fund loss that was paid.
The explanation above was the abstract from the explanation of Syeikh Manshur ibn Yunus ibn Idris Al-Bahutiy in Kasysyaf al-Qina (the VI Volume, H.424), Syeikh Sulaiman ibn 'Umar ibn Muhammad al-Bujairimi in Hasyiyah al-Bujairimi' Ala 'al-Iqna' (the Volume 3, H. 348), Syeikh Muhammad 'Ali Ash-Shabuniy inside Rawai' Al-Parakeet Tafsir of the Article of Al-Qur'an (the I Volume, H. 279), and Wahbah Az-Zuhailiy Sheikh in Al-Fiqh al-Islamiy Wa Adillatuh (the VII Volume, H.4981-4982).
The explanation of the answer and the explanation of the Muslim scholars as above was the conclusion from explication of the Muslim scholar fiqh against nash Al-Qur'an and the USA-Sunnah. Allah decreed:
يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا .البقرة : ٢١٩
They asked you about khamr and gambling. For instance: to both of them that was gotten by the big sin and several manfa`at for humankind, whereas the sin both of them bigger than manfa`at him. (QS Al-Baqarah: 219)
يَاأَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ .المائدة : ٩٠
Hi faithful people, actually khamr, gambling, (made a sacrifice to) the idol, and drew lots fate with the bow was the mean action that including the devil's action. Then avoided the actions so that you receive luck. (QS Al-Maidah: 90)
إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُـدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنْتُمْ ْتَـهُونَ. المائدة : ٩١
SMS / Email
Translation:
Actually the devil meant will cause the enmity and hatred between you the reason (drank) khamar and gambled that, and obstructed you from remembering Allah and the prayer; then stopped you (from doing the work). (QS Al-Maidah: 91)
عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو: (أَنَّ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ الْخَمْرِ وَالْمَيْسِرِ وَالْكُوبَةِ وَالْغُبَيْرَاءِ وَقَالَ كُلُّ مُسْكِرٍ حَرَامٌ. رواه أبو داود
From Abdullah ibn Amr: "Actually Nabi SAW. banned khamar and gambling, as well as the drum and ketipung." And spoke he: every time that was intoxicating was forbidden. (HR Abu Daud) So. We suggested all of us to look for the production with natural efforts and in accordance with the provisions Allah SWT. Jangan Sampai we were tempted with tantalised-tantalised the gift that on one hand trapped us whereas that was forbidden, and on the other side to throw our dream by Islam islamic canon law to get the production with without make every effort and working.
KH Arwani Faishal, Vice Chairman of Lembaga Bahtsul Masail PBNU
Jumat, 05 September 2008
Might give Salam in A Group of Women?
The questioner: Mayasari, Surabaya
How the law of a man greeting (salam) in a band of the woman?
Answered;
A man said greetings in the female collection not the problem. Because according to islamic canon law was not worried emerged slander. For a group of woman, one of them must there are those that answered him. Because in the law answered greetings, if that listened to the greetings of a group of person, then his law fardu kifayah (if being one that answered, has fallen the other obligation; was the reverse if being not that answered, the sin all of them). And if that heard the greetings alone, then the law replied greetings were fardu ain. Whereas for the woman (that dihasrati) that was alone, answered male greetings that also were alone, his law was forbidden. And for the man sedirian, forbidden said greetings to the woman who also was alone. Because of being worried had slander.
See: Dalîlul-Fâlihîn/3/247; Mughni al-Muhtâj/4/213; I’ânatuth-Thâlibîn/4/185. This question was contained in the Sidogiri Bulletin and it was replied by the Murajaah that was coordinated by Ust Baihaqi Juri.
Having capital of Rp 1 billion, Bankrupt, Obligatory alms?
The questioner: Muhsin Ad
If having the person of the trade business by capital of Rp 1 billion, afterwards the loss until Rp 1 billion that remained at Rp 100 thousand, what the person continue to have an trading obligation alms? Thank you.
Answered:
In An Effort To the trade, if reaching one nisab (minimal limit of obligation alms), then obligatory was spent his alms, good that reached one nisab that his capital or capital and the profit. For the case that was asked about by you, Rp money 1 billion that was made capital of trade efforts to have reached one nisab. Therefore, trade alms must be spent after achieving the period one year.
See: Hâsyiyah al-Bâjûrî/1/286; Nihâyatuz-Zain/165; Busyrâ al-Karîm/2/51. This question in there ised enough room in the Sidogiri Edisi Bulletin 29 and was answered by the Murajaah Fiqhiyah Team (LMF) Kuliyah Syariah Pondok Pesantren Sidogiri that is coordinated by Ust Baihaqi Juri.
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