AS-Syar'e. jurnal Syari'ah dan Hukum https://ejournal.iainu-kebumen.ac.id/index.php/as <p><em><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">AS-Syar'e:&nbsp; </span></span></em><em><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">Jurnal Syari'ah &amp; Hukum</span></span></em><span style="vertical-align: inherit;"><span style="vertical-align: inherit;"> &nbsp;&nbsp;adalah jurnal peer-review yang diterbitkan dua kali setahun (Juni dan Desember) oleh prodi Ahwal Syakhshiyah, Fakultas Agama Islam Nahdlatul Ulama ( IAINU) Kebumen, Indonesia. </span><span style="vertical-align: inherit;">AS-Syar'e, menyambut hangat akademisi, dan praktisi untuk berkreasi secara analitis dan mendalami isu-isu baru terkait dengan peningkatan tantangan syariah dan hukum dan seterusnya.</span></span></p> IAINU Kebumen en-US AS-Syar'e. jurnal Syari'ah dan Hukum Istiḥsān dan Perannya dalam Eksplorasi Nalar Hukum Islam https://ejournal.iainu-kebumen.ac.id/index.php/as/article/view/1861 <p style="margin: 0cm; text-align: justify;"><em><span style="color: #252525;">This research aims to describe the history of the emergence of istiḥsān as a source of Islamic tasyri' and outline the argumentative position (hujjiyah) of istiḥsān among scholars across schools of thought. This research is library research using descriptive and qualitative methods. The results of the research show that istiḥsān, as a method of ijtihad using ra'yu, had its initial seeds discovered during the time of the Prophet's companions. Although it had not yet become an independent discussion, it later became an independent method after entering the era of the mujtahidin imams, especially in the hands of Abū Ḥanīfah. Istiḥsān can actually be said to represent the convenience provided by Islam through its Shari'a, especially istiḥsān, which is associated with emergency conditions and 'urf. In general, it can be said that the differences of opinion of the ulama regarding the validity of istiḥsān are editorial in nature and not substantial. Because scholars who adhere to istiḥsān do not intend to base it solely on lust. Meanwhile, those who rejected it were also motivated by their caution so that the mujtahid would not be trapped in the despicable use of ra'yu. Therefore, we have also discovered that al-Syāfi'ī - who is considered to be the scholar who first questioned istiḥsān - apparently also used it in his various ijtihads.</span></em></p> Muhammad Ikhsan Azwar Azwar ##submission.copyrightStatement## 2023-12-25 2023-12-25 2 2 1 13 10.33507/as.v2i2.1861 Konsep Al. Amwal Dalam Maqashid Syariah https://ejournal.iainu-kebumen.ac.id/index.php/as/article/view/1757 <p><em>This research aims to determine the concept of al. amwal (treasure) in mawashid syari'ah. The author uses a qualitative research approach with a library research method, namely a method that uses library sources such as journals, research results, theses, and others related to the research topic. The results of this research show that the concept of al. Amwal in maqashid sharia is explained by many fuqoha who give different opinions, but there is a similarity between these opinions that amwal is everything that can be owned by humans, has value, and can be useful. Second, the position of al. Amwal (treasure) in Islam plays an important role in human life. Guarding property is one of the five things that humans must guard. Third, how to obtain al. Amwal in Islam must be done in a halal manner. Fourth, the concept of distribution in Islam must be able to provide benefits for the people. Fifth, Division al. amwal is divided into amwal inneriyah and zahiriyah, as well as amwal 'am and khas.</em></p> M. Fahmi Ashari ##submission.copyrightStatement## 2023-12-25 2023-12-25 2 2 14 28 10.33507/as.v2i2.1757 Bunuh Diri dan Euthanasia Kajian Tafsir Ahkam https://ejournal.iainu-kebumen.ac.id/index.php/as/article/view/1885 <p><em>The phenomenon of suicide and euthanasia has been an interesting study for a long time. Killing oneself is doing something that will cost one's life, such as cutting one's veins, drinking poison, stabbing one's self with a sharp object, drowning one's self in a well or the sea, installing a bomb on one's body, or whatever the motive for the act is, whether because of frustration (worldly affairs) or want to die as a martyr (istishhad).&nbsp;</em><em>Meanwhile, euthanasia is linguistically derived from the Greek eu, which means "good", and thanatos, which means "death". In Arabic, Euthanasia is known as qatl ar-rahmah or taysîr al-mawt. According to medical terms, euthanasia means an action to relieve the pain or suffering experienced by someone who is about to die; It also means hastening the death of someone who is in great pain and suffering before his death. Euthanasia is often called mercy killing (death in peace).</em><em>The presentation of this writing begins by presenting the verse text, vocabulary (ma'ani al-Mufradat), ijmali interpretation, and explanation of the content. Then the legal guidelines regarding both are explained. As for Euthanasia, the speaker explained it in separate points for more detail.</em></p> Istianah Istianah Istianah ##submission.copyrightStatement## 2023-12-25 2023-12-25 2 2 29 47 10.33507/as.v2i2.1885