https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/3234 2026-04-03T23:39:37Z https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/6673 Plastic Surgery in The Syafi‘i Sect: Comparative Study of Fatwa-Fatwa in Brunei Darussalam and Indonesia Fatahillah Plastic surgery happens all around the world. The International Society of Aesthetic Plastic Surgeons (ISAPS) proves that the phenomenon of plastic surgery has hit many countries and is increasing every year. Currently, plastic surgery is not only performed by non-Muslims and in non-Muslim countries, but this procedure is also performed by Muslims from Muslim-majority countries, so it becomes a debate among various levels of Muslim society, both Muslims that observe the provisions set by Islamic law and those who don't observe them. The role of scholars in issuing fatwa is a solution to problems in society that do not have a clear basis in the Qur'an and Sunnah, and because of that, academic scholars have collectively agreed to form an institution that is empowered to provide answers to the problems faced by Muslims, even though the answer is not necessarily binding. Both fatwa institutions in Brunei Darussalam and Indonesia aim to provide benefits to Muslims as both follow and prioritize the school of Syafi'i, using it as a reference in issuing fatwa, because the school of Syafi'i is the government school in Brunei Darussalam and the majority sect of Muslims in Indonesia. Therefore, this research looks at the fatwa on plastic surgery in Brunei Darussalam and Indonesia and their compatibility with the opinion of the Syafi'i sect. The methodology in this study uses the library method. From the perspective of the problem being studied, this research uses an integrative, philosophical, systematic, and universal approach in order to find wisdom or truth. The nature of this research is descriptive and analytical. The analysis method used by the researcher is descriptive, comparative and critical. This study is fully traced using the theory of Maqasid sharia'ah and the basic method of the school of Syafi'i to avoid the principles of takhayyur and talfiq. The results of this study found that plastic surgery is possible at an urgent level that requires to uphold worldly and spiritual benefits so that if plastic surgery is not performed, it will cause a stable loss of benefits. It is different if the plastic surgery is for the sole purpose of improving the appearance, then the law does not allow it. In Brunei Darussalam, fatwa is the responsibility of the Government Mufti Department, while in Indonesia fatwa are the responsibility of the Indonesian Ulama Council (MUI). Plastic surgery fatwa references in Brunei Darussalam, in addition to adhering to the Qur'an and Hadith, also use the basic methods of the Shafi'i sect, while fatwa references in Indonesia only adhere to the Qur'an and Hadith. Likewise, the strength of the fatwa, the method for judicial review and the cause of the fatwa in the two countries are different. Fatwa in Brunei Darussalam are generally in regard to reconstructive and cosmetic surgery, whereas in Indonesia, their focus is more on gender enhancement and gender reassignment. 2023-01-01T00:00:00Z https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/3951 مصطلح الاستحسان في مصنفات الفقه الشافعي فقه المعاملات والأحوال الشخصية والجنايات أنموذجا دراسة تحليلية Hafini bin Mahmud It is well known that al-Imam al-Shafi'e rejects Istihsan as a source of Islamic legislation. However, it is found that there are some Shafi'e works of literature attributed to al-Imam al-Shafi'e were found where he uses Istihsan in some issues on fiqh. This led to several argumentations between scholars where some acclaimed that Imam al-Shafi'e and the Shafi'e also rely on Istihsan in their ijtihad. Moreover, Istihsan terminology are also found in Shafi'e fiqh pieces of literature which raises a question: Do these terms deliver the meaning of al- Istihsan al-’UÎËlÊ or they deliver other meanings? As a result, the objective of this study is to examine Istihsan terminology which are found in Shafi'e fiqh literatures in 46 issues on al-Mu‘amalat, al-AÍwÉl al ShakhÎiyyah and al-Jenayat and to analyse them to determine its meaning. To reach the objective, this research used library research for data collection, which is by examining UÎËl al-Fiqh works of literature and Shafi'e fiqh pieces of literature where the Istihsan terminologies are recorded. The data collected are then analysed. As a conclusion, one of the main findings of this research is: The Istihsan terminologies which were found in Shafi'e fiqh pieces of literature in 46 issues on al-Mu‘amalat, al-AÍwÉl al-ShakhÎiyyah and al- Jenayat mainly refers to lingual (LughawÊ) application of the term and not al- Istihsan al-’UÎËlÊ. This research is hoped to contribute to studies that are related to Mazhab al-Shafi'e fiqh terminologies. 2020-01-01T00:00:00Z https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/3885 Implikasi Qira'at Ibn Kathir dan 'Asim dalam Pengistinbatan Fiqh Mazhab Al-Shafi'i di Institusi Fatwa Negara Brunei Darussalam Siti Jariah @ Aleya Fatehah binti Japar This study discusses Qira'at Ibn Kathir and 'Asim and its implications on the Mazhab al-Shafi'i fiqh at the Brunei Darussalam (NBD) Fatwa Institution. Discussions focused on the background and the presence of the two Qira'at, Usul al-Qira'at and Farsh al-Ḥuruf for both Qira'at and the relevance of both Qira'at to the Mazhab al-Shafi'i and NBD Fatwa Institution. These questions were analyzed in a qualitative study using data collection method of comparison. The selection of Qira'at by these two Imams as a study sample is because Qira'at Ibn Kathir is equivalent to Qira'at Imam al-Shafi'i and Qira'at 'Asim Ḥafṣ is the Qira'at al-Qurʼan of the majority of Muslims worldwide including Muslims in the NBD. The objective of this study was to identify the implications of both Qira'at on the istinbat of the Mazhab al-Shafi'i fiqh at the NBD Fatwa Institution. An important finding of this study is that both Qira'at have implications for the different fiqh Mazhab al-Shafi'i values in the fourteen Farsh al-Ḥuruf analysed. That is, eleven Farsh al-Ḥuruf show the significance of the fiqh of the Mazhab al-Shafi'i based on Qira'at Ibn Kathir, Two Farsh al-Ḥuruf shows that the Imam al-Shafi'i selected and celebrated other Qira'at Mutawatirah besides Qira'at Ibn Kathir One Farsh al-Huruf Imam al Shafi'i combines the two laws contained in the two Qira'at. 2020-01-01T00:00:00Z https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/3847 Metodologi Pengeluaran Fatwa dalam Mazhab Syafi'i di Negara Brunei Darussalam: Analisa Fatwa Bab Munakahat dari Tahun 1994 Hingga 2015 Sa'adatul Sakinah binti Masri Syafi’i school is a renowned ‘mazhab’ that has been reinforced in Brunei Darussalam. It has a great influence on the Islamic community of the country in their everyday life and even so, the Department of the State Mufti in Brunei Darussalam in their decisions to issue fatwas. Thereby, a research study titled ‘Methodology On Fatwas Issued By The Shafi‘i School In Brunei Darussalam: Analysis Of Munakahat Fatwas From 1994 To 2015’ has been carried out. This study consists of three research objectives. First, to research the methodology used by the Shafi’i school on issuing fatwas. Second, to analyse fatwas that has been issued by the Department of the State Mufti of Brunei Darussalam relating to Munakahat from 1994 to 2015. Third, to assess the methodology used by the Department of the State Mufti of Brunei Darussalam in issuing the fatwas and to what extent does it attached to the Shafi‘i school on issuing the fatwas. The methods used in this study are in the form of qualitative and library research. This study institutes that al-Qur’ān, hadith and the thought of the scholars of shafi’i school play a role in the methodology used to issue fatwas based on the Syafi’i school. Methods al Bayān dan al-Qiyās were also used in issuing fatwas. In conclusion, the Department of the State Mufti of Brunei Darussalam dominantly has used the beliefs and speculations of scholars among Shafi‘i school in the methods to issue the fatwas. 2019-01-01T00:00:00Z