HUKUM MENYEMBELIH HEWAN KURBAN PADA MALAM HARI DI HARI-HARI TASYRIK (STUDI PERBANDINGAN MAZHAB MALIKI DAN MAZHAB SYAFII)

Ridwan Muntaha, NIM.: 15360026 (2022) HUKUM MENYEMBELIH HEWAN KURBAN PADA MALAM HARI DI HARI-HARI TASYRIK (STUDI PERBANDINGAN MAZHAB MALIKI DAN MAZHAB SYAFII). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

According to the Maliki school, it is illegal to slaughter a sacrificial animal at night on the days of tasyrik. different from the Shafii school which states that it is legal to slaughter sacrificial animals both day and night on tasyrik days. The difference of opinion between these two schools of thought departs from the basis of the same textual argument but is understood by the istidlal of each school which causes different legal stipulations. If applied to today's conditions, which school of thought is better and more relevant to apply? The type of this research is Library Research, which is research that is conducted and focused on reviewing and discussing literature related to the understanding of the Maliki and Syafii schools of thought in determining the law of slaughtering sacrificial animals at night on Tasyrik days as the object of this research. the author uses the method of analysis-descriptive-comparative in this study. The approach that used for this research is the Istihsan ushul fiqh approach. Istihsan is one of the methods of determining law in ushul fiqh by transferring the law from the original law to another law because it is considered that the other law is better and maslahah to apply. Based on the results of the study, it is known that the opinion of the madhhab that is better and more relevant to be applied to today's conditions based on a review using the Istihsan method is the opinion of the Shafi'i school. Because by establishing the validity of slaughtering sacrificial animals day and night, it provides more time for people who want to carry out sacrifices. As for the opinion of the Maliki school, it is more suitable to be applied in ancient times where the lighting at that time was still not as sophisticated as today's lighting, so it was feared that if the slaughter was carried out on a dark night, an accident would occur.

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