FORMULASI RECHTSVINDING DENGAN PENALARAN ANALOGIS DALAM EPISTEMOLOGI HUKUM ISLAM  (Telaah Metodologis Qiyas sebagai Ra’y terhadap Mashâdir al-Ahkâm asy-Syar’iyyah)

Hidayatullah, Muhammad Syarif

doi:10.31958/juris.v19i2.2490

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“…This order of sources of law becomes a doctrine, which is agreed upon by the majority of scholars and must be followed in giving the rulings. As for the rest, such as istihsan, mashlahah mursalah, sad adz-dzari'ah, istishhab, 'urf, qaul shahabi, and syar'u man qablana are arguments whose existence is still disputed among ushuliyyin or scholars of Islamic legal theory (Hidayatullah, 2020a(Hidayatullah, , 2020c.…”

Section: Debates Over the Validity Of Ijmamentioning

confidence: 99%

Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach

Hidayati

Hidayatullah

2021

JMS

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This paper aims to examine the construction of ijma in the study of Islamic law through sociological and historical approaches. The research methods applied in this paper are research that explore qualitative data through literature studies. In legal research methods, this research is categorized as normative legal research with a conceptual approach. The concept of ijma becomes the object of study in this paper. Furthermore, the concept of ijma is examined with socio-historical analysis. The results of the discussion show that the difference in views on the concept of ijma as the basis of Islamic law that must be obeyed was influenced by normative arguments (propositions of the Qur'an and sunnah), which are references and different interpretations of legal propositions held as a basis of opinion. The difference in looking at the concept of ijma that can be used as a syar'iyyah (legal) argument also begins from the difference in setting the standard of definition and criteria (principles and conditions) of the ijmak itself and considering the capacity of the ijma in the sense an opinion of "all" or "the majority" of the scholars. In addition, the development of conceptions and laws about ijma is inseparable from the social setting in each period.

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Section: Debates Over the Validity Of Ijmamentioning

confidence: 99%