Sukut Al-Syâri` Dalam Perspektif Imam Al-Syathiby Dan Kehujjahannya Dalam Ijtihad

Ikhlas, Al; Wardevi, Riza; Wiza, Rahmi

doi:10.31958/juris.v16i1.966

Cited by 2 publications

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“…Oleh sebab itu, menerapkan hukum Islam dalam segala lini kehidupan merupakan sebuah keharusan dan bersifat penghambaan meskipun aturan tersebut mengatur hubungan antar individu dalam kehidupan. Sebab tujuan dari penerapan hukum Islam adalah untuk mewujudkan kemashlahatan bagi manusia pada kehidupan dunia dan akhirat nantinya (Ikhlas et al, 2017).…”

Section: Pendahuluanunclassified

Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara

Ikhlas

Yusdian²,

Murniyetti

et al. 2022

kwkib

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The formation of national law which is the basis for realizing justice in Indonesia has gone through a long process. Starting from the entry of Islam into Indonesia and is still ongoing now. In the formation of the national law, there are at least four theories that explain how the struggle for legal sources that have been integrated with Indonesian society has crystallized into the main guideline in regulating the lives of Indonesian people. The sources of law are Religious Law, Customary Law, and Dutch Law. Combining these three sources of law to become national law is not simple. So that clashes often occur which results in the birth of various conflicts in the community. In particular, when the Dutch Colonial tried to apply their laws in Indonesia, they set rules according to their interests in order to strengthen their grip on the colonized country. So to explain how the process of forming national law, there are several theories that can explain it, namely: Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism. This research is in the form of qualitative which tends to be analytical and descriptive. Data were collected from various relevant literature and then analyzed using interactive methods. Thus, the findings of this study are that the theory of Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism explains that national law and religious law have a strong relationship. So national law and religious law will always be united in their principles because the majority of Indonesian people are Muslims.

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Section: Pendahuluanunclassified

Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara

Ikhlas

Yusdian²,

Murniyetti

et al. 2022

kwkib

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“…In this fourth method, Imam al-Shatibi mentioned that Allah remain silence on certain matter of human's action by not providing the detailed explanation specifically. But on the other hand, when it is analyzed deeply, certain meanings that returned to the general argument can be found to identify the law (Ikhlas et al, 2017).…”

Section: The Concept Higher Objectives and Intents Of Islamic Law (Maqasid Al-shari`ah) According To Imam Al-shatibimentioning

confidence: 99%

The Theory of Higher Objectives and Intents of Islamic Law (Maqasid Al-Shariah) as One of Instrument of Ijtihad According to Imam al-Shatibi in Al-Muwafaqat Fi Ushli Al-Syari`ah

Ikhlas

Yusdian

Alfurqan

et al. 2021

JMS

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As written in Al-Muwâfaqât Fi Ushûli Al-Syari'ah, Imâm Al-Shatibi explained that every divine law (the command of Allah) must be prescribed on purposes and objectives. The desired objective of law is to fulfill for the benefit of humankind. Imâm Al-Shatibi divided the higher objectives of law into two categories: (1) the objectives of the Lawgiver (Allah as the Lawgiver), and (2) the human objectives (the benefits that refer to human as the doer of Law). The human objectives are defined in three scales: from the ‘essential’ (dharûriyat), to the ‘necessary’ (hajiyât), and to the ‘complementary’ (tahsiniyât). Furthermore, Imam Al-Shatibi explained that there are four steps in understanding the human objectives. The first is understanding maqasid (the objectives) through the purity of the command and prohibitions. Second,it is understanding maqasid through the existence of ‘illah (basis) contained in commands and prohibitions. And the third, understanding the maqasid through the law that related to 'adah (habit) and 'ibadah (worship) which have the main and additional objectives. Fourth, understand the maqasid through silence due to the absence of any occasions or circumstances for further declaration related to the certain matter. In other word, for certain issue, there is no evidence from the Holy book that provides the reasons of the law implementation even though there is a meaning (ma’na) behind the revelation.

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Sukut Al-Syâri` Dalam Perspektif Imam Al-Syathiby Dan Kehujjahannya Dalam Ijtihad

Cited by 2 publications

References 0 publications

Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara

Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara

The Theory of Higher Objectives and Intents of Islamic Law (Maqasid Al-Shariah) as One of Instrument of Ijtihad According to Imam al-Shatibi in Al-Muwafaqat Fi Ushli Al-Syari`ah

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