The Concept of Al-Syatibi's al-Ta'arud wa al-Tarjih: Scientific Faith and Methodology Solution to Legal Istinbat

Abstract

Al-Ta‘āruḍ wa al-tarjīḥ is a methodology offered by al-Syāṭibī to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘āruḍ wa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-Muwāfaqāt. To al-Syāṭibī, no at-ta‘āruḍ (contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbāṭ al-ḥukm (taking out the law) which originated from the ẓāhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbāṭ al-ḥukm.

The Participation of the Breeders : Regional Regulation of Dumai City Concerning Livestock and Pets

“…This is important, when viewed from a legal point of view, of course, as a regulatory tool to make it more orderly. Farkhani et al (2018) said that law had been established as a means of service to the attainment of order and peaceful society, both individually and in groups. A law that makes it necessary to do or not do something that also explains the authority of the institution and the sanctions imposed if it violates the law.This is in line with the opinion of Romli in Saifullah (2018) which states that the law may not only change the patterns of government implementation, but that it is also widespread in people's lives.…”