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ABSTRACT :Tulisan ini hendak melihat bagaimana transformasi dan krisis otoritas yang terjadi dalam bingkai hukum Islam. Untuk keperluan ini, penulis menyandingkan teori otoritas yang digagas oleh Weber dan Hallaq. Hallaq menyatakan bahwa otoritas yang berkembang dalam tradisi hukum Islam adalah otoritas epistemis yang berpusat pada para ahli hukum Islam (al-fuqaha'). Otoritas ini ditandai denga…
ABSTRACT : Philosophy of Islamic Law is one of the Islamic sciences that is young and still seeking its establishment of its issues. This youngest science is not born together with methodological shari'ah sciences like traditional ushul al-fiqh and al-qawa' id al fiqhiyah.
ABSTRACT : The present article discusses the legal sources used by Sayyid Ahmad Khan in eshtablishing his legal opinions. Khan is progressive enough in viewing the validity of al-qur'an as a primary legal source. On the contrary, he views hadist as a legal source that can be accepted after being examined by using modern critic standards. Ijma' (general consesus based on a canonical argumentatio…
ABSTRACT : It is evident that Islamic law covers both closed and open areas. The closed area does not receive any changes and dynamics. It is a definite law (qath'i) that keeps the unity of Moslems' thoughts and actions. On the contrary, the open area is indefinite (dzanni), either from its resources or its denotion, which constitutes the greatest part of legal verdicts in Islamic jurisprudence…
ABSTRACT : The sacred Islamic law (Divine) is a law that cannot be separated from its cultural and social relationship. It thus cannot be denied due process does not fall within the cultural and social vacuum; it is the results of cultural and social dialectics at the time. This is confirmed by Maliki, Hanafi and Shafi'i schools of thought. However, Joseph Schacht considers that although the cu…
ABSTRACT : In Islam there is no clergy and no one can really claim the authority of God. Equality and accessibility of God's truth is true for anyone. Muslims should strive to find God's will, but no one has the authority to file claim exclusively upon the truth. In this context, people often encounter the famous narration of the prophet, that "every mujtahid is correct". In the polemic of Isla…
ABSTRACT : Islamic law is regulation and it is derived from the divine revelation of God to regulate human life to achieve happy life both in the world and the hear after. From this understanding, the actualization of Islamic law is implemented into two dimensions, they are ilahiyah (divine) and insaniyah (humanism). In other words, Islamic law can be stated as normative law and it is used as a…
NIM:3213053054