Dialektika hukum Islam pada masa awal Islam

Junaidy, Abdul Basith (2016) Dialektika hukum Islam pada masa awal Islam. Al-Jinayah: Jurnal Hukum Pidana Islam, 2 (2). pp. 420-439. ISSN 2460-5565

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Abstract

The dynamic and dialectical theory of Islamic law had been since the time of the Prophet Muhammad (p.b.u.h). However, the theory of Islamic law in a comprehensive form had just started at the time of al-Shafi'i, and then continuously further developed and refined by the next future jurists of different schools of Islamic law there. The theory of classical Islamic law seeks to integrate the authoritative text (nushus) and the role of human reason (ra'y). However, the function of the human mind is at a lower level (subordinate) and additional (subsidiary) rather than function doctrine revealed by God (nushush). All schools of Islamic law that had developed at that time had to conform to the model of integration that had to do certain concessions if it wanted to gain recognition as a legitimate school of law. For example, traditionalists must accept ra'y in the form of qiyas. For this reason, the schools of Islamic law which would not accept qiyas, it would have been out of the circulation, such as Zahiri and Hasywiyah schools.

Item Type: Article
Creators:
Creators
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Junaidy, Abdul Basith
basithjunaidy71@gmail.com
2021107101
Uncontrolled Keywords: Islamic Law; early time of Islam; nushûsh; ra'y
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012811 Nusyuz, Syiqaq & Kekerasan Dalam Rumah Tangga (Marriage Violence)
Divisions: Pascasarjana > Prodi Dirasah Islamiyah (MDI)
Depositing User: Samidah Nurmayuni
Date Deposited: 03 Feb 2022 07:54
Last Modified: 03 Feb 2022 07:54
URI: http://repository.uinsby.ac.id/id/eprint/2032

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