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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Nur Hasan
Universitas Islam Negeri Sunan Kalijaga, Yogyakarta
Religion Humanities Social Sciences

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Relationship of Maqasid al-Shari’ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects) Nur Hasan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 3, No 2 (2020): Vol. 3, No. 2, April 2020
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v3i2.8044

Abstract

Studies on maqasid al-shari‘ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari‘ah’s concept, the figures’ thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari‘ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari‘ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari‘ah can’t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari‘ah have a close relationship with method istinbāṭ al-Éhkām in usul al-fiqh,  as qiyās,  maslahāh al-mursālah, al-ÐarīÑah  and istihsān. While in terms of application, maqasid al-shari‘ah together with usul al-fiqh namely departing from the proposition of naqlī (revelation) and Ñaqlī (reason) which is global and analyzes various opinions in deciding Islamic law. It’s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari‘ah emphasizes the divine aspect behind the law.  That’s why to see relationships among maqasid al-shari‘ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari‘ah and usul al-fiqh in terms of historical, methodological and applicative.
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