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Abdul Mun'im Saleh
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Religion Education

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Kontribusi Imam al-Rāfi'ī dan Imam al-Nawawī dalam Penataan Keragaman Pendapat Hukum Mazhab Shāfi'ī Abdul Mun'im Saleh
Islamica: Jurnal Studi Keislaman Vol. 8 No. 1 (2013): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (309.5 KB) | DOI: 10.15642/islamica.2013.8.1.197-218

Abstract

The diversity of legal opinions in the Shāfi'ī school of thought (madhhab), in the form of old opinion (qawl qadīm) and new opinion (qawl jadīd) and the ijtihād activities that pertained to some centuries after the passing away of al-Shāfi'ī, has brought this madhhab into encounter with serious problems in selecting the law. In such a situation, al-Rāfi'ī and al-Nawawī came into the fore as muharrir (selector) to cope with this uncertainty. This research tries to analyze all scientific activities of the two scholars using the theory of tarjīh. This research found out that they attempted to establish a legal certainty in the Shāfi'ī school of law through the making of new mixed system of tarjīh to ensure which opinions deserve to be regarded as valid from the viewpoint of Shāfi'ī madhhab. This achievement contributes to the enrichment of Shāfi'ī madhhab as a legal school consisting of a great variety of legal opinions that equips itself with procedures of selection used as norms of everyday life.
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