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All Journal ISLAMICA: Jurnal Studi Keislaman Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Ahmad Imam Mawardi
UIN Sunan Ampel Surabaya
Religion Education Law, Crime, Criminology & Criminal Justice

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Sisi Positif Taqlîd dalam Sejarah Perkembangan Hukum Islam Mawardi, Ahmad Imam
ISLAMICA: Jurnal Studi Keislaman Vol 5, No 2 (2011): Islamica
Publisher : Program Pascasarjana UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (90.08 KB) | DOI: 10.15642/islamica.2011.5.2.245-255

Abstract

The main problem that this paper is interested in dealing with is the notion of taqlid, the English translation of which being a blind acceptance. Taqlid is the opposite of Ijtihad, the intellectual exercise to draw certain legal rules from their sources. Muslims over centuries believed that taqlid in legal matters is not allowed, and that the door of Ijtihad has never been closed, as some Western scholars would emphatically argue. The paper nonetheless maintains that taqlid does take place in a major part of Islamic legal history. It has become unavoidable for Muslims to accept blindly –due to some reasons- the legal views of the earlier scholars and jurists. But the paper also argues that to accept without question the views of the authoritative scholars in legal matters is not always bad. The paper tries to show that there are –due to some conditions- positive things in committing Taqlid. To show this, the paper would attempt to scrutinize the historical facts in which Muslims do benefit from doing Taqlid. It means also that, Ijtihad is not always good for Muslims. By presenting some findings -the paper will argue- that in some cases, Muslims should abandon independent intellectual exercise and resort to blind acceptance if in doing so would bring benefit for them.
Qiyâs dan Istihsân dalam Rasionalitas Usûl al-Sarakhsî Mawardi, Ahmad Imam
ISLAMICA: Jurnal Studi Keislaman Vol 7, No 1 (2012): Islamica
Publisher : Program Pascasarjana UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/islamica.2012.7.1.85-99

Abstract

There are two conceptual terms that this paper will try to expose. The first is analogy (qiyâs) and the second is istihsân, an analogy—like method of extrapolating jurisprudential rules. The paper will try to speak of their relationship in the light of al-Sarakhsî’s rationality. In the field of Islamic jurisprudence, the two concepts are often seen as contradicting to one another. The Shafi’ite jurists are even of belief that using istihsân is legally forbidden for that would contradict the general rules of Islamic law. The paper assumes that despite general view of the jurists that istihsân is an equivocal method it can nonetheless be fitted into qiyâs. To show that however, the paper would inevitably re-define both qiyâs and istihsân as proposed by al-Sarakhsî. By exploiting the ideas of al-Sarakhsî, the paper hopes that new lights may be shed as far as the richness of Islamic method injurisprudence is concerned.
Fiqh Aqalliyat: Pergeseran Makna Fiqh dan Usul Fiqh Mawardi, Ahmad Imam
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48 No 2 (2014)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v48i2.119

Abstract

The basic problems have been faced by minority moslem who live in majority non muslim especially when they have to apply religious interpretation as understood in the majority moslem countries appeared a concept of  fiqh al-aqalliyyat (fiqh of minority). It is a kind of islamic teaching that considered as acomodation to contemporary problems faced by minority moslem. Therefore, they can perform their religious teaching eventhought it seems different with the form of islamic law in general.  This writing focus on study of form of fiqh alaqalliyyat? What are the principles and the methodological bases of fiqh al-aqalliyyat and what is the relationship between fiqh al-aqalliyyat and maqasid al-syari'ah.
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