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All Journal Al-Manahij : Jurnal Kajian Hukum Islam
Suraji Suraji
STAIN Purwokerto
Law, Crime, Criminology & Criminal Justice

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Ide Pluralistik dalam Pemberian Fatwa Perspektif Syihab al-Din al-Qarafi (626-684 H/1228-1285 M) Suraji Suraji
Al-Manahij: Jurnal Kajian Hukum Islam Vol 5 No 1 (2011)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1502.097 KB) | DOI: 10.24090/mnh.v5i1.644

Abstract

This article studies the thought of al-Qarafi who lived in (626-684 H/ 1228-1285 M) in al-Qarafah - Kairo, Eqypt about the pluralistic ideas in giving fatwa (legal opinion). Al-Qarafi’s pluralistic ideas in giving fatwa include several issues. First, if a fatwa is requested by someone or a community that is not affiliated or committed to (taqlid) imam maz\hab (a mazhab leader), mujtahid or a certain opinion, a mufti (a scholar who gives fatwa) has freedom to give fatwa based on law opinion of which he believes to have the most excellent fundamental law. In contrast, if the fatwa request is from someone or a certain community that has made a pledge, affiliated, or socially identified to a certain maz\hab or tend to a certain law, mufti serves as an agent to choose a law opinion that is suitable with their maz\hab, belief, and religious social identity. Second, for those who request fatwa (mustafti) who want to change to other maz\hab (intiqal) or the result of other ijtihad (ideas) that he believes, there are no hindrances for him and that he deserves to get fatwa in accordance to the maz\hab that he believes. Among the implications of al-Qarafi’s pluralistic ideas in giving fatwa on the development of thoughts of contemporary Islamic law is giving the pragmatism principle foundation in the application of law. The implementation of the al-Qarafi’s ideas is also meaningful in establishing maz\hab tolerance, creating respectful situation in facing different opinion, and making harmony in interaction among Moslems.
Etika Fuqaha' Al-Salaf dalam Berbeda Pendapat Mengenai Masalah Fikih Suraji Suraji
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2368.619 KB) | DOI: 10.24090/mnh.v4i2.3717

Abstract

Differentopinion on Islamic law among Islamic scholars is such a relity and it also a part of God's disposition that has to be taken wisely. Moslems ouht to learn and try to build a scientific athics that has been taught by fuqaha al-salaf. They taught about tolerance and respecting others opinins. Open mindedness is important to be learned to those different opinions. By learning those ethics, a peaceful and harmonious life might be realized.
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