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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Penelitian Agama
Ansori Ansori
Fakultas Syariah IAIN Purwokerto
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Rekonstruksi Metodologi Fikih Kontemporer Ansori Ansori
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
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 (650.999 KB) | DOI: 10.24090/mnh.v12i2.1302

Abstract

One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihād), fiqh is not intended as a final legal provision. The ijtihād carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law must not only follow fiqh products, but also must understand the process. This means that knowing the methods used by jurists (fuqahā’) to process fiqh births should not be ruled out. Understanding the methods used by jurists (fuqahā’) will open the development of fiqh in the global era, so that fiqh products as a guideline for Muslims will remain relevant and responsive and able to solve contemporary problems.
QAWA'ÍD FIQHIYYAH DAN TANTANGAN ZAMAN: ANALISIS KONTEKSTUALITAS DAN PERAN QAWA'ÍD FIQHIYYAH DALAM SOLUSI PROBLEMATIKA HUKUM ISLAM Ansori Ansori
Jurnal Penelitian Agama Vol. 14 No. 1 (2013)
Publisher : IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3951.989 KB) | DOI: 10.24090/jpa.v14i1.2013.pp41-66

Abstract

The lack of religious texts in giving legal certainty to the various issues that always comes along with the rapid changes taking place in the midst of society make the ulamas strive to develop methodological tools that can be used to formulate laws. One of the the methodological devices is Qawaid Fighiyyah, which is the development of the Islamic jurisprudence approach. Islamic jurisprudence approach is already very long dominating the construction of Islamic legal thought. However, because its use is complicated and it needs a qualified skill, then it is more widely used by people who truly experts in various Islamic disciplines. While Qawaid Fighiyyah, because it is simple and has a wide cover, is more widely used by Muslims. It is increasingly visible in the contemporary era, where a lot of new problems arise and require immediate legal certainty. This research will discuss the contextual values of Qawaid Fighiyyah and the ability of Qawaid Fighiyyah to respond and provide solutions to various problems faced by Muslims.
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