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All Journal Al-Manahij : Jurnal Kajian Hukum Islam
Ahmad Sholihin Siregar
STAIN Gajah Putih Takengon Aceh
Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Hukum Wad'iy: Pembaharuan Usul Fikih dan Respon terhadap Kajian Fikih Ahmad Sholihin Siregar
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 (745.41 KB) | DOI: 10.24090/mnh.v12i2.1762

Abstract

This study aims to reconstruct the waḍ’ī law in uṣūl fiqh. This reconstruction is important considering the facts: mubṭil which is always cited in fiqh, has no referrence to uṣūl fiqh, the ambiguity of waḍ’ī’s definition and its unsystematic function as explained in uṣūl fiqh. The reconstruction of waḍ’ī law in this article consisted of: 1) adding mubṭil to waḍ’ī law. Mubṭil, as a decree of Allah (khiṭābullāh) which stipulates something as the cause of the cancellation of acts, is required in law because it is needed in explaining the law of acts, it is not the opposite of conditions (syarṭ), and the decree (khiṭāb) about mubṭil is found in the Qur’an; 2) ‘azīmah should also be determened as khiṭābullāh, which stipulates something as a special reason for the enactment of general law from special law, in addition to the initial definition. 3) the waḍ’ī law should be defined implicitly and exclusively as khiṭābullāh, assigned something as determinant factor or measurement for mukallaf’s (legal subjects) deeds. 4) Restructuring of waḍ’ī law according to its function, i.e. by measuring taklīfī law, it must be divided into three parts systematically, namely: pre-acts (sabab-māni`-rukhṣah-’azīmah), in acts (syarṭ-mubṭil), and post-acts (ṣaḥīḥ-bāṭil).
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