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Journal : Al-Ahkam

EVOLUSI IJTIHAD IMAM SYAFI’I : Dari Qawl Qadīm ke Qawl Jadīd Yaqin, Ainol
Al-Ahkam Volume 26, Nomor 2, Oktober 2016
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (41.777 KB) | DOI: 10.21580/ahkam.2016.26.2.899

Abstract

This article describes Imam al-Shāfi'i thought in building istinbath Islamic law method and its decition's which evolved from qawl qadīm to qawl jadīd. He is known as the founder of uṣūl al-fiqh science which is arranged systematically-logically and critically. He tried to combine the two schools of thought, those are: Maliki, known as ahl al-ḥadīth that thrives in the Hijaz, and the Hanafi, known as ahl al-ra'y that is entrenched in Iraq. He managed to combine the two schools by taking method good ahl al-ḥadīth and leaving the less ones successfully. Reciprocally, he took the good ahl al-ra’y method and left the poor. It was done for the reason that he had studied with Imam Malik and Muḥammad ibn Ḥasan al-Shaibani, the adherents of the Hanafi schools. The fatwa which he formulated at his living in Iraq is known as qawl qadīm. After he reviewed the fatwa built in Iraq and found the fragility of the arguments as a fundamental, finally, he triggered a new law, namely qawl jadīd which was based on the strong arguments.
Yūsuf Al-Qarḍāwī's Istinbāṭ Method and Its Implementation in the Moderation of Islamic Law Yaqin, Ainol
Al-Ahkam Volume 31, Nomor 1, April 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (657.284 KB) | DOI: 10.21580/ahkam.2021.31.1.7075

Abstract

This paper described the formulation of Yūsuf al-Qarḍāwī's isntinbāṭ method towards moderate fiqh. The choice of this theme was based on the existence of two demeanours in religion, between permissive and inclusive. Two main questions in this research were, first, how did Yūsuf al-Qarḍāwī formulate the istinbāṭ method for moderate fiqh? Second, how is the implementation of this method in formulating Islamic law? This paper concluded two things through a literature study with the descriptive-analytic method. First, there were six formulations of the istinbāṭ method for the moderation of Islamic law. a. Examining the maqāṣid contained in the text before determining Islamic law, b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb (al-nuzūl or al-wurūd), both micro and macro. d. Distinguishing between constant maqāṣids and changing instruments. e. Adjusting between al-thawābit and al-mutaghayyirāt. f. Observing the difference between worship and mu’āmalah in terms of wisdom, ‘illah and maqāṣid. Second, this method of istinbāṭ could produce fiqh with a flexible, elastic, dynamic, adaptive, and easy-to-practice.