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Akh. Minhaji
State Islamic University (UIN) Sunan Kalijaga, Yogyakarta
Religion Humanities

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Reorientasi Kajian Ushul Fiqh Akh. Minhaji
Al-Jami'ah: Journal of Islamic Studies No 63 (1999)
Publisher : Al-Jami'ah Research Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajis.2022.3763.12-28

Abstract

Basically, uṣūl al-fiqh is understood as a methodology to understand Islamic teaching, not only tools to understand Islamic Law as it is perceived by common people. Uṣūl al-fiqh grows and develops throughout Islamic history. It has significant position since its inception. It has been produced many scholars who later formulate formulas that exist even today. Eventhough the science of uṣūl al-fiqh plays an important role in Islamic studies, but not all of Muslim scholars pay full attention to it. Even, there is a critical notion that the science of uṣūl al-fiqh is no longer compatible to solve the problems of Islamic community. Based on this frame of thought, the present author tries to investigate the historical aspect of uṣūl al-fiqh and seek the cause of its stagnancy. The author finds that there are two kinds of approaches recognized in uṣūl al-fiqh: doctrinal normative-deductive and empirical-historical-inductive. These two approaches cannot be separated. However, in the practical level, certain scholars usually apply one approach and disregard another. As a result, their product tend to be more idealistic than touching to the real problem. Finally, the author suggests to combine both methods with respect to other disciplines, particularly social sciences and their methodology. 
Islamic Law in Western Scholarship: A Bilbiographical Study with Emphasis on the Work of Joseph Schacht and Its Influence on His Successor Akh. Minhaji
Al-Jami'ah: Journal of Islamic Studies No 51 (1993)
Publisher : Al-Jami'ah Research Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajis.1993.051.81-98

Abstract

It should be important first of all to throw some light upon western scholar’s understanding of the doctrine of Islamic law and its important position among Muslim societies, particularly as compared to that of natural law. Law in any society play a decisive role. The primary purpose of any law is to make social life possible. Law, according to some scholars, “is the legal norm approved by people, and derives its authority form the reason and will of man, and his moral nature. “Law reflects the values current in a society at any given time. The society has its starting point in the formulation of a legal code for its acts and activities. Opinions regarding legal or illegal acts and activities change, sometime diametrically, as values change. When this situation takes place, the law is altered accordingly. The Muslim conception about law is quite different. According to the classical theory, Allah is the only source of Islamic law is the will of Allah, revealed in the Qur’an to humankind through His Messenger, Muhammad, and it is regarded as “a divinely ordained system preceding and not preceded, controlling and not controlled by Muslim society. “Therefore, the doctrine that Allah possesses all legislative power and that His law to have supreme control over all aspects of human life is clearly established.
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