Masykur Rozi
UIN Sunan Kalijaga

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PRINSIP GERAK IJTIHADI UṢŪL FIQH DAN MAQĀṢID ASY-SYARĪ’AH Masykur Rozi; Subaidi Subaidi
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 12 No 1 (2023): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v12i1.6633

Abstract

The use of uṣūl fiqh and maqāṣid asy-syarī’ah as methods of finding and verifying law often causes them to overlap and even self-contradict. Therefore, it is necessary to understand the principle of motion, then operate them in their respective parts. This paper aims to examine the principles of motion of each and build a reciprocal relationship between them. This research is qualitative-documentative, with data collected from books and journals. This study concludes that initially, maqāṣid asy-syarī’ah adheres to the principle of motion of istinbāṭī uṣūl al-fiqh, then becomes a spinoff with the principles of philosophical, analytic, and applicable motion to apply the law. The position of maqāṣid asy-syarī’ah as a spinoff has the consequence that it becomes an independent part of the Islamic legal system