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Ismail Keri
Doctoral Program Student at Alauddin State Islamic University of Makassar
Religion Law, Crime, Criminology & Criminal Justice

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Sociological Aspects in the Determination of Islamic Law Ismail Keri; Achmad Musyahid; Kurniati Kurniati
Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v6i2.2944

Abstract

Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.
The Concept of Ta’abbudi and Ta’aqquli in Islamic Law Ismail Keri
Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v5i2.1992

Abstract

The discourse on the concepts of ta'abbudi and ta'aqquli in Islamic law is a discourse that always lives and develops in tandem with the development of science. Understanding the concept of ta'abbudi and ta'aqquli should continue to use the rules, norms and arguments that serve as guidelines. The concept of ta'abbudi and ta'aqquli, it is urgent to get a basic conception, as a reference in formulating the relevant concept of Islamic law. This study is a conceptual study of literature with a normative theological approach. The findings in this study are that ta'abbudi is a textual provision (The Qur’an and hadith) in the field of worship that must be obeyed even though they do not know the rational reasons, while ta'aqquli allows there to be benefits according to rational reasons, so that reason is given space. The object is also different, ta'abbudi is focused on mahdah worship, while ta'aqquli is in the matter of muamalah. In addition, ta'abbbudi is static, does not provide opportunities for ijtihad, while ta'aqquli provides opportunities for ijtihad. In the construction of Islamic law in the application of the concepts of ta'abbudi and ta'aqquli it turns out to have two legal dimensions. This means that there are certain problems that require ta'abbudi and also conditions that require ta'aqquli. It is not focused on the meaning of lafadz, but rather on the implementation of the law. Because the form of benefit lies in the philosophical meaning of Allah's decree which will have implications for human actions.
Co-Authors Achmad Musyahid Kurniati Kurniati