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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum AT-TASYRI' Jurnal Ilmiah Prodi Muamalah SYARIAH: Journal of Islamic Law MAQASIDI
Husamuddin MZ
STAIN Teungku Dirundeng Meulaboh, Aceh, Indonesia
Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : AT-TASYRI' Jurnal Ilmiah Prodi Muamalah

 1 
HIFZH AL-‘IRḌ DALAM TRANSFORMASI SOSIAL MODERN (Upaya Menjadikan Hifzhu Al-‘Irḍ Sebagai Maqāshid Al-Dharūrīy) Husamuddin MZ, Lc., M.A.
AT-TASYRI': JURNAL ILMIAH PRODI MUAMALAH Vol. 11 No. 2 (2019): At-Tasyri': Jurnal Ilmiah Prodi Muamalah
Publisher : Prodi Hukum Ekonomi Syariah STAIN Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.666 KB) | DOI: 10.47498/tasyri.v11i2.298

Abstract

The old maqāshid theory which still survives and is popular among ushuliyūn, there are five known as al-dharūriyyāt al-khamsah. The discourse to add al-dharūriyyāt al-khamsah to aldharūriyyāt al-sittah or al-sab'ah and so on, has been rolled out by ushuliyūn figures, although the addition received mixed responses. One of the additional discourses is to make hifzhu al ‘irdh part of al-dharūriyyāt. Such discourse has been offered by Tāj al-din al-subki in the book jamâu al-jawāmi’, as well as At-Thūfi and Al-qarāfi, only Al-qarāfi is not so strict. The modern figure who offered the idea back was Yusuf Al-Qaradhawi who later received a positive response from Muhammad Ahmad Al-Qayatī in his dissertation. Al-Syāthibi makes hifzhu al-‘irdh included in the category of hifzhu al-nafs. Likewise AlGhazali and Ibn Al-Hajib did not make hifzhu al-‘irdh included in the category of al-dharūrīy. This attitude is supported by modern maqāshid figures including Ibn ‘Āsyur, Ramadan Al-Buthi and Ahmad Al-Raisuni. In addition there is also a third opinion offered by Ibn Zaghibah ‘izz Al-Din who made hifzhul al-'irdh part of dharuriyat but not in the kulliyah category but included in the juz’iyyah category. The study was conducted using descriptive analysis methods, with data library research techniques (library research), the approach taken was a sociological approach. The results of the study note that: (1) the existence of times and technology that is so fast and 'radical', indirectly affect social and legal changes; (2) the existence of ikhtilāf among ushuliyūn and related modern figures to make hifzhu al-‘irdh as the category of al-dharūriy or al-hājiy; (3) with the social transformation that is so fast, then the discourse makes hifzhu al-sebagaiirdh as categorical al-dharūriy is a necessity.
Co-Authors Alimuddin, Harwis Asy’ari Budi Handoyo Rahma, Ida