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All Journal Arena Hukum Jurnal Sosiologi Pendidikan Humanis NUR EL-ISLAM : Jurnal Pendidikan dan Sosial Keagamaan
Kholish, Moh Anas
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Arena Hukum

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THEO-PROPHETIC JURISPRUDENCE: TRACING THE GENEALOGY OF THE ISLAMIC LAW’S FORMATION AND GROWTH IN RASULULLAH ERA Kholish, Moh Anas; Galib, Andi Muhammad
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.1

Abstract

This paper concisely and analytically presents the history of tasyri', or the formation of Islamic law in the Prophet's era. By using the term "Theo-Prophetic Jurisprudence," this paper also provide a response and rebuttal to the view that Islamic law is a product of Muhammad's jurisprudence. The results of this qualitative research with conceptual and historical approaches indicate that the formation of Islamic law began in the prophetic period. The period of the formation of Islamic law or the Prophet Muhammad's jurisprudence is divided into two phases, namely the Mecca phases which includes everything related to belief, morals-ethics, and fiqh (law); and the Medina phase which is more oriented to the formation of law, including social situations or the social construction phase. Islamic law or the Prophet Muhammad's jurisprudence is not a product of Muhammad's ideology like some scholars view that Islamic law does not have theological and juristic nuances but only historical-sociological aspects.
Co-Authors Ahmad Imron Rozuli Bakhruddin Fannani Dalle, Abd. Rahman Ambo' Galib, Andi Muhammad Ma'arif , A. Samsul Wasito, Ahmad