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All Journal Jurnal Hukum Caraka Justitia Jurnal Pendidikan Islam
Turmudzi, Khoiru
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Exploring The Epistemological Basis of Ushul Fiqh (Priority Fiqh By Yusuf Al-Qardawi): English Turmudzi, Khoiru; Ramadhani, Noni; Rusdian, Alvin; Karim, Nauval; Maulida, Kartika; Mukti, Ahsan
Jurnal Pendidikan Islam Vol. 2 No. 2 (2025): January
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/pjpi.v2i2.1167

Abstract

This article explores the epistemological foundations of Ushul Fiqh, particularly focusing on the concept of Priority Fiqh as articulated by Yusuf Al-Qardawi. In the contemporary context, Muslims face numerous challenges in prioritizing religious obligations and ethical considerations amidst a rapidly changing world. Al-Qardawi's approach emphasizes the need for a systematic framework that aids in discerning the priority of Allah's commandments, thoughts, and charitable actions. Through a qualitative analysis of Al-Qardawi's writings and relevant literature, this study elucidates the methodologies he proposes for addressing the complexities of modern Islamic jurisprudence. The findings highlight the significance of prioritization in Fiqh as a means to navigate moral dilemmas and enhance the application of Islamic principles in daily life. Ultimately, this article contributes to the discourse on Islamic legal theory by advocating for a renewed understanding of Fiqh that is responsive to contemporary needs while remaining rooted in traditional scholarship.
Penerapan Konsep Pluralisme Hukum Sally Falk Moore dalam Penyelesaian Konflik di Tingkat Pemerintahan Daerah Turmudzi, Khoiru
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2066

Abstract

This article discusses the application of Sally Falk Moore's concept of legal pluralism in conflict resolution at the local government level in Indonesia, known for its cultural diversity and complex normative systems. Legal pluralism refers to the coexistence of various legal systems, where customary law and state law interact and influence each other. In this context, the article explains how customary law is recognized within Indonesia's positive legal framework and its important role in resolving disputes arising from differences between the two legal systems. Through an analysis of the interaction between state law and customary law, the article shows that applying legal pluralism can create balance and justice in conflict resolution, and strengthen the identity and rights of indigenous peoples. Using the concept of a semi-autonomous social environment, this article highlights the importance of recognizing the existence of customary law in improving social order and protecting community rights. In conclusion, applying legal pluralism not only provides solutions to conflicts but also contributes to developing a harmonious and equitable society.
Co-Authors Karim, Nauval Maulida, Kartika Mukti, Ahsan Ramadhani, Noni Rusdian, Alvin