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All Journal JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Burhanudin Ubaidillah, M.
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Teori Maqosid Syari'ah Perspektif Ulama Modern dan Kontemporer Burhanudin Ubaidillah, M.; Nuril Laili, Alfin
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Al-Syatibi is considered to be the father of maqashid classical scholars through his monumental work al-Muwaffaqat fi Usul al-Syariah. On the other hand, modernization was carried out by Rasyid Ridha who consented to modern cases. Thaha ibn 'Assyria with his monumental work is considered the father of modern maqashid scholars. Jasser Auda with his monumental work Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach published by IIIT in London in 2007 is a contemporary maqashid figure who has concerns in the field of Islamic law from a very different generation. This article seeks to systematically reveal the thoughts of Modern and Contemporary Maqashid figures in using the considerations of Maqashid al-Sharia in determining the birth of legal decisions.
HISTORITAS REFORMULASI FILSAFAT HUKUM ISLAM DARI MASA KLASIK HINGGA KONTEMPORER Burhanudin Ubaidillah, M.; Maria Ulfa, Ana
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The term Philosophy of Islamic Law is used by Islamic jurists very carefully because the word philosophy is not found in Islamic law sources, but the equivalent meaning according to experts is wisdom. Epistemicly, some expressions show more to an encouragement for the importance of loving wisdom or knowledge. The philosophy of Islamic law as a methodology of thought in subsequent developments is identified with Usul al-fiqh as a methodology for determining Islamic law which contains philosophical elements with rational reasoning. This article focuses on the historical study of the reformulation of Islamic Law Philosophy between Divine Law and Man-Made Law from the classical period (pre-codification) and post-codification of Islamic Law Philosophy. The purpose of this article is to describe the phases of the reconstruction & reformulation of the pre-codification and post-codification of Islamic Legal Philosophy. Efforts to reconstruct & reformulate the Philosophy of Islamic Law prove the richness of the spirit of Islam in building universal benefit and emphasize that the Philosophy of Islamic Law is the result of human reasoning that reflects the plurality of thoughts.
Co-Authors Maria Ulfa, Ana Nuril Laili, Alfin