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All Journal AT-TAFAHUM: Journal of Islamic Law
Lingga, Febrianti
State Islamic University of North Sumatra
Arts Humanities

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Basic Principles and Basic Rules of Islamic Law Munthe, Hasan; Lingga, Febrianti
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29130

Abstract

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.
Co-Authors Munthe, Hasan