Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Vol 18, No 1 (2016)

Pendekatan Sirkuler dalam Kajian Perbandingan Mazhab

Jabbar Sabil (Unknown)



Article Info

Publish Date
11 Sep 2017

Abstract

The study of Islamic law in the context of the comparative madhab is based on the plurality of truthful values. However, this study is frequently done with less appropriated approach, so that it is contradicted to the value. Therefore, this paper offers an approach that can objectify the value, namely the circular approach. In conducting this study, the philosophy as a method was used. As a philosophical fundamental structure, this paper refers to postmodern theory: that the knowledge is a prehension rather than an evidence. Therefore, the differences of opinion are considered as natural characters, as a result of geographical differences and human primordiality. In line with this matter, Fiqh is normally used to respond the legal issues in differences in allparts of the world. From systemic theory perspective, differences of opinion within the different mazhabs, therefore, become complementary. From this study, it is found that the circular approach can lead researchers to the awareness: the existence of mutual relations among the opinions of mazhab jurists.

Copyrights © 2017






Journal Info

Abbrev

medsyar

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. SCOPE Ahkam specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes ...