Unifikasi: Jurnal Ilmu Hukum
Vol 8, No 1 (2021)

Legal Discovery in Islamic Perspective

Shabika Azzaria Putri (Unknown)
Labitha Cetizta Irwanti (Unknown)
Ari Rahmat Elsad (Universitas Pembangunan Nasional Veteran Jakarta)



Article Info

Publish Date
29 Jun 2021

Abstract

In general, legal discovery refers to conducting legal searches when the statutory regulations are not regulated and are unclear. Legal discovery is not only based on the concept of positive law, but it also refers to Islamic concepts. This aims to find the law on an issue where the regulation is not yet regulated. Thus, inexistence and unclear issues in law become present and apparent. Legal discovery in Islamic concept is known as Ijtihad, an act and an effort to find, understand, and formulate Islamic Shari’ah ruling. Legal discovery in Islam is conducted using several methods including istinbat, interpretation, literal/linguistic, causation (ta’lili), and synchronization methodologies. Other methods of legal discovery are qiyas, istihsan, maslahah mursalah, istishhab, urf, mazhab shahabi which cannot be separated from the main sources of Islamic law, the Qur’an and hadith. Meanwhile, ra'yu and ijtihad are ways of thinking in understanding the Qur’an and hadith. These are to determine a problem where its nash has not been determined. The researchers employed library research in this study. The study examined the documents using secondary data and analyzed it using a qualitative method where the data are described in words, not numbers. In addition, the data collection is based on literature studies taken from books, journals, and internet sources related to legal discovery in the Islamic concept.

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Journal Info

Abbrev

unifikasi

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Unifikasi: Jurnal Ilmu Hukum, an ISSN national journal p-ISSN 2354-5976, e-ISSN 2580-7382, provides a forum for publishing research result articles, articles and review books from academics, analysts, practitioners and those interested in providing literature on Legal Studies. Scientific articles ...