Al-Manahij: Jurnal Kajian Hukum Islam
Vol 15 No 1 (2021)

Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat

Mun'im, Zainul (Unknown)



Article Info

Publish Date
11 Jun 2021

Abstract

Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī’s ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyāt so that it always leads to convenience and avoids difficulties.

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Journal Info

Abbrev

almanahij

Publisher

Subject

Education

Description

AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for scholarly and professional discourse of Islamic laws. It is a joint ...