Al-Manahij : Jurnal Kajian Hukum Islam
Vol 5 No 1 (2011)

Istishab dan Penerapanya dalam Hukum Islam

Ridwan Ridwan (STAIN Purwokerto)



Article Info

Publish Date
03 Jun 2011

Abstract

Development of modernization marked by the emergence of globalization has spawned highly complex problems of Islamic law that requires Muslims to exercise ijtihad in order to make Islamic law could be adapted in the spectrum of modern culture. This article wants to prove that istishab can be used as an alternative method of ijtihad in answering legal problems of contemporary Islam. Ijtihad is the inner-dynamic for the emergence of changes to safeguard the ideal of universality of Islamic teachings as a system that salihun li kulli zaman wa-l makan. istishab is a method of law invention based on pre-existing law as long as there are no arguments (legal evidence) which indicate otherwise. To prove the thesis above, some cases in criminal, civil and marriage laws are presented as samples.

Copyrights © 2011






Journal Info

Abbrev

almanahij

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

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 a scholarly and professional discourse of Islamic laws. Al-Manahij covers ...