Al-Manahij : Jurnal Kajian Hukum Islam
Vol. 10 No. 2 (2016)

Diskursus Fikih Indonesia: Dari Living Laws Menjadi Positive Laws

M. Noor Harisudin (Institut Agama Islam Negeri Jember)



Article Info

Publish Date
23 Feb 2017

Abstract

This paper discusses how the Indonesian fiqh (Islamic jurisprudence) is formulated. The Indonesian fiqh idea that was first conceptualized academically by T.M. Hasbi As-Shiddieqy moved from the so-called living laws into positive laws. Indonesian fiqh discourse born in Indonesia is a form of fiqh (Islamic jurisprudence) that solves the problem of the reality of Indonesian people in line with the growth and development of the country that has the largest Muslim population in the world. Not surprisingly, in the context of Indonesian fiqh, there are born many contemporary fiqh variations in more specific domains, such as environmental fiqh, social fiqh, figh of pluralism, fiqh of women, and many others. In three periods, which are the period of beginning (pioneering), the period of development, and the period of legislating (taqnin), Indonesian fiqh that is based on contemporary issues and considered as living laws is further proposed to become positive laws that are binding to the entire Muslim community in Indonesia.

Copyrights © 2016






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 ...