El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 10 No. 1 (2024): EL FAQIH

Sejarah Sosial Teori Hukum Islam Mazhab Maliki

Arif, Miftakhul (Unknown)



Article Info

Publish Date
30 Apr 2024

Abstract

The Maliki school of thought has made a major contribution to the development of Islamic legal theory (usul al-fiqh). However, there has not been much research that has paid serious attention to the dynamics of the Islamic legal theory that developed in the Maliki School. This research aims to analyze the Maliki School of Islamic legal theory from a socio-historical perspective. This library research places the work of usul al-fiqh written by Malikiyah scholars as the primary data source. Meanwhile, secondary data sources were obtained from various other works that are relevant to the study topic. This research found that the Maliki School of Islamic legal theory developed dynamically because it was influenced by the social context. In the early of the formative period, the Maliki School was known as ahl al-atsar (textualists) because of its preference for the sunnah as a source of Islamic law. However, in subsequent developments, Malikiyah scholars became increasingly rationalist with a tendency to use ra'y with various variants (al-maslahat al-mursalah, istihsan, etc.) which relied on maqashid al-shari'ah in efforts to discover Islamic law.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...