Jurnal Kajian Hukum dan Sosial
Vol 1 No 1 (2004)

Hikmah Dalam Perspektif Pembinaan Hukum Islam

Moh Hasyim (IAIN Antasari Banjarmasin)



Article Info

Publish Date
28 Mar 2025

Abstract

This study aims to examine the concept of wisdom in Islamic law and its implications for the formulation of fair and contextual law. The method used is normative juridical research with a conceptual approach and analysis of the main sources of Islamic law, such as the Qur'an, Hadith, and the thoughts of scholars. The results of the study show that the wisdom of Islamic law does not only refer to discretion, but also to the purpose of the law (maqāṣid al-sharī'ah) which emphasizes the interests of the community. The principle of wisdom plays a role in the flexibility of Islamic law so that it can be applied in accordance with the times without losing the essence of sharia. Therefore, in the development of Islamic law, an approach is needed that balances normative texts and social needs in order to create a more responsive and equitable legal system.

Copyrights © 2004






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...