AT-TAFAHUM: Journal of Islamic Law
Vol 7, No 2 (2023)

Basic Principles and Basic Rules of Islamic Law

Munthe, Hasan (STAI Aceh Tamiang)
Lingga, Febrianti (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2023

Abstract

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.

Copyrights © 2023