Fiqh Prioritas sebagai Instrumen Ijtihâd Maqâṣidî Perspektif Yûsuf al-Qarâḍawî dan Urgensinya di Era Kontemporer

Jauhari, Nashrun

Maraji`: Jurnal Ilmu Keislaman
Vol 3 No 1 (2016): September

The article attempts to analyze Fiqh of Priority as an instrument of ijtihâd maqâṣidî from Yûsuf al-Qarâḍawî’s perspective and its significance within the contemporary era. The position of the Fiqh of Priority within the study of Islamic law is a part of the conceptual developments of ijtihâd which is based on maqâṣid al-sharî‘ah and has been oriented into Fiqh of Daʻwah. The Fiqh of Priority along with its principles can be functioned as a reference in stipulation of the Islamic law (ijtihâd al-ah}kâm). This is because the Fiqh of Priority is built on the priority values revealed in al-Qur’ân and mentioned in H{adîth as well as based on the concept of tadarruj al-ah}kâm (gradation of stipulation of the Islamic law) during the Prophet Muhammad’s lifetime. Epistemo-logical framework of the Fiqh of Priority consists of three main principles, i.e. the principles of gradation in the Islamic law (al-fiqh bi marâtib al-a‘mâl), the principles of attitude towards the reality of law (fiqh al-wâqi‘ li al-ah}kâm), and the principles of dealing with contradiction between arguments or reasoning between the stipulation of law and social reality