ISLAMICA: Jurnal Studi Keislaman
Vol. 11 No. 1 (2016): September

Pemikiran Fiqh Ahmad Zahro tentang Istinbāṭ­ Manhajī sebagai Metode Perumusan Hukum Islam

Siti Maryam Qurotul Aini (Sekolah Tinggi Agama Islam Darussalam Nganjuk)



Article Info

Publish Date
01 Sep 2016

Abstract

This article examines how Ahmad Zahro establishes the concept of practical use of Istinbāṭ­ Manhajī in the establishment of Islamic law. In this case, although Zahro claims himself as a follower of a particular school in the field of fiqh, he chooses to use the manhajī method, because this method is seen as being able to provide solutions to contemporary legal problems. The philosophical-juridical foundation built in his fiqh is maqāsid al-sharī'ah and al-maṣlaḥah al-mursalah while considering the level of legal sources as famous among mazhab scholars respectively; al-Qur'ān, al-Sunnah, qiyās, al-istiṣlāḥ, al-'urf, al-istisḥāb, etc., which are formulated as an operational instrument in istinbâṭ al-ḥukm. Among Indonesian Muslims, there are differences in approach to the use of istinbāṭ­ al-ḥukm; NU ulama use qawlī approach, while Muhammadiyah ulama frequently use manhajī approach. Therefore, Zahro specifically believes that what he initiates is an attempt to reconcile approaches of different schools of Muslim law by highlighting Istinbāṭ­ Manhajī as an option to establish an Islamic law.

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Journal Info

Abbrev

islamica

Publisher

Subject

Religion Education

Description

ISLAMICA: Journal of Islamic Studies is a biannually published journal in March and September. It covers various issues on the Islamic studies within such number of fields as Islamic education, Islamic thought, Islamic law, political Islam, and Islamic economics from social and cultural ...