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Journal : Tabayyanu : Journal of Islamic Law

Pandangan Para Ulama Terhadap Syar'u Man Qablana Hermawan, Randi; Tanjung, Dhiauddin
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Moving on from the near extinction of syar'u man qablana in Islamic legal methodology because it was deemed not to have contributed much to the discourse of Islamic legal thought, this article attempts to examine and reposition the existence of syar'u man qablana in the present era. Syar'u man Qablana is the shari'ah of the previous prophets before the Islamic shari'ah brought by the Prophet Muhammad. There are several views on understanding. Syar'u man qablana, both as a barrier (takhsis), nasikh and even as a method, is primarily related to the application of previous shari'ah in the present. Syar'u man qablana can contribute to the exploration of Islamic law, if it is contextualized with the development of contemporary thought, of course all of this stands on the benefit of the Muslim community as a whole and is supported by an understanding of maqashid al-syai'ah. The application of contextualizing syar'u man qablana is by repositioning syar'u man qablana as a method with the technique that Islamic law at the time of the Prophet Muhammad is seen as syar'u man qablana for Muslims living today. Among the provisions of the sharia, some are still valid, some are not valid. This effort is carried out not by replacing normative texts, but rather by contextualizing the laws contained in these normative texts to current conditions.