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All Journal Jurnal Ilmiah Mahasiswa Raushan Fikr Jurnal Hukum Islam
Masykur Rozi
UIN Sunan Kalijaga
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PRINSIP GERAK IJTIHADI UṢŪL FIQH DAN MAQĀṢID ASY-SYARĪ’AH Masykur Rozi; Subaidi Subaidi
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 12 No 1 (2023): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v12i1.6633

Abstract

The use of uṣūl fiqh and maqāṣid asy-syarī’ah as methods of finding and verifying law often causes them to overlap and even self-contradict. Therefore, it is necessary to understand the principle of motion, then operate them in their respective parts. This paper aims to examine the principles of motion of each and build a reciprocal relationship between them. This research is qualitative-documentative, with data collected from books and journals. This study concludes that initially, maqāṣid asy-syarī’ah adheres to the principle of motion of istinbāṭī uṣūl al-fiqh, then becomes a spinoff with the principles of philosophical, analytic, and applicable motion to apply the law. The position of maqāṣid asy-syarī’ah as a spinoff has the consequence that it becomes an independent part of the Islamic legal system
Siyasah Pandemi ‘Umar bin al-Khaṭṭāb (Politik Kesehatan ‘Umar bin al-Khaṭṭāb dalam Menghadapi Wabah ‘Amwās Tahun 17-18 H/638-639 M) Masykur Rozi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2848

Abstract

This paper to analyze of the respons of Umar bin Khattab in facing the 'Amwas pandemic in 638-639 AD in the perspective of health politics; and find patterns of political health theory practiced by Umar bin Khattab when facing a health emergency. The political theory of health from Bjørkdahl & Carlsen used to construct historical data documented in the hadith and historical books into a theory. The research method used documentation and content analysis techniques. The results showed that, Umar bin Khattab placed health as an important element under the prospect of people's welfare. Umar bin Khattab understood the plague as a natural human reality. This belief used as a knowledge base in shaping policies for handling outbreaks. The first technical implementation is the transfer of limited autonomy to the amir to prevent conflicts of authority. The second implementation is the transfer of value which becomes the standard for practical policy formation. The communication tactics used by Umar bin Khattab were parables and idioms that were in accordance with the understanding capacity of the interlocutor to involve all parties to participate in handling the epidemic.
Co-Authors Subaidi Subaidi