ISLAMICA: Jurnal Studi Keislaman
Vol. 8 No. 2 (2014): Maret

Aplikasi al-Qawâid al-Fiqhîyah sebagai Nalar Deduktif dalam Istinbâṭ Hukum Islam

Abbas Arfan (Universitas Islam Negeri Maulana Malik Ibrahim Malang)



Article Info

Publish Date
03 Mar 2014

Abstract

This paper discusses the application of al-qawâid al-fiqhîyah (legal principles) as deductive reason in legal reasoning through usûl al-fiqh approach. This paper seeks to answer a problem of how deductive reason using al-qawâid al-fiqhîyah is regarded as the source of Islamic law in the perspective of classical and contemporary religious scholars (ulama). Basing mainly on the legal approach, this paper argues that not all ulama are familiar with, and therefore, employ al-qawâid al-fiqhîyah in the making of Islamic legal opinion. This study concludes that the views of classical and contemporary ?ulama on this issue can be classified into three groups: a) those who categorically reject legal principles as direct reference of Islamic legal reasoning; b) those who permit the use of legal principles as evidence or reference in legal reasoning; and c) those in the middle position, permitting the use of legal principles as reference on the condition that this principle should be derived from the primary source of Islamic law (al-Qurân and Sunnah), not from the legal thought of jurists.

Copyrights © 2014






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 ...