Otoritas ‘urf dalam penalaran Hukum Islam

Kholidah, Kholidah (2022) Otoritas ‘urf dalam penalaran Hukum Islam. AL-MAQASID: jurnal Ilmu Kesyariahan dan Keperdataan, 8 (2). pp. 242-254. ISSN 2442-6644

Text 6264-19408-1-PB.pdf - Published Version Available under License Creative Commons Attribution Non-commercial Share Alike. Download (876kB)

Abstract

This paper criticizes the authority of 'urf in Islamic legal reasoning among scholars, considering that 'urf also has an important role in reasoning to anticipate problems that are not regulated by the law of the Qur'an and hadith. For this reason, this paper is included in the realm of normative legal studies using the library as a source of information. The books of ushul fiqh and other books that discuss the concept of 'urf will be analyzed objectively, then understood and concluded. Based on the study, it is concluded that 'urf is always considered in all forms of reasoning, both qiyasi reasoning (istihsan bil 'urf) specifically istislahi reasoning, because this reasoning is not based on specific (direct) texts but general propositions taking into account the benefits that will be obtained. The expressions of ushul experts show that 'urf's reasoning has a major role in the formulation of 'urf law, even though its position is disputed among scholars. Even in the current context, the application of 'urf as legal reasoning has a great opportunity for legal development. Because through reasoning 'urf the Muslim community will easily practice Islamic teachings while at the same time being able to maintain social stability which can lead to benefit as the ultimate goal of legal provisions

Actions (login required)

View Item