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MENEROPONG FILSAFAT HUKUM ISLAM

Jurnal Kajian Hukum Islam

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Title MENEROPONG FILSAFAT HUKUM ISLAM
 
Creator Ismail, Moh.
 
Description Discussing the philosophy of Islamic law gives its own nuances to our scientific discipline. The study of Islamic legal philosophy does not merely discuss how the ideal basis of a law emerges, but rather leads to how a legal event occurs, the basic principles of establishing a law, and the values ​​of its benefits. This study is intended to analyze the philosophy of Islamic law from a review of ontology, epistemology and axiology. The results of this literature study show that Hasbi's discussion of Islamic legal philosophy was simplified into Tashri 'Philosophy, which discusses Mabadiu al-Ahkam (the basic principles of Islamic law), Ushul al-Ahkam (Juridical basis or the ideal basis of Islamic law), Qawaid al -Ahkam (principles of Islamic law), and others. Furthermore, the discussion forms the Shari'ah philosophy in which it describes Asrar al-Ahkam (secrets of Islamic law), Khasais al-Ahkam (specificities of Islamic law), and Mahasin al-Ahkam (beauties of Islamic law). Meanwhile, Muchlis Usman divides three models of methods used in the development of legal philosophy, namely: Pragmatic, Idealistic, and Comparative. They produce various methods in formulating Islamic law. Muhammad Ma'ruf al-Dawalibi divides the method of ijtihad in Islamic law into three groups. Namely the Bayani, Qiyasi, and Istislahi methods. The benefits of studying Philosophy are three dimensions of advantages, namely: Providing a foundation as well as directing the process of implementing the law based on Islamic teachings, Criticizing and correcting the methods and processes of implementing Islamic law, and evaluating the methods and processes of implementing Islamic law.
 
Publisher Program Pascasarjana, Universitas Sunan Giri Surabaya
 
Date 2020-09-24
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.unsuri.ac.id/index.php/jkhi/article/view/20
10.52166/jkhi.v7i2.20
 
Source Jurnal Kajian Hukum Islam; Vol. 7 No. 2 (2020): September 2020; 126-138
Jurnal Kajian Hukum Islam; Vol 7 No 2 (2020): September 2020; 126-138
2656-3134
2338-3801
10.52166/jkhi.v7i2
 
Language eng
 
Relation https://journal.unsuri.ac.id/index.php/jkhi/article/view/20/20
 
Rights Copyright (c) 2020 Moh. Ismail
https://creativecommons.org/licenses/by-sa/4.0