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URGENSI KAIDAH FIQH DALAM PROBLEMATIKA HUKUM KONTEMPORER: Urgency, rule of fiqh, contemporary legal problems.

Jurnal Studi Islam: Pancawahana

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Title URGENSI KAIDAH FIQH DALAM PROBLEMATIKA HUKUM KONTEMPORER: Urgency, rule of fiqh, contemporary legal problems.
 
Creator Muhaki, Muhaki
 
Description Most of the scholars of fiqh and ushul view fiqh rules as authentic and universal, especially the first rule of fiqh. This indicates that the formulation of the first rule and its branches has an urgent value in every legal issue, including contemporary legal problems. So, this research was conducted with a descriptive method. And the first finding, the first rule is supported by the sharih text. Second, the universality of the first rule only covers various issues of religious fiqh and legal issues which can certainly be deduced from classical fiqh. Third, the application of the first fiqh rule incontemporary cases is laden with particular exceptions and tends to be inconsistent. It is still stuck with the old textual fiqh paradigm which deals with the area of ​​literal meaning of the text. The conclusion is that the first rule of fiqh cannot be generalizedto all legal problems but can still be applied to certain legal cases in certain contextsbut not absolute because it still requires other approaches.
 
Publisher Sekolah Tinggi Agama Islam Pancawahana Bangil
 
Date 2020-11-17
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://ejournal.kopertais4.or.id/tapalkuda/index.php/pwahana/article/view/4175
 
Source Jurnal Studi Islam: Pancawahana; Vol. 15 No. 2 (2020): Jurnal Studi Islam : Pancawahana; 127 - 145
2579-7131
1907-2910
 
Language eng
 
Relation http://ejournal.kopertais4.or.id/tapalkuda/index.php/pwahana/article/view/4175/2985
 
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