ASY-SYATIBI DAN KONSEP ISTIQRA’ MA’NAWI (Sebuah upaya Pengembangan Hukum Islam) Section Articles

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Moh. Fahimul Fuad

Abstract

Basically,  Islamic law is the law of all things, human and divine. It means that the source of Islamic law, actually, comes from the devine of God, and –in other hand- the creation of human being through his reason. But, after falling of Islamic civilization, Islamic law becomes marginal law that just has been aplicated for a part of human life aspect, for example family law. Further, Islamic law becomes weak, because of his inability to answer modern problems. Thus, it needs an empowerment.


Many of experts assume that for Islamic law empowerment, the most important to be improved is methodological aspect, that is Islamic legal theory called as ushul fikih. It needs improving in order to be able to guide the development of social change from the law perspective. What has been given by the former ushuliyyun, especially four Islamic law schools, in the form of methodological Islamic law isn’t enough to cover the problems of law. Then, Asy-Syatibi came and offered the new method of Islamic legal theory. His method offers the new perspective in understanding the sources of Islamic law. It is, comonly,called as istiqra’ ma’nawi. This paper will describe and explain about it.

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