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Pendekatan Siasah Syarʻiyyah Dalam Proses Pembentukan Hukum Fiqhsemasa (takyifal-fiqhi) Berpandukan Model Fiqh Al-muwāzanah: Kajian Terhadap Isu Semasa Pandemik Covid-19
Journal
Al-Qanatir International Journal of Islamic Studies
ISSN
2289-9944
Date Issued
2024
Author(s)
Baidar Mohammed Mohammed Hassan
Abstract
Islam is a dynamic religion. The dynamism of Islam exists because of the characteristics of flexibility in the process of building Islamic law. The two main characteristics of Islamic Shari'a, which are rigid and flexible, have made Islam a religion that can deal with any problem that arises throughout the ages. The rigour of Islamic law ensures that its legal principles are not torn, while its flexibility makes it always able to keep up with the times and solve problems accurately. If fiqh describes the sharia law, which is rigid, then siasah syar'iyyah is an instrument of legal construction based on the principles and general arguments of Islamic sharia that will produce flexible sharia law. The siasah shariyah approach has placed Islam and its provisions always relevant in the face of problems. One of the mechanisms of law formation in siasah is using the MuwāzanahFiqh Model. Muwāzanahmeans consideration. Therefore, fiqh muwāzanahis a form of jurisprudence that considers between several maslahat or mafsadah when there is a conflict with each other. Therefore, the muwāzanahprocess is an emergency process. It is not the original law. It cannot be used all the time as it is only used in certain circumstances. The objective of this study was to identify the role of fiqh al-muwāzanahin building Islamic law based on maslahah and mafsadah in addition to showing how the process takes place (takyīf al-fiqhī). This study is qualitative, using a library approach, collecting primary and secondary data and then analysing it through content analysis. The results of the study show that the principle of fiqh al-muwāzanahin balancing maslahah and mafsadah plays a large role in determining the current fiqh laws.Keywords: Islamic Public Policy, Takyīfal-Fiqhī, Fiqh Al-Muwāzanah, MaslahatandMafsadah, Covid-19.
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Pendekatan Siasah Syarʻiyyah Dalam Proses Pembentukan Hukum Fiqh Semasa (Takyīf Al-Fiqhī) Berpandukan Model Fiqh Al-Muwāzanah: Kajian Terhadap Isu Semasa Pandemik Covid-19
Type
main article
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711.3 KB
Format
Adobe PDF
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