Publication: Polemic Of Acceptance And Rejection Of Imam Al-syafei Related To Sadd Al-dhara'i (blocking The Means) As A Source Of Islamic Jurisprudence In Ijtihad Compared To The Acceptance Of Jumhur Fuqaha’
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Date
2022
Journal Title
Journal ISSN
Volume Title
Publisher
ResearchTrentz
Abstract
This paper is looking at the position of sadd al-dhara'ic in the legal reasoning (ijtihad), its objectivity as the source of ijtihad, the acceptance and the rejection of Imam al-Syafei and the fuqaha’. The situation of this acceptance and rejection by Imam al-Syafei becomes a polemic and the impact on his actual perception. The objective of this research is to investigate and understand the approach of ijtihad through sadd al-dhara'ic , unravel his stand and to justify his stand as compared to other fuqaha’ who accepted it. This research is using the library research method which is the main source of information by evaluating the documents related to the use of sadd al-dhara'ic by Imam al-Syafei and the fuqaha’. By critically analysing the position of sadd al-dhara'ic through the discussion of the mujtahid and Imam al-Syafei’s perception who accepted and rejected as well as the differences of each others’ opinions, it is found that he accepted sadd al-dhara'ic as the source of law. However, the acceptance is not comprehensive, it is only based on al-dhara'ic or the means which hold the certain (qatei) charecteristics and it is confidently leads to harm (mafsadah) only. Nevertheleas, it is found that the example of it’s application has already been applied indirectly in Imam al- Syafei’s fiqh. Therefore, the invention of the legal ruling (hukum) through the ijtihad process using the sadd al-dhara'ic should not be regarded as rejected by al-Syafei. It is also in line with the importance of the use of the mind and the wisdom of the mind based on legal text (nass) in the process of istinbat or deducing an Islamic law from it’s sources which is regarded as very important especially in this modern times because there is a need for the law to be scrutinized in detail which has not been elaborated thoroughly by nass of the al_Quran and al-Sunnah.
Description
Volume: 13 Special Issue 09 (page: 5631-5641)
Keywords
sadd al-dhara'ic, ijtihad, al-Syafei, mazhab
Citation
Mohd Nasir Abdul Majid, Latifah Abdul Majid, Ahmad Zaki Salleh, Mohamad Zaharuddin Zakaria, Irwan Mohd Subri. (2022). POLEMIC OF ACCEPTANCE AND REJECTION OF IMAM AL-SYAFEI RELATED TO SADD AL-DHARA’I (BLOCKING THE MEANS) AS A SOURCE OF ISLAMIC JURISPRUDENCE IN IJTIHAD COMPARED TO THE ACCEPTANCE OF JUMHUR FUQAHA’. Journal of Pharmaceutical Negative Results, 5631–5641. https://doi.org/10.47750/pnr.2022.13.S09.685