Publication: Takhsis Al-Nutq Dengan Qiyas Dan Aplikasi Hukumnya Dalam Mencegah Pandemik Covid-19
Loading...
Date
2020-10-27
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Syariah and Law, Universiti Sains Islam Malaysia
Abstract
This study discusses the method of takhsis al-nutq with qiyas and its legal application in preventing the Covid-19 pandemic. This method is considered less popular because it is rarely introduced by scholars in the process of legal intervention. The focus of the study is related to selective legal issues during the period of Movement Control Order (MCO) due to pandemics such as the postponement of Friday prayers and congregational prayers in the mosque during the MCO as well as the practice of distancing while praying in the prayer queue. This study highlights the scholars' discussion on turuq ijtihad in harmonizing between the contradictory propositions (ta‘arud al-adillah) through the approach of takhsis al-nutq as inclusive to qiyas. The mode of this study is qualitative in which it uses the descriptive method using content analysis and library research. The referred sources are based on legal arguments and processed according to the method of knowledge as in line with Usul Fiqh. The findings of the study found that the government's order to postpone any religious activities in mosques and suraus is very much in line with the application of the law based on the method of takhsis al-nutq with qiyas. In addition, it also aims to prevent the spread of infectious diseases such as coronavirus. Ultimately this method is important and should be highlighted although it may be considered as a method of legal intervention that is rarely applied.
Description
International Seminar on Syariah and Law (INSLA 2020) E-Proceedings
“Hala Tuju Syariah Dan Undang - Undang Mendepani Pandemik Covid - 19”
Organized by : Faculty of Syariah and Law, Universiti Sains Islam Malaysia
27-28 October 2020
Keywords
Methods and applications of law, ta‘arud al-adillah, takhsis al-nutq with qiyas, process of legal intervention, Covid-19 pandemic