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REFORMULASI ISTINBÂTH HUKUM ISLAM DARI AL-SUNNAH DALAM PERSPEKTIF YÛSUF AL-QARDHÂWÎ
Yaqin, Ainol
Yaqin, Ainol
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Abstract
This article focuses on the thought of Yûsuf al-Qardhâwî about al-sunnah in istinbâth of Islamic law. The theory principles of Yûsuf al-Qardhâwî’s thought consisting of comprehensive method, balance method and simplifying method become the theoretical analysis for this study. In turn, the study on the role of Prophet Muhammad is urgently considered to reveal the substance of al-Sunnah. For al-Qardhâwî, at one time, the Prophet could act in the capacity as a judge but in another time as a leader, and as a messenger of Allah that is applicable for universal use. Moreover, his own utterances may also represent his personal expression as a lay person. Hence, looking at the context where and when the decree is stated becomes a necessity. The writer finds that Yûsuf al-Qardhâwî formulates 8 principles of istinbâth pattern of Islamic law from al-Sunnah to make it relevant to the development of the space and time, by holding tight to the spirit of al-tasyrî‘ and maqâshid al-syarî‘ah.
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2015
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With permission of the license/copyright holder