Method of Islamic Law in Construct of Jurisprudence Contemporary in Indonesia.

Kasuwi Saiban

Abstract


Different methods in memproduct Islamic law is a natural thing occurred among the scholars'. Factors which led to the difference in this method is partly because of differences in environmental conditions in which the scholars' was. Legal jurisprudence and methods of their establishment which has been constructed by the scholars' Salaf (History) almost all come from Arab countries that in fact the environmental conditions different from Indonesia. Therefore, in determining the law jurisprudence in Indonesia needed more methods in accordance with the conditions of Indonesia. The methods that have been established by the scholars 'Salaf, among others: ijma', qiyas, istihsan, istishab, maslahah mursalah, and sad dzari'ah. Additionally in building contemporary jurisprudence Joseph Qordowi offers intiqa'i methods, and insya'i. This paper wants to answer the question: How does Islamic law determination method in building contemporary jurisprudence schools in Indonesaia?

Keywords: Methods, Islamic Law, Fiqh Contemporary, Indonesia

 


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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