2021Global JuristRequires access

Islamic Jurisprudence Implementation in Indonesia: Perspective of the Objectives of Islamic Law

Ade Dedi Rohayana, Ali Muhtarom

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Abstract

Abstract Islamic jurisprudence ( fiqh ) is flexible and open to respond to the dynamics of time. This paper aims to reveal the Indonesian Islamic jurisprudence implementation from the perspective of the objectives of Islamic law ( maqashid al-syari’ah ). Using historical and social analysis, this study finds that Indonesian Islamic jurisprudence has been adapted to the Indonesian people’s cultural values. Here, maqashid al-syari’ah perspective is used to resolve seemingly conflicting arguments and establish laws for the cases which are linguistically not covered within Al-Qur’an and Hadith. The findings of this study imply that the Indonesian Islamic jurisprudence does not contradict the Islamic law sources.

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What this paper is about

Abstract Islamic jurisprudence ( fiqh ) is flexible and open to respond to the dynamics of time. This paper aims to reveal the Indonesian Islamic jurisprudence implementation from the perspective of the objectives of Islamic law ( maqashid al-syari’ah ). Using historical and social analysis, this study finds that Indonesian Islamic jurisprudence has been adapted to the Indonesian people’s cultural values. Here, maqashid al-syari’ah perspective is used to resolve seemingly conflicting arguments and establish laws for the cases which are linguistically not covered within Al-Qur’an and Hadith. The findings of this study imply that the Indonesian Islamic jurisprudence does not contradict the Islamic law sources.

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Available abstract

Abstract Islamic jurisprudence ( fiqh ) is flexible and open to respond to the dynamics of time. This paper aims to reveal the Indonesian Islamic jurisprudence implementation from the perspective of the objectives of Islamic law ( maqashid al-syari’ah ). Using historical and social analysis, this study finds that Indonesian Islamic jurisprudence has been adapted to the Indonesian people’s cultural values. Here, maqashid al-syari’ah perspective is used to resolve seemingly conflicting arguments and establish laws for the cases which are linguistically not covered within Al-Qur’an and Hadith. The findings of this study imply that the Indonesian Islamic jurisprudence does not contradict the Islamic law sources.

Key concepts: Jurisprudence, Fiqh, Islam, Indonesian, Sharia, Perspective (graphical), Law, Political science

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