دورية أكاديمية
AL-RISALAH AND THE IDEA OF PHILOSOPHICAL UNION LAW
| العنوان: | AL-RISALAH AND THE IDEA OF PHILOSOPHICAL UNION LAW |
|---|---|
| المؤلفون: | Abdul Mun'im, M. Ilham Tanzilulloh |
| المصدر: | Justicia Islamica, Vol 18, Iss 1 (2024) |
| بيانات النشر: | STAIN Ponorogo, 2024. |
| سنة النشر: | 2024 |
| المجموعة: | LCC:Islamic law |
| مصطلحات موضوعية: | al-Risalah, legal philosophy, al-Shafi'i, Islamic law, KBP1-4860 |
| الوصف: | Since the beginning, Muslim jurists have agreed that the essence of law is God's law. They are free from conflict at such a fundamental level as in the experience of the Western world that there have never been any calls to reach agreements based on issues as complicated as those above. It is true that Islam is not free from conflicts between various tendencies, schools and schools. Rational tendencies (ahl al-'aql) dealing with textual tendencies (ahl al-hadith) for about a century. Many schools of law emerged, which then narrowed down into four dominant Sunni schools, namely the Hanafi, Maliki, Shafi'I And Hanbali. They, under the main agreement on the source of common law, still have room to express their differences without the risk of being seen as violating their mutual agreement as Muslims. Even within the internal sect, there are no legal differences of opinion regarding the same case without the risk of being considered out of agreement as followers of the same sect. This research will examine the juristic positions taken by the bookal-Risalah,both at the theological and methodological levels. These positions will be treated as an offer of thought for the development of a single legal philosophy that complements all the results of thought by legal philosophers in answering questions about the nature of law. Proposition of fundamental premises from a juristic positional RisalahThis was submitted for research becauseal-Risalahas deliveredal-Shafi'I the author to be recognized as one of the Fathers Equilibriumin Islam, where he is seen as successful in creating epistemological balance in Islamic legal thought. This research will therefore be carried out from the perspective of the three main classical legal theories, namely legal positivism, the natural law school and the historical school to reveal whether these juristic positions offered are complementary to the typical juristic positions of each of the legal schools above. |
| نوع الوثيقة: | article |
| وصف الملف: | electronic resource |
| اللغة: | Indonesian |
| تدمد: | 1693-5926 2502-7646 |
| Relation: | https://jurnal.iainponorogo.ac.id/index.php/justicia/article/view/8846; https://doaj.org/toc/1693-5926; https://doaj.org/toc/2502-7646 |
| DOI: | 10.21154/justicia.v18i1.8846 |
| URL الوصول: | https://doaj.org/article/57f7b4705dde4bd0a36b28f67c0cd4f1 |
| رقم الأكسشن: | edsdoj.57f7b4705dde4bd0a36b28f67c0cd4f1 |
| قاعدة البيانات: | Directory of Open Access Journals |
Full Text Finder | تدمد: | 16935926 25027646 |
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| DOI: | 10.21154/justicia.v18i1.8846 |