KADAR PENGGUNAAN NALAR DALAM HUKUM KEWARISAN ISLAM

Jalaluddin, Akhmad KADAR PENGGUNAAN NALAR DALAM HUKUM KEWARISAN ISLAM. JURNAL PENELITIAN, 11 (2). pp. 189-211. ISSN 1829-9903

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Abstract

This study attempted to assess the level of the use of reason in the Islamic inheritance law. From this study, that use the ushul fiqh (Islamic legal theory) approach, it is known that inheritance law that often considered as qat'iy (definitive) and can not be changed, in fact, is filled with provisions was formulated by using reason (ijtihad). Even some of the ijtihad is touching the provisions set forth by the verses of the Koran that considered as qat 'iy, in order to give justice to the heirs. This fact suggests that the inheritance law is a sphere that is open to be reformulated and that the consideration of justice also been and can be used although it seem contrary to the provisions of textual considered as qat 'iy.

Item Type: Article
Uncontrolled Keywords: ijtihad, qat}‘iy, fard}(j.furu>d})
Subjects: 300 SOCIAL SCIENCE ( ILMU SOSIAL ) > 340 Law (Ilmu Hukum) > 344.09 Cultural and Religion Law/Hukum Kebudayaan dan Hukum Agama
Divisions: Fakultas Syariah > Jurusan Hukum Keluarga Islam
Depositing User: Akhmad Jalaludin
Date Deposited: 01 Aug 2022 10:03
Last Modified: 01 Aug 2022 10:03
URI: http://repository.iainpekalongan.ac.id/id/eprint/669

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