Aplikasi Dalil Qaṭ‘ī dan ẒAnnī dalam Pertimbangan Subyek dan Tujuan Hukum

Arifin, Asep
Journal article Ahkam Journal of Sharia • January 2013

Abstract

: The Application of Qaṭ‘ī and Ẓannī in Considering Subject of Law and Legal Purposes. The discourse on the qaṭ‘ī and ẓannī verses has never been stoped in Islamic legal thought that derived from the interpretation of verses of al-muḥkamāt and al-mutashābihāt. Among scholars Ḥanafiyyah, muḥkamāt verses and al-mutashābihāt or muḥkam is comprehended as an absolute legal verses due to prohibition of interpretation, such as ḥudūd verses as verses relating to criminal offenses. Whereas in practical level, law is required to consider another aspects that directly related to the appropriateness of subject of law who has the limitation in accepting and carrying out the law. The implementation of muḥkamāt verses should also reckon legal purposes in the realization the goodness of the society and avoiding badness.

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Journal

Ahkam Journal of Sharia

Ahkam: Jurnal Ilmu Syariah (Ahkam Journal of Sharia) is a peer-reviewed journal that publishes or... see more