توظيف القواعد الأصولية عند الليبراليين في إندونيسيا : دراسة تحليلية نقدية /
The study aims to critically examine the rules of the principles of jurisprudence propagated by the liberalists and their application in Counter Legal Draft-Kompilasi Hukum Islam (CLD-KHI), which has been developed as an endeavour to supersede the guiding texts used in religious courts in Indonesia....
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2014
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9936 |
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| Summary: | The study aims to critically examine the rules of the principles of jurisprudence propagated by the liberalists and their application in Counter Legal Draft-Kompilasi Hukum Islam (CLD-KHI), which has been developed as an endeavour to supersede the guiding texts used in religious courts in Indonesia. Their principles of jurisprudence are devoted to discussing the fundamental concept of Usul al-Fiqh, covering the subject of Maqasid (objectives), Maslahah (public benefit) and 'Aql (logic), using difficult steps in problematic approaches. Furthermore, the application of the principles of jurisprudence dealing with issues related to the civil matters adopted atypical views. Against this backdrop, the present study undertakes to review the liberalists' legal maxims using both inductive and critical-analytical methodologies from Usul al-Fiqh and Fiqh approaches. The findings of the study reveal that the maxims propagated by the liberalists are not something new. In fact, they are derived and adapted from anomalous maxims to disregard and revise the divine revelation by misusing the concept of Maqasid, Maslahah and over reliance upon the logic. Most of the maxims' applications found in CLD-KHI refer to the weak opinions and simply mimic orientalist's thoughts. |
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| Physical Description: | [xxix], 143 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 131-143). |