Paradigma Progresif dan Maqashid Syariah: Manhaj Baru Menemukan Hukum Responsif
Abstract views: 1244 PDF downloads: 2376
Keywords:paradigma hukum progresif, maqasid syariah, integrasiinterkonesi dan keadilan subtantif
AbstractLaw both Islamic law and positive law has been more textual normative. This viewpoint is believed to occur because the law must have the principle of legality postscript found in the text (statutory law). To borrow a phrase in the study of Islamic Emirate of Muhammad, Islam is a divine source- oriented Insaniah (ilahiyul masdar insaniyul maudlu'). Sui generis- positivistic paradigm is considered by legal experts postmodernists are not sufficient to understand and find the law in the contemporary era. One of the legal experts Indonesia, Satjipto Raharjo also provide strong criticism against the way of thinking of positivistic-normative. According to this paradigm precisely the legal handcuff themselves to find substantive justice, especially in the absence of the text. Hence judges (mujtahid) required to be more creative and progressive thinking in the interpretation/ijtihad. The notion of progressive legal paradigm is actually trying to understand and find maqasid sharia-based law (legal purposes) to achieve the objectives of the law. Integration and interconnection of scientific disciplines become keywords in this paradigm, as a new form of legal epistimologi bid that is sui generis-cum empirisuntuk find solutions to the problems of contemporary law.
How to Cite
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum by Faculty of Sharia and Law, UIN Sunan Kalijaga Yogyakarta is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.