Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law
Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, su...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Faculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri Purwokerto
2024-03-01
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| Series: | Al-Manahij: Jurnal Kajian Hukum Islam |
| Subjects: | |
| Online Access: | https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10571 |
| _version_ | 1797260109984825344 |
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| author | Aslati Armi Agustar Silawati Arisman Siti Arafah |
| author_facet | Aslati Armi Agustar Silawati Arisman Siti Arafah |
| author_sort | Aslati |
| collection | DOAJ |
| description | Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah. |
| first_indexed | 2024-04-24T23:20:06Z |
| format | Article |
| id | doaj.art-feac7225b01b4e359d1f907db62e23d2 |
| institution | Directory Open Access Journal |
| issn | 1978-6670 2579-4167 |
| language | English |
| last_indexed | 2024-04-24T23:20:06Z |
| publishDate | 2024-03-01 |
| publisher | Faculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri Purwokerto |
| record_format | Article |
| series | Al-Manahij: Jurnal Kajian Hukum Islam |
| spelling | doaj.art-feac7225b01b4e359d1f907db62e23d22024-03-16T15:14:03ZengFaculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri PurwokertoAl-Manahij: Jurnal Kajian Hukum Islam1978-66702579-41672024-03-01173610.24090/mnh.v18i1.105718748Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family LawAslati0Armi Agustar1Silawati2Arisman3Siti Arafah4UIN Sultan Syarif Kasim, RiauUIN Sultan Syarif Kasim, RiauUIN Sultan Syarif Kasim, RiauUIN Sultan Syarif Kasim, RiauErciyes University, Kayseri, TurkiyeContemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah.https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10571maqāṣid al-syarī’ahscienceislamic jurisprudencecontemporary family law |
| spellingShingle | Aslati Armi Agustar Silawati Arisman Siti Arafah Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law Al-Manahij: Jurnal Kajian Hukum Islam maqāṣid al-syarī’ah science islamic jurisprudence contemporary family law |
| title | Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law |
| title_full | Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law |
| title_fullStr | Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law |
| title_full_unstemmed | Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law |
| title_short | Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law |
| title_sort | utilizing science and maqasid al shari ah in resolving contemporary issues of islamic family law |
| topic | maqāṣid al-syarī’ah science islamic jurisprudence contemporary family law |
| url | https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10571 |
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