PURIFIKASI FALSAFAH HUKUM ISLAM WAMAN LLAM’YAH’KUM BIMA 'ANZAL ALLLAH

Abstrak

The development of the times and social changes in society are increasingly complex, starting from social problems, humanities and even legal issues that often arise and sometimes make it difficult for small communities to determine their status. Therefore, this problem requires intelligence and keen sense or high sensitivity as well as being sensitive to situations and conditions to then be able to minimize the problem so that it does not become a prolonged conflict. In this case, contemporary thinkers and scholars are certainly needed who are able to provide enlightenment to solve a particular legal problem. The Maqasid as-Shari'ah that has been explained is still abstract. This means that, although there have been Islamic thinkers who have tried to explain maqasid as-syari'ah in terms of methodology, they have not contributed their thoughts to purify a more systematic philosophy of Islamic law. Islamic law covers very broad and complex legal material, while for some Muslims, Islamic law is considered a rigid legal system that is even frightening for some groups, especially the attitude of militancy (jihad) shown by some hardline Islamic adherents who are usually referred to as terrorist group. For the purposes of Islamic law legislation in national law, the process of transforming the substance of Islamic law, which some groups understand negatively, needs to be directed at studying the dynamics and elasticity aspects of Islamic law in contextualizing Islamic legal materials so that they are coherent with the current context and the Indonesian social context. Islamic Law (Islamic Law) is synonymous with understanding fiqh, namely as understood by experts in ulus al-fiqh as practical law resulting from ijtihad, therefore fiqh is identical with ijtihad, while faqih is synonymous with mujtahid. Circle fuqaha generally defines fiqh as a collection Islamic law which covers all aspects of shar'iy law, is good which is stated textually or as a result of reasoning or text. Islamic legal methodology is a discussion of the basic concepts of Islamic law, the Qur'an, al-Sunnah, Ijma', and ijtihad, and how Islamic law is studied and formulated. The most characteristic features of Islamic law are there is elasticity and dynamics in it.