It is hard to deny that ijtihad has been started to take contemporary problems in hand. Replacement of individual ijtihad [ijtihad fardhi] with collective ijtihad [ijtihad jama'i] indicates the change and shifting in ijtihad mechanism. To evolve and make wider study deals with the principles of fiqh is absolutely required. To approach the law using the principles of fiqh is one type of 'modera…
Like fiqh, qowaid fiqhiyah has developed for many years to be as an independent knowledge. The form of Islamic law form [qowaid fiqhiyah] varies and tends to affiliate to certain way [mazhab]. Thus, it is necessary to study in its history. In this case, there is a misunderstanding among experts about the unforbidden of doing ilhaq toward Islamic law form. Al Nadwi has two perspectives: in one s…
Shahih Muslim i s one of two hadith books called as shahihayn [two genuine hadits]. The books that have same level with Shahih Muslim, many hadith scholars accepted and keen on to study anthusiastically. There are many studies dealing with syarh, tahlil, tahdzib, and iktishar. It is also published many syarah shahih muslim, namely, al Muallim bil fawaid kitab Muslim, work of Muhammad Ali al Maz…
This last decade has witnessed the fast growth of shariah-based financial institutions, which is in form of bank or otherwise. One of many consequences of this growth is ocurrance of bancruptcy. If such condition does happen, islamic legal analysis is conducted over the problem which in turn an Islam financial institution can be entitled for zakat with the status of debtor. This conclusion is b…
Modern science requires that dialectic between induction and deduction should take place so that development of knowledge and its promotion may be acquired. In modern sciences in other words, such dialectic constitutes the very condition for the creation and invention of new theories, discoveries and fields of knowledge. This paper is trying to argue that as a science, figh in one way or anoth…
This article analyzes the differences of Scholar [Ulama] on ushul al fiqh and their implications in the differences of furu' fiqhiyyah. Based on the theory that differences on Ushul make the differences on Furu', it is found that the differences on mazhab [school of Islamic Jurisprudence] have four causes, i.e. the common causes of differences, the qawa'id of al Qur'an and al Hadis understandin…
Tesis (M.A.)--Universitas McGill, Kanada, 1998.