This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application.In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruleror judge to determine the type of crime and jarimah that can be punished (ta'zīr) and t…
Bibliografi hlm. 181-186.
Bibliografi hlm. 318-324.
This paper focuses on the importance of maqâsid al-sharî‘ah for the effectiveness of ijtihad in Islamic law. The emergence of controversies at the beginning of the tenth century AD on the issue of the closing of the gate of ijtihâd has resulted in the rigidity of Islamic law and its methodological framework. Along with these issues, some contemporary scholars on maqâsid agreed that sharî…