ISLAMIC LEGAL MAXIMS AS A TOOL OF HARMONIZATION OF SHARI’AH AND CIVIL LAW: AN APPRAISAL
Author(s): Abdurrahman Raden Aji Haqqi ,Hjh Mas Nooraini Hj Mohiddin
J. Ponte - Sep 2022 - Volume 78 - Issue 9
doi: 10.21506/j.ponte.2022.9.5
Abstract:
As a result of scrutinization, deep study and full observation of Islamic jurisprudence by Muslim jurists in the earliest era, Islamic legal maxims or qawa’id fiqhiyyah, plays an important role in developing Islamic jurisprudence itself especially when it faces a lacuna. For, it will become an alternative source of Islamic law when the jurists could not find any solution from direct evidences in the primary sources al-Quran and Sunnah and its extensions such as Qiyas, Maslahah Mursalah and Istihsan. Being a body of abstract rules that are derived from the detailed study of Islamic jurisprudence itself, Islamic legal maxims consist of theoretical guidelines in the different area of Islamic jurisprudence such as evidence, transactions and matrimonial law. The above notion is in mind, it is a very useful and advantageous effort to account and consider Islamic legal maxims as a significant tool towards exploring and finding a methodology of harmonization of Shari’ah and Civil law. Islamic jurisprudence is a huge and wide product of human intellect in the area of religion interpretation based on revelation thorough Islamic civilization. On the other hand, Civil law is a product of human observation and experience based on the utilization of their intellect but some time their emotional in understanding the life itself. It is the aim of this study to find a way of harmonization of the both by looking their concept, modus operandi and benefit.
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