Rekonstruksi Hukum Waris Islam Telaah Pemikiran Muhammad Syahrur)

Afif Muamar, AM (2017) Rekonstruksi Hukum Waris Islam Telaah Pemikiran Muhammad Syahrur). Mahkamah:Jurnal Kajian Hukum Islam, 2 (2). ISSN 2502-6593

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Official URL: https://www.syekhnurjati.ac.id/jurnal/index.php/ma...

Abstract

In responding to the changing social context, the thought of Muhammad Syahrur with a framework and method different from other pioneering methods of Islamic legal thought is present in order to reconstruct the Islamic inheritance law. On the one hand, Syahrur is about to re-read the Islamic inheritance law with contemporary reading, so it is not uncommonly different with the fuqaha in general. On the other hand, he criticized the Islamic law's inheritance law to reconstruct it, both in terms of law and its historicity. Syahrur's findings on the theory of limits, which are touted as major contributions in the field of Ushul Fiqh, bring great implications to various readings and conclusions of Islamic law, including in the Islamic law of inheritance. To reveal the thoughts of Syahrur, then the type of research used is literature research, which is looking for data from various literatures and references related to the subject matter. The approach used is a qualitative-normative approach and techniques in analyzing the form of descriptive analysis. Three aspects that are important findings here are: first, in relation to wills and inheritance relations, according to Syahrur, the testament must take precedence over inheritance, because it is more able to accommodate the values of justice; secondly, there is no nasakh against the verses of the testament; Third, the theory of limits Syahrur has implications for the collapse of the old view that the inheritance parts are totally unalterable..

Item Type: Article
Uncontrolled Keywords: Konteks Sosial, Rekonstruksi Hukum Waris Islam, dan Teori Batas.
Subjects: K Law > KZ Law of Nations
Divisions: Fakultas Syariah dan Ekonomi Islam > Hukum Keluarga Islam (Al-Ahwal Al-Syahsyiyyah)
Depositing User: H. Tohirin S.Ag
Date Deposited: 27 May 2021 03:03
Last Modified: 27 May 2021 03:03
URI: http://repository.syekhnurjati.ac.id/id/eprint/4617

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