This item is published by Universitas Islam Negeri Sunan Ampel Surabaya
Johari, Johari (2017) Pemikiran fikih Abdurrahman Wahid dan kontribusinya dalam pengembangan hukum Islam di Indonesia. PhD thesis, Universitas Islam Negeri Sunan Ampel Surabaya.
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Abstract
This Study is aimed at describing Islamic law logic of Abdurrahman Wahid in three main problems: 1. how is the thought of Islamic law of Abdurrahman Wahid that underlie his thoughts?, 2. how is the istinbat method of Islamic law used?, and 3. how is its contribution to the development of Islamic law in Indonesia?. This study is the Library Research by taking the reasoning jurisprudence of Abdurrahman Wahid as an object of study. Terms of reference for this study is the theory of change of law and benefit theory. The main approach which is used in this study is usul fiqh and maqasid shari'ah and strengthen with socio historical analysis. The two approaches used to analyze the construction and the theoretical foundation of Islamic law of Abdurrahman Wahid thoughts that contain in many of his works. The result of study: first, Islamic law according to Abdurrahman Wahid is contextual (waqi'i), dynamic and humanistic. These characteristics can be seen from the concept of dynamic and indigenization of Islamic law and the concept of benefit (maslahah) that puts preserving soul (hifz al-nafs ) at the first position. Second, in the process of reunderstanding Islamic law and its application, reasoning primary uses is istislahi, the method of istinbat law based on the benefits are not only used for issues that do not have their nass but also used in the application of the texts of reality (tatbiq al-nusus} fi al-waqi ') for reaching the reasoning istislahi that he uses a set of methodology, namely the interpretation of contextual approach of socio cultural historic, the expansion of the use of qiyas, dhari’ah, both sad dhari’ah and fath dhari’ah and customs used as an approach to understanding of nass and the thoughts of Islamic scholars as a basis to understand whether there is or not ‘illah and welfare and customs that can either be used as legal. Third, Abdurrahman Wahid's thoughts and ideas in the development of Islamic law and the applicability contribute are not small either theoretically or practically. Theoretically, offering of modeling change in the context of Islamic law to Indonesian which take it into account of empirical considerations and humanitarian considerations (humanistic) built with a strong beneficial foundation. Practically, the great ideas about Pancasila state revenue, Islam and human rights, humanistic Islamic law, tolerant, and his idea about the application of Islamic law through forming value ethical norms that are reflected in the law and public policy through the democratic process, to contribute which is not small for the life of the nation.
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| Item Type: | Thesis (PhD) | ||||||
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| Subjects: | Hukum Islam | ||||||
| Divisions: | Program Doktor > Dirasah Islamiyah | ||||||
| Depositing User: | Johari Johari | ||||||
| Date Deposited: | 10 Aug 2017 03:18 | ||||||
| Last Modified: | 10 Aug 2017 03:18 | ||||||
| URI: | http://digilib.uinsa.ac.id/id/eprint/18395 |
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