Jumat, 10 Desember 2010

Definition of legal sources

Islam is a religion and way of life based on the Shari'a of God contained in the book of the Quran and the Sunnah of the Prophet Muhammad. Every person who integrates himself to Islam is required to establish the whole life and is living under the Shari'a as detailed in the Qur'an and Sunnah. It is, as revealed by Yusuf Qaradawi, the divine law as stated in the Qur'an and Sunnah are the two pillars of strength of Muslim society and Islam is a way of life and social order that has an integral relationship, a comprehensive whole with life - Islam is ideally reflected in the dynamics of Islamic law is a law that completely covers.
Embodiment of Islamic law on the two main sources of Islamic law and the first adult is not as easy as turning the hand. Era mekanisasai and modernization have been put people become part of the development full of controversy, challenge and competition that led to the emergence of new values and needs for those who are no longer just simple. The existence of Islamic law that is consistent in principle and the principle is not necessarily static, but precisely should be flexible and to reduce the development and advancement of human life.
As Hasan Bisri lineked it is a re-actualization of Islam, which by and large is the emphasis on the embodiment of Islam with his reinterpretation of the source of Islamic law by using needs, situasai, and conditions today as a paradigm.
Based on the above, then the Muslims - especially Muslim intellectuals - are required to perform the reconstruction of the treasures of Islamic law through ijtihad innovative. For studies about the ijtihad will always be the actual, given the position and function of ijtihad in Islamic jurisprudence can not be separated with the products whose names fiqh and fiqh is always flexible and its development is directly proportional to the life and human needs.
But with the flexibility in Islamic law and demand that Islamic law should keep up to date and to reduce the development of community life - not mean or intended to Islamic teachings, especially fiqh (law) was not consistent, easy to follow the flow of time and are free to interpret al- Quran and Sunnah according to the needs of human life - so that the actualization of Islamic law through the door of ijtihad in practice to shift the qathi of the Quran and the Sunnah is only to give legitimacy of human interests, whether political, economic, social, legal and other claims under the pretext of humanism.
Based on this phenomenon, the authors consider that an understanding of the sources of law is radically through the lens of philosophy has a very high urgency in an effort to fortify the contemporary Islamic law but in the process of taking into account its legal pengistinbatan spirits with sharia, or other language not mortgaged-to-qathi the Islamic Shari'a (read: the Qur'an and Sunnah) is only to say that Islamic law is up to date and no outdated

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