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Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah

It is often seen that the maqasid regulates the validity of the rule of taklīfī from the point of view of its implementation, so that the maqasid has the ability to stop or maintain the practice of a rule. The Shari’ah rulings are seen as means to maqasid from another perspective, so the validity an...

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Main Authors: Mat Jubri@Shamsuddin, Mustafa, Sitiris, Miszairi
Format: Article
Language:English
Published: Akademi Zakat (AZKA) 2021
Subjects:
BP174 The Practice of Islam
BP3790 Criminal law and procedure
K5000 Criminal Law
KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
Online Access:http://irep.iium.edu.my/88557/7/88557_Analysis%20on%20abandonment%20of%20shari%E2%80%99ah%20ruling%20of%20hudud%20due%20to%20preservation%20of%20maqasid%20al-shari%E2%80%99ah.pdf
http://irep.iium.edu.my/88557/
https://azjaf.zakat.com.my/index.php/azjaf/article/view/29/18
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spelling my.iium.irep.885572021-03-14T03:56:09Z http://irep.iium.edu.my/88557/ Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah Mat Jubri@Shamsuddin, Mustafa Sitiris, Miszairi BP174 The Practice of Islam BP3790 Criminal law and procedure K5000 Criminal Law KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. It is often seen that the maqasid regulates the validity of the rule of taklīfī from the point of view of its implementation, so that the maqasid has the ability to stop or maintain the practice of a rule. The Shari’ah rulings are seen as means to maqasid from another perspective, so the validity and existence of maqasid depends on the rules' application. With reference to the implementation of hudud law, the maqasid to be achieved is the preservation of the five main elements (darūriyāt khamsah) as well as the maintenance of general peace contained in the meaning of jalb al-maşlahah. The main purpose of this study is to explain the relationship between Shari’ah rulings and maqasid, in the context of the relationship between mean (wasīlah) and purpose (maqşad), and between small element (juzʾī) and large element (kullī), and its effect in the implementation of rules in general and hudud specifically. This study is based on two main methods, namely inductive data collection method and deductive data analysis method. The importance of this study is illustrated in the identification of the relationship between ruling and its maqasid, and between maqasid and its ruling. Among the results of this study are the abolition of a rule is not only seen from the point of view of preserving its maqasid but also, considering other angles such as changes in factors of the rule that lead it to different maqasid, besides the failure of achieving maqasid is due to failure of implementation the rulings, which therefore it should not lead to the abolition of the rules but to the improvement of their implementation. Hudud law and its implementation must be seen from the point of view of its relationship with maqasid in this way because the abolition of law results in the termination of maqasid itself. Akademi Zakat (AZKA) 2021-02-21 Article PeerReviewed application/pdf en http://irep.iium.edu.my/88557/7/88557_Analysis%20on%20abandonment%20of%20shari%E2%80%99ah%20ruling%20of%20hudud%20due%20to%20preservation%20of%20maqasid%20al-shari%E2%80%99ah.pdf Mat Jubri@Shamsuddin, Mustafa and Sitiris, Miszairi (2021) Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah. AZKA International Journal Of Zakat & Social Finance, 1 (2 (Special Issue 2021)). pp. 45-70. ISSN 2735-1890 E-ISSN 2716-6643 https://azjaf.zakat.com.my/index.php/azjaf/article/view/29/18
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BP174 The Practice of Islam
BP3790 Criminal law and procedure
K5000 Criminal Law
KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
spellingShingle BP174 The Practice of Islam
BP3790 Criminal law and procedure
K5000 Criminal Law
KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
Mat Jubri@Shamsuddin, Mustafa
Sitiris, Miszairi
Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
description It is often seen that the maqasid regulates the validity of the rule of taklīfī from the point of view of its implementation, so that the maqasid has the ability to stop or maintain the practice of a rule. The Shari’ah rulings are seen as means to maqasid from another perspective, so the validity and existence of maqasid depends on the rules' application. With reference to the implementation of hudud law, the maqasid to be achieved is the preservation of the five main elements (darūriyāt khamsah) as well as the maintenance of general peace contained in the meaning of jalb al-maşlahah. The main purpose of this study is to explain the relationship between Shari’ah rulings and maqasid, in the context of the relationship between mean (wasīlah) and purpose (maqşad), and between small element (juzʾī) and large element (kullī), and its effect in the implementation of rules in general and hudud specifically. This study is based on two main methods, namely inductive data collection method and deductive data analysis method. The importance of this study is illustrated in the identification of the relationship between ruling and its maqasid, and between maqasid and its ruling. Among the results of this study are the abolition of a rule is not only seen from the point of view of preserving its maqasid but also, considering other angles such as changes in factors of the rule that lead it to different maqasid, besides the failure of achieving maqasid is due to failure of implementation the rulings, which therefore it should not lead to the abolition of the rules but to the improvement of their implementation. Hudud law and its implementation must be seen from the point of view of its relationship with maqasid in this way because the abolition of law results in the termination of maqasid itself.
format Article
author Mat Jubri@Shamsuddin, Mustafa
Sitiris, Miszairi
author_facet Mat Jubri@Shamsuddin, Mustafa
Sitiris, Miszairi
author_sort Mat Jubri@Shamsuddin, Mustafa
title Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
title_short Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
title_full Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
title_fullStr Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
title_full_unstemmed Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
title_sort analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah
publisher Akademi Zakat (AZKA)
publishDate 2021
url http://irep.iium.edu.my/88557/7/88557_Analysis%20on%20abandonment%20of%20shari%E2%80%99ah%20ruling%20of%20hudud%20due%20to%20preservation%20of%20maqasid%20al-shari%E2%80%99ah.pdf
http://irep.iium.edu.my/88557/
https://azjaf.zakat.com.my/index.php/azjaf/article/view/29/18
_version_ 1695530654035345408
score 13.211869

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