HARAM LAW DISCOVERY PROCESS IN INDONESIAN ULAMA PERSPECTIVE: A STUDY OF ABDUL HAMID HAKIM THOUGHTS
Agus Miswanto
Sharia Economic Law (HES)
Faculty of Islamic Studies (FAI)
Universitas Muhammadiyah Magelang
Abstract
This research was conducted because of the quite disturbing phenomenon in Indonesia, where many people often easily forbid everything without a strong legal argument, especially based on the scientific basis of fiqh and its ushul. Though the provisions of the Sharia must be read in the lens of fiqh and its ushul so that it produces the right and correct legal conclusions. This research is a literary study of the thoughts of a prolific Indonesian cleric, who wrote about the works of ushul fiqh in the early 20th century, Abdul Hamid Hakim. To parse his thoughts, the study uses Islamic legal philosophy approach; and for analysis using content analysis. From this research it was found that, the provisions of illicit must be based on the Quran and the Sunnah. According to him, that there are several rules (maxim) for the determination of illicit, namely: 1) the basis of the illicit is the prohibition in texts; 2) the illicit can be deduced by using the reverse logic of the nash command; 3) prohibitions are continuous, without time lag; 4) illicit is obtained because of the damage factor attached to an act; 5) Unlawful acts can give birth to other unlawful acts
Keywords: haram, fiqh scholars, fiqh, ushul fiqh, prohibition rules, makruh
Topic: Law