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FATAWA RESEARCH IN THE FRAMEWORK OF THE MAQASID AL-SHARIA: AN OVERVIEW
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نویسنده
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azhar alias ,hussain muhammad azam ,md. nor mohd zakhiri ,othman mohamad khairi
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منبع
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ulum islamiyyah journal - 2017 - دوره : 20 - شماره : April - صفحه:47 -65
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چکیده
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The objective of fatwaresearch has a close relationship with the objectives of shariah (maqasid al-sharia). the society is now faced with a new problem, which is caused by the changing patterns of life and the rapid development of science and technology, that give rise to a new cyber era. to solve all the problems of the human race in this new millennium, the fatwa institution must conduct an istinbat of hukm through research of fatwa systematically and effectively within the framework of maqasid al-sharia. with this basis, muslim jurists or sharia researcher are doing fatwa research more efficiently and effectively through. their diligence in understanding the verses of quran and sunnah as well as seeking approaches to common methods for the realization of cases more specific. thus, the most important framework as a catalyst to the effectiveness of fatwa research is the is the understanding of jurists of the texts and the current reality. this study enunciates three (3) methods, namely, content analysis that examines the epistemological framework of fatwa and ijtihad in islam (the question of resources, the nature of science and the balance sheet valuation) used by a particular scholar / writer sharia; methods and comparative historiography that examines the history of the construction of islamic law and sociology research methods to examine the background of the community such as the socio-political structure, economy and institutions (such as the institution of fatwa) that affect the production of rules. thediscussion of this article covers the definitions and concepts of maqasid al-sharia and fatwa, the authority of maqasid al-sharia and fatwa research within the framework of maqasid al-sharia. fatwa research should take into account all scientific fields that are not limited to the field of religion alone, even though in cases involving science and technology. this also includes the intellectuals and the reality of life whether in the socio-economic, cultural, social interaction and so on. this is important because it determines the legal ruling based on the realities and challenges without denying the aspects of maqasid al-sharia. therefore, the best method of fatwa research is to analyze the hukm without neglecting the aspects of the development and changes of the current reality. this effort is important to maintain maqasid al-sharia in the process of istinbat of hukum based on contemporary fatwa research.
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کلیدواژه
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maqasid al-sharia ,fiqh maqasidi ,fatwa ,istinbat ,Islamic legal research
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آدرس
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universiti utara malaysia, pusat pengajian undang-undang, Malaysia, universiti utara malaysia, pusat pengajian undang-undang, Malaysia, universiti utara malaysia, pusat pengajian undang-undang, Malaysia, universiti utara malaysia, pusat pengajian undang-undang, Malaysia
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پست الکترونیکی
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m_khairi@uum.edu.my
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Authors
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