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The establishment of law with the sadd al-dhari'ah-style caused controversy because it was considered subjective, even accused of stepping over the shari'a. However, the existence of sadd al-dhari'ah can't be denied so that clear criteria are needed to avoid subjectivity. But the criteria can't be formulated if the ontologically is unclear. The classical controversy about sadd al-dhari'ah as a source or method continues until this century. Therefore, this study is focused on answering three important issues; 1) What is the essence (mahiyyah) sadd al-dhari'ah?; 2) What is the criteria of sadd…mehr

Produktbeschreibung
The establishment of law with the sadd al-dhari'ah-style caused controversy because it was considered subjective, even accused of stepping over the shari'a. However, the existence of sadd al-dhari'ah can't be denied so that clear criteria are needed to avoid subjectivity. But the criteria can't be formulated if the ontologically is unclear. The classical controversy about sadd al-dhari'ah as a source or method continues until this century. Therefore, this study is focused on answering three important issues; 1) What is the essence (mahiyyah) sadd al-dhari'ah?; 2) What is the criteria of sadd al-dhari'ah in the epistemology of Islamic law?; and 3) How is the application of sadd al-dhari'ah criteria in solving legal problems? This study is a literature research, in the form of qualitative research that is normative-descriptive. However, to answer these three issues, this study is conducted by system theory approach, where sadd al-dhari'ah is seen as a method of conscious value determination to be part of legal system entity. The usuliyyin opinions about sadd al-dhari'ah are circulated to complementary. The theory used to highlight is the theory of maqasid wasa'il from Ibn 'Asyur.
Autorenporträt
M. Jafar, born in Meunasah Cibrek Tunong, Syamtalira Aron District, North Aceh Regency, January 1 1971, is a lecturer with the functional position of Principal Lector A.K. 327 as of January 1, 2021 in the Ushul Fiqh course at the Sharia Faculty of IAIN Lhokseumawe.