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Analisis pandangan golongan yang menyokong dan menentang penggunaan Talfīq dalam perundangan Islam
Mohd Hafiz Jamaludin1, Ahmad Hidayat Buang2.
In the modern world, there are an abundance of problems and
issues that have not been discussed by previous Muslim scholars
in the field of religious rituals (‘ibādāt), commerce (mu‘āmalāt),
family relations (munākaḥāt), crimes (jināyāt), etc. In addressing
this current development, contemporary Muslim scholars have
adopted various methods for solving these particular problems
and issues. Among those methods employed include combining
the views of previous scholars of the various madhhabs, commonly
referred to as talfīq. Indeed, the issue of talfīq still invites debate among those who support and oppose this concept. This study
has analysed the views of the various scholars on these issues
by looking in depth at the arguments by who agree and disagree
on the usage of talfīq. The finding of this study indicates that the
explanations used by both sides were strong in supporting their
views although there is still rooms for criticism. Therefore the
researcher has choosen a neutral and cautious (iḥtiyāṭ) stance
by stating that the usage of talfīq is permissible only at the final
stage whereby the solution in a particular madhhab is not able to
provide the best possible solutions in overcoming the difficulties
faced by the community.
Affiliation:
- University of Malaya, Malaysia
- University of Malaya, Malaysia
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