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Konsep khiyār menurut Syeikh Daud bin Abdullah al-Faṭānī dalam Furū‘ al-Masā’il
Towpek, Hadenan1.
The book of Furū‘ al-Masā’il by Sheikh Daud bin Abdullah al-Faṭānī (1131-1265H/1718-1847M), an Islamic religous work written in jawi, was considered a masterpiece in the field of Islamic jurisprudence at the time of his appearance in the nineteenth-century. This book contains almost all the titles in the field of Islamic jurisprudence including fiqh al-mu‘āmalat or Islamic transactions. One of the titles covered in fiqh al-mu‘āmalat, which is no less important, is the title of khiyār or option. Therefore, this article attempts to analyse the concept of khiyar as discussed by Sheikh Daud in this book. In analysing the corpus study, this article applies the content analysis methods through a thematic approach that is grouped under six subtitles: definition of khiyār, classification of khiyār, khiyār majlis or option during the meeting, khiyār syarṭ or option of condition, khiyār ‘ayb or option of defect, and arsy or rebate. In addition, the approach draws a comparison with the views of major Shāfi’ī jurists. This article identifies the view of Syeikh Daud al-Faṭānī concerning the concept of khiyar, which is within the scope of discussion Shāfi’ī school of jurisprudence. This clearly indicates that the school of thought of Sheikh Daud al-Faṭānī was a continuation of a series of traditional Islamic sciences that draws on the family cluster and network of genealogy of jurisprudence references.
Affiliation:
- University of Malaya, Malaysia
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