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STUDI PERBANDINGAN TENTANG IJTIHAD PROGRESIF PEMIKIRAN ABDULLAH SAEED DAN HUKUM PROGRESIF PEMIKIRAN SATJIPTO RAHARDJO

Surianto, Andi (2018) STUDI PERBANDINGAN TENTANG IJTIHAD PROGRESIF PEMIKIRAN ABDULLAH SAEED DAN HUKUM PROGRESIF PEMIKIRAN SATJIPTO RAHARDJO. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

The law of both Islamic law and positive law has been more normative textual. This viewpoint occurs because the law is believed to have a legality principle that the note is found in the text (written law). Such paradigms judged by postmodernist legal scholars such as Abdullah Saeed and Satjipto Rahardjo are not sufficient enough to understand and discover law in the contemporary era. According to Abdullah Saeed, a progressive Muslim is needed, a group that believes that contemporary socio-religious change will find no solution if the methodology is an old paradigm tool, without an integrative process-interconnected with the discipline of contemporary science with problems in the past and this is what he called as progressive ijtihad. Meanwhile, according to Satjipto Rahardjo, he also gave a harsh criticism of the way of thinking positivistik-normatif it. He argued that such a paradigm would shackle its own laws to find substantive justice, especially in the absence of text. Therefore judges (mujtahid) are required to be more creative and progressive thinking in doing interpretation / ijtihad law. The idea of a progressive law paradigm is actually trying to understand and find a law-based maqasid law (legal purposes) to achieve the objectives of the law. The integration and interconnection of scientific disciplines is the keyword in this paradigm, as a new form of epistimological offer in empirical law to find solutions to the problems of contemporary law

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201310020311025/201410110312269
Uncontrolled Keywords: progressive Muslims, progressive ijtihad, progressive legal paradigm, interconnection-integration, maqasid shariah, and substantive justice
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Divisions: Faculty of Teacher Training and Education > Department of Pancasila and Civics Education
Depositing User: Administration Library UMM 2
Date Deposited: 09 Nov 2018 03:07
Last Modified: 09 Nov 2018 03:07
URI : http://eprints.umm.ac.id/id/eprint/39701

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