期刊名称:Tafáqquh: Jurnal Penelitian dan Kajian Keislaman
印刷版ISSN:2338-3186
电子版ISSN:2549-1873
出版年度:2018
卷号:6
期号:2
页码:119-139
出版社:Institut Agama Islam Bani Fattah Jombang
摘要:‘ Urf in ushul fiqh is categorized as a source of Islamic law or a valid (disputed) Islamic legal proposition, but in the various products of Islamic jurisprudence that exist, it turns out that all schools use ‘urf as a source of law. The categorization seems to contradict the facts of the existing fiqh . Based on this, the focus of the study of this article is to unravel the ulama’ debate about the status of ‘ urf in legal terms in each school. By using the library data analyzed in content (content analysis) in depth, it can be concluded that all schools use ‘ Urf as a legal proposition or legal source even though the ushul fiqh is classified as a valid (disputed) legal proposition.