Article: Hukum in Islam and its sources
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Hukum in Islam
Hukm in Islam is determined by the Primary Sources of Quran and Sunnah. When no qat'i evidence is found it is followed by the Secondary Sources of Ijtihad namely Ijma', Qiyas, Istihsan, Istishab, Maslahah, Urf and Sadd Dhara'i to name the key ones. It is also assisted by Qawaid Fiqhiyyah or Islamic Legal Maxims.
No learned scholars or persons will speak beyond or contradict these established norms of determining rules. Even Qawaid Fiqhiyyah tabulated in the Majelle during the Uthmaniyyah Caliphate had its beginnings during the life of Rasulullah saw and the Sahabah ra. We sometimes pass judgement unaware we are required to follow the prestablished method in Islamic Fiqh.
Actually we may have heard of a Qaiddah Fiqhiyyah without realising it. We know we can eat haram things in times of dharuri. That is alMushaqqah tajlib alTaysir - Hardship begets facility. Another famous one is alDarar yuzal - Harm must be eliminated.
Didalam Hadith riwayat 'Aiz bin Amr Al Muzanly Nabi saw bersabda - Islam itu tinggi dan tidak direndahkan. Islam is high and must not be placed at a low level. Allah knows best.
Source: Zahid Aziz on X
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Dikemaskini [Updated]: Sam Ahmad 20240331