Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)

Kawakib; Hafdz Syuhud

doi:doi:10.11648/j.ijp.20210904.13

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Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)

Kawakib, Hafdz Syuhud

Published in International Journal of Philosophy (Volume 9, Issue 4)

Received: 16 October 2021 Accepted: 5 November 2021 Published: 23 November 2021

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Abstract

The study of science fiqh in Islamic law is one of the products of the thoughts of Muslim scientists whose sources are the al-Qur'an, hadith, Ijma' and qiyas so as to produce a rule that is made into law in accordance with the objectives of Islamic law for the benefit of mankind which is increasingly develop in line with the changing circumstances of the times. The Ulama and the roots of Islamic law are required to always be sensitive to the problems of social life in the midst of society. In addition, in formulating a law that can be accepted by humans, it cannot be separated from the differences in the socio-cultural background of the scholars and legal thinkers that cause differences of opinion between them in establishing a legal product. These differences are of course caused by differences in thoughts and interpretations in the verses of the Qur'an and hadith, giving rise to pros and cons in establishing Islamic law. As was done in the thinking between Ibn al-Qayyim and IbnHazm in the theory of sadd al-dzarî'ahkehujjah as the concept of establishing Islamic law. In the concept of Ibn al-Qayyim's perspective that sadd al-dzarî'ah can be used as a proposition in Islamic law. According to Ibn al-Qayyim's perspective, the theory or concept of sadd al-dzarî'ah cannot be used as a postulate of Islamic law, because the sadd al-dzarî'ah theory only provides information and motivates to always ijtihad, because the door to ijtihad is always open at any time and condemns to people following without reason or imitating and obeying without evidence (taklid). Ibn al-Qayyim always had to think rationally so as not to be fixated on the textual arguments in the Qur'an and hadith. Thus, Ibn al-Qayyim is more lax in establishing the basics of Islamic law even though there are no texts that specifically acknowledge the validity of the sadd al-dzarî'ah concept. An example is buying and selling on a tempo and then the seller buys the item again in cash at a cheaper price. In this case, if approached with sadd al-dzarî'ah, then this transaction is haram because the practice of buying and selling is oriented to the practice of usury which is forbidden. Meanwhile, according to IbnHazm, buying and selling is not prohibited because it is in accordance with the provisions of syara'.

Published in	International Journal of Philosophy (Volume 9, Issue 4)
DOI	10.11648/j.ijp.20210904.13
Page(s)	193-199
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Sadd Al-Dzarî'ah, Islamic Law Arguments, Proof of Evidence, IbnuQayyim, Ibnu Hazm

References

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[15]	bin Hajjâj al-Qusyairi al-Naisaburi, Abu al-Husain Muslim. 2001. Shahîh Muslim, Juz I. 9 ed. Bairut: Dar Al-Fikr.
[16]	Harahap, Nur’ain. 2019. “Saddu al-dzari’ah muamalah.” Bisnis-Net Jurnal Ekonomi dan Bisnis 2 (1). doi: 10.46576/bn.v2i3.428.
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Kawakib, Hafdz Syuhud. (2021). Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). International Journal of Philosophy, 9(4), 193-199. https://doi.org/10.11648/j.ijp.20210904.13

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ACS Style

Kawakib; Hafdz Syuhud. Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). Int. J. Philos. 2021, 9(4), 193-199. doi: 10.11648/j.ijp.20210904.13

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AMA Style

Kawakib, Hafdz Syuhud. Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). Int J Philos. 2021;9(4):193-199. doi: 10.11648/j.ijp.20210904.13

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@article{10.11648/j.ijp.20210904.13,
  author = {Kawakib and Hafdz Syuhud},
  title = {Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)},
  journal = {International Journal of Philosophy},
  volume = {9},
  number = {4},
  pages = {193-199},
  doi = {10.11648/j.ijp.20210904.13},
  url = {https://doi.org/10.11648/j.ijp.20210904.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijp.20210904.13},
  abstract = {The study of science fiqh in Islamic law is one of the products of the thoughts of Muslim scientists whose sources are the al-Qur'an, hadith, Ijma' and qiyas so as to produce a rule that is made into law in accordance with the objectives of Islamic law for the benefit of mankind which is increasingly develop in line with the changing circumstances of the times. The Ulama and the roots of Islamic law are required to always be sensitive to the problems of social life in the midst of society. In addition, in formulating a law that can be accepted by humans, it cannot be separated from the differences in the socio-cultural background of the scholars and legal thinkers that cause differences of opinion between them in establishing a legal product. These differences are of course caused by differences in thoughts and interpretations in the verses of the Qur'an and hadith, giving rise to pros and cons in establishing Islamic law. As was done in the thinking between Ibn al-Qayyim and IbnHazm in the theory of sadd al-dzarî'ahkehujjah as the concept of establishing Islamic law. In the concept of Ibn al-Qayyim's perspective that sadd al-dzarî'ah can be used as a proposition in Islamic law. According to Ibn al-Qayyim's perspective, the theory or concept of sadd al-dzarî'ah cannot be used as a postulate of Islamic law, because the sadd al-dzarî'ah theory only provides information and motivates to always ijtihad, because the door to ijtihad is always open at any time and condemns to people following without reason or imitating and obeying without evidence (taklid). Ibn al-Qayyim always had to think rationally so as not to be fixated on the textual arguments in the Qur'an and hadith. Thus, Ibn al-Qayyim is more lax in establishing the basics of Islamic law even though there are no texts that specifically acknowledge the validity of the sadd al-dzarî'ah concept. An example is buying and selling on a tempo and then the seller buys the item again in cash at a cheaper price. In this case, if approached with sadd al-dzarî'ah, then this transaction is haram because the practice of buying and selling is oriented to the practice of usury which is forbidden. Meanwhile, according to IbnHazm, buying and selling is not prohibited because it is in accordance with the provisions of syara'.},
 year = {2021}
}

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TY  - JOUR
T1  - Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)
AU  - Kawakib
AU  - Hafdz Syuhud
Y1  - 2021/11/23
PY  - 2021
N1  - https://doi.org/10.11648/j.ijp.20210904.13
DO  - 10.11648/j.ijp.20210904.13
T2  - International Journal of Philosophy
JF  - International Journal of Philosophy
JO  - International Journal of Philosophy
SP  - 193
EP  - 199
PB  - Science Publishing Group
SN  - 2330-7455
UR  - https://doi.org/10.11648/j.ijp.20210904.13
AB  - The study of science fiqh in Islamic law is one of the products of the thoughts of Muslim scientists whose sources are the al-Qur'an, hadith, Ijma' and qiyas so as to produce a rule that is made into law in accordance with the objectives of Islamic law for the benefit of mankind which is increasingly develop in line with the changing circumstances of the times. The Ulama and the roots of Islamic law are required to always be sensitive to the problems of social life in the midst of society. In addition, in formulating a law that can be accepted by humans, it cannot be separated from the differences in the socio-cultural background of the scholars and legal thinkers that cause differences of opinion between them in establishing a legal product. These differences are of course caused by differences in thoughts and interpretations in the verses of the Qur'an and hadith, giving rise to pros and cons in establishing Islamic law. As was done in the thinking between Ibn al-Qayyim and IbnHazm in the theory of sadd al-dzarî'ahkehujjah as the concept of establishing Islamic law. In the concept of Ibn al-Qayyim's perspective that sadd al-dzarî'ah can be used as a proposition in Islamic law. According to Ibn al-Qayyim's perspective, the theory or concept of sadd al-dzarî'ah cannot be used as a postulate of Islamic law, because the sadd al-dzarî'ah theory only provides information and motivates to always ijtihad, because the door to ijtihad is always open at any time and condemns to people following without reason or imitating and obeying without evidence (taklid). Ibn al-Qayyim always had to think rationally so as not to be fixated on the textual arguments in the Qur'an and hadith. Thus, Ibn al-Qayyim is more lax in establishing the basics of Islamic law even though there are no texts that specifically acknowledge the validity of the sadd al-dzarî'ah concept. An example is buying and selling on a tempo and then the seller buys the item again in cash at a cheaper price. In this case, if approached with sadd al-dzarî'ah, then this transaction is haram because the practice of buying and selling is oriented to the practice of usury which is forbidden. Meanwhile, according to IbnHazm, buying and selling is not prohibited because it is in accordance with the provisions of syara'.
VL  - 9
IS  - 4
ER  -

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Author Information

Kawakib

College of Sharia Sciences (STIS) Pontianak, West Kalimantan, Indonesia
Hafdz Syuhud

College of Sharia Sciences (STIS) Pontianak, West Kalimantan, Indonesia

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APA Style

Kawakib, Hafdz Syuhud. (2021). Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). International Journal of Philosophy, 9(4), 193-199. https://doi.org/10.11648/j.ijp.20210904.13

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ACS Style

Kawakib; Hafdz Syuhud. Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). Int. J. Philos. 2021, 9(4), 193-199. doi: 10.11648/j.ijp.20210904.13

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AMA Style

Kawakib, Hafdz Syuhud. Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm). Int J Philos. 2021;9(4):193-199. doi: 10.11648/j.ijp.20210904.13

Copy | Download

@article{10.11648/j.ijp.20210904.13,
  author = {Kawakib and Hafdz Syuhud},
  title = {Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)},
  journal = {International Journal of Philosophy},
  volume = {9},
  number = {4},
  pages = {193-199},
  doi = {10.11648/j.ijp.20210904.13},
  url = {https://doi.org/10.11648/j.ijp.20210904.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijp.20210904.13},
  abstract = {The study of science fiqh in Islamic law is one of the products of the thoughts of Muslim scientists whose sources are the al-Qur'an, hadith, Ijma' and qiyas so as to produce a rule that is made into law in accordance with the objectives of Islamic law for the benefit of mankind which is increasingly develop in line with the changing circumstances of the times. The Ulama and the roots of Islamic law are required to always be sensitive to the problems of social life in the midst of society. In addition, in formulating a law that can be accepted by humans, it cannot be separated from the differences in the socio-cultural background of the scholars and legal thinkers that cause differences of opinion between them in establishing a legal product. These differences are of course caused by differences in thoughts and interpretations in the verses of the Qur'an and hadith, giving rise to pros and cons in establishing Islamic law. As was done in the thinking between Ibn al-Qayyim and IbnHazm in the theory of sadd al-dzarî'ahkehujjah as the concept of establishing Islamic law. In the concept of Ibn al-Qayyim's perspective that sadd al-dzarî'ah can be used as a proposition in Islamic law. According to Ibn al-Qayyim's perspective, the theory or concept of sadd al-dzarî'ah cannot be used as a postulate of Islamic law, because the sadd al-dzarî'ah theory only provides information and motivates to always ijtihad, because the door to ijtihad is always open at any time and condemns to people following without reason or imitating and obeying without evidence (taklid). Ibn al-Qayyim always had to think rationally so as not to be fixated on the textual arguments in the Qur'an and hadith. Thus, Ibn al-Qayyim is more lax in establishing the basics of Islamic law even though there are no texts that specifically acknowledge the validity of the sadd al-dzarî'ah concept. An example is buying and selling on a tempo and then the seller buys the item again in cash at a cheaper price. In this case, if approached with sadd al-dzarî'ah, then this transaction is haram because the practice of buying and selling is oriented to the practice of usury which is forbidden. Meanwhile, according to IbnHazm, buying and selling is not prohibited because it is in accordance with the provisions of syara'.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Implementation of the Concept of Sadd Al-Dzari’ah in Islamic Law (Perspective of Ibn Al-Qayyim Al-Jauziyah and IbnHazm)
AU  - Kawakib
AU  - Hafdz Syuhud
Y1  - 2021/11/23
PY  - 2021
N1  - https://doi.org/10.11648/j.ijp.20210904.13
DO  - 10.11648/j.ijp.20210904.13
T2  - International Journal of Philosophy
JF  - International Journal of Philosophy
JO  - International Journal of Philosophy
SP  - 193
EP  - 199
PB  - Science Publishing Group
SN  - 2330-7455
UR  - https://doi.org/10.11648/j.ijp.20210904.13
AB  - The study of science fiqh in Islamic law is one of the products of the thoughts of Muslim scientists whose sources are the al-Qur'an, hadith, Ijma' and qiyas so as to produce a rule that is made into law in accordance with the objectives of Islamic law for the benefit of mankind which is increasingly develop in line with the changing circumstances of the times. The Ulama and the roots of Islamic law are required to always be sensitive to the problems of social life in the midst of society. In addition, in formulating a law that can be accepted by humans, it cannot be separated from the differences in the socio-cultural background of the scholars and legal thinkers that cause differences of opinion between them in establishing a legal product. These differences are of course caused by differences in thoughts and interpretations in the verses of the Qur'an and hadith, giving rise to pros and cons in establishing Islamic law. As was done in the thinking between Ibn al-Qayyim and IbnHazm in the theory of sadd al-dzarî'ahkehujjah as the concept of establishing Islamic law. In the concept of Ibn al-Qayyim's perspective that sadd al-dzarî'ah can be used as a proposition in Islamic law. According to Ibn al-Qayyim's perspective, the theory or concept of sadd al-dzarî'ah cannot be used as a postulate of Islamic law, because the sadd al-dzarî'ah theory only provides information and motivates to always ijtihad, because the door to ijtihad is always open at any time and condemns to people following without reason or imitating and obeying without evidence (taklid). Ibn al-Qayyim always had to think rationally so as not to be fixated on the textual arguments in the Qur'an and hadith. Thus, Ibn al-Qayyim is more lax in establishing the basics of Islamic law even though there are no texts that specifically acknowledge the validity of the sadd al-dzarî'ah concept. An example is buying and selling on a tempo and then the seller buys the item again in cash at a cheaper price. In this case, if approached with sadd al-dzarî'ah, then this transaction is haram because the practice of buying and selling is oriented to the practice of usury which is forbidden. Meanwhile, according to IbnHazm, buying and selling is not prohibited because it is in accordance with the provisions of syara'.
VL  - 9
IS  - 4
ER  -

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