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The existence of sunnah tarkiyah in Islamic fiqh
Last modified: 2023-10-29
Abstract
Based on the widely accepted notion, the Qur'an and the Hadith of Prophet Muhammad serve as the primary sources of Islamic law, which are used by scholars of usul al-fiqh to derive legal rulings. Consequently, the study of bid'ah shar'iyyah, pertaining to religious innovation in Islamic law necessitates comprehensive analysis due to its urgency. To achieve this, one of the key methods employed is examination of sunnah tarkiyah, a prominent theme in ushul fiqh, which provides valuable insight into the nature of bid'ah shar'iyyah. In classical ushul fiqh studies, sunnah tarkiyah is examined as part of the Prophet Muhammad's actions. In the development of contemporary ushul fiqh studies, the sunnah of the Prophet is broadly divided into two, namely fi'liyah and tarkiyah. The study of sunnah tarkiyah has garnered attention from contemporary scholars, who have discovered its potential as a valuable source of evidence in the determination of Islamic law. Its validity is currently being questioned, with arguments stating that the absence of actions or practices by the Prophet cannot be considered as definitive evidence. Therefore, this study aims to determine the validity of sunnah tarkiyah in the formulation of Shari’a law.
Keywords
Sunnah tarkiyah; sunnah fi’liyah; source of law
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