PARADIGMA PEMIKIRAN HUKUM ISLAM DALAM KEILMUAN MODERN

Abstract

The modern era has led fiqh (Islamic law) on the problematic position and
dilemma. Fiqh is not only difficult to solve various problems and social issues
facing but also still stutter defines selfhood, especially in the context of
formulating a viable legal method used to solve various problems. In view of
Coulson, the problem is what is in the cause of conflict and tension between
theory and practice in the history of research and application of Islamic law.
Indonesian Islamic legal thought in an attempt to deliver a maximum of scholars
schools of law in line with the culture of the Indonesian Islamic community.
Therefore, this product can be applied to legal thought, either philosophical,
juridical and sociological-cultural formal. One of the problems with the
development of Islamic legal irrelevance and thought he was assessed in respect
of human civilization as a static law is the lack of use of scientific methodology as
developed in the West. By him that the historical approach, socio-cultural,
philosophical and theological-scientific approach is a solution to the Islamization
of modern scientific paradigm repertoire of classical Islamic legal methodology.
So the new paradigm of Islamic law is the outcome of these approaches, namely
the paradigm that sees Islamic law in an integrated manner, both as a normative
institutions that prioritizes basic values of Islamic legal certainty as well as
sociological philosophy that prioritizes fundamental values of justice and truth