Skip to main content

Idea's in Islamic Economic Law


The undeniable accusation from Western academics against Muslim economic academics is plagiarism of ideas with Islamic powders. Sounds sadistic indeed. The study of Islamic law can be seen as part of Islamic studies whose focus is on the legal aspects of Islamic teachings, both in terms of the content of the teachings, how the teachings are described and applied, and how the social and cultural environment responds to the application of the teachings. 

The study of Islamic law can also be seen as part of the study of law in general, which taking Islamic law as its object, both in terms of the main content of the law, how the law is elaborated and applied, and how the social and cultural environment responds to the application of the law. From the two formulations above, it can be seen that both seen as part of Islamic studies and as part of legal studies, the study of Islamic law includes three main things, namely: the content of Islamic teachings regarding law, efforts to elaborate and apply the law to keep up with the times, and the response of the social and cultural environment to the application of the law.

It should be emphasized that interpreting the study of Islamic law only as the study of istinbath law is very inadequate, even narrowing the meaning of the study of Islamic law itself. It used to be this impression, as if the study of Islamic law were the study of istinbath law. If expanded slightly, the study of Islamic law is the study of jurisprudence and ushul al-fiqh. This is also reflected in the curriculum of pesantren and madrasa's, even Islamic Religious Colleges. Now, when it is realized that the study of Islamic law can also borrow the methodology of legal studies in general, the scope of Islamic legal studies expands.

From the description above, it appears that the first challenge of the study of Islamic law today lies in the perspective of Islamic legal scholars who still see Islamic law only as a study of jurisprudence and ushul al-fiqh. That is why the proportion of normative Islamic legal research is quite large, but even then the target is still conventional Islamic legal literature and has not touched non-conventional Islamic legal literature. The area of Islamic legal research at the philosophical level also still receives less attention, far below the attention of normative Islamic legal research. The research area that has received the least attention from researchers is the study of empirical Islamic law which for its implementation does require the expansion of auxiliary science or cross-disciplinary studies

Comments

Popular posts from this blog