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TESIS: KONSEP AL-MAṢLAḤAH AL-MURSALAH DALAM MENGANGKAT KEPALA NEGARA (Analisis Komparasi Sistem Syura dan Demokrasi)
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This thesis aims to describe how Islamic law responds to contemporary problems that are relevant to the rules of al-maṣlaḥah al-mursalah. Al-maṣlaḥah al-mursalah principle is one of the methods of determining law in Islam which is considered to be effective in addressing and providing solutions to contemporary problems related to law in Islam. The method of al- maṣlaḥah al-mursalah could also be used as hujjah providing the prerequisites formulated by muslim scholars have been fulfilled.
The discourse on the presidential appointment has always been widely discussed today, particularly from the perspective of contemporary Islamic law. The problem has been commonly discussed since the method or rule related to presidential election in Islam is yet to be estabilished by the Islamic Shari’ah Council despite the urgency of the topic where the ijma’ of ulama’ has decided that participating in presidential election is an obligatory for every muslim. However, this particular problem does not signify an imperfection of Islamic teachings. Rather, this problem should be considered as a blessing from Allah Almighty where Allah wants people as His servant to do the ijtihad in choosing the leader of their country or nation.
Related to the issue of electing the head of state, the Shura system has been known as the original system of Islam in electing a leader. From the “shura” system, the term “shura expert” is known which was popular in the days of the caliphates of Abu Bakr and Umar. The term of shura expert changed to ahlu al-ḥalli wa al-aqdi after the Caliphate. In this modern era, the facts show that many Islamic countries adhere to democratic system identified with the West. Shura and democracy are two systems of appointment of heads of state that have similarities and nd differences. The similarty is essentially in accommodating the voice of the people to elect the head of state in order to respond the people’s problems. However, the legal status of the “democratic system” is still debated by contemporary Islamic political experts. Despite in the similarty to the shura system, the democratic system is considered as an electoral system that does not originate from Islamic teachings.
Key Words: Al-maṣlaḥah al-Mursalah, Shura, Democration
Zainal Abidin - Personal Name
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2X4
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Indonesia
SYARIAH/HUKUM ISLAM
2020
PASCASARJANA UINAM
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