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The Concepts Of Ta’abudi And Ma’qulatul Al-Makna And Its Implementation In The Islamic Finance And Halal Industries: An Analysis Based On Shafie School Of Law`S Methodology


Ahmad Zakirullah Mohamed Shaarani, Mohd Yahya Mohd Hussin, Fidlizan Muhammad
Abstract

Taʻabbudi and Maʻqulatul al-Maʻna are two topics of discussion among Usul al-Fiqh scholars pertaining to Qiyas chapter and it is utmost vital in the process of developing and forming the Shariah law. Looking at the current development of Islamic Law and the need to research on the processes of how the Shariah law (hukm) is formed, this study is done. With a concrete understanding of the Ta’abudi and Ma’qulatul al-Ma’na concepts along with both of its application will definitely assist those who are involve in deducing the law; Law which conforms to the existing methodology and accurate “instibat” law practices. Without a clear understanding of the two concepts, it is feared that the law will not meet the Syarak requirements and methodology that have been set by Islamic scholars especially from Shafie School of law.Utilizing entirely the library research method, this study tried to analyze these two concepts by looking at its meaning and understanding, as well as its application especially in Muamalat and Halal matter.The research has found that the two concepts, Ta’abudi and Ma’qulatul al-Ma’na are concepts that discuss the law that exists in the al-Quran and al-Sunnah. A significant number of current Shariah issues could be resolved based on the understanding of these two concepts and its application through the process of Qiyas, among the issues is the Shariah rules for using other than water in Taharah cleaning process, and using dirt/soil and other materials for Sertu cleansing process. By solving these issues and alike it not only helping the Muslim`s fellows in performing their ritual matters but it can also contribute to the development of halal dan Islamic finance industry.

Volume 11 | 08-Special Issue

Pages: 2746-2753