Mazahib | VOL. 20
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Hassan Hanafi and Islamic Legal Theory:

Publication Date Jan 6, 2022

Abstract

Islamic legal theory (popularly known as uṣū al-fiqh in Islamic term) runs into difficulties when dealing with social and humanities issues. Religious texts, according to Hassan Hanafi’s perspective, should not only be positioned as a source of law, but also at the same time must be seen as a phenomenological experiences of religiosity. The dialectic of religious text and today's empirical context needs to be reformulated. By using phenomenological as a methodological tool, Hassan Hanafi makes an effort of reepistemification of uṣū al-fiqh reason into three typologies of consciousness; historical, eidetic, and praxis. These three aspects constitute the discursive relationship to present an anthropocentric dimension in uṣū al-fiqh reason. This article uses qualitative research methods with interpretation criticism approach. This article aims to analyze the new formula offered by Hassan Hanafi’s uṣū al-fiqh reason, and to examine it to criticize the slogan “Back to the Qur'an and Sunna” as a phenomenon of religiosity. Keywords: Uṣū al-fiqh, Hassan Hanafi, Phenomenology, Back to the Qur’an and Sunna

Concepts

Hassan Hanafi Phenomenon Of Religiosity Islamic Legal Theory Islamic Term Empirical Context Qualitative Research Methods Religious Text Methodological Tool Religious Context Qualitative Methods

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No potential conflict of interest was reported by the authors. The conception and design of the study, acquisition of data, analysis and interpretatio...

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